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HomeMy WebLinkAboutResolution - 2015-R0164 - Contract - Tommy Klein Construction Inc - Mae Simmons Renovations - 05_28_2015Resolution No. 2015-RO 164 Item No. 6.25 May 28. 2015 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. 12253, for construction costs and services related to the renovations of the Mae Simmons Senior Citizens Center as per RFP 15-12253-MA, by and between the City of Lubbock and Tommy Klein Construction. Inc., of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of May 2015. GVEN C/V013ERTSON, MAYOR ATTEST: Rebecca Garza, City Sec et L as; i APPROVED AS TO CONTENT: w Mark rwossistant City Manager APPROVED AS T�FORM: Laura Pratt, Assistant City Attorney Resolution - Tommy K16n Construction 5.6.13 N1av 6.2015 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE May 28, 2015 CITY OF LUBBOCK SPECIFICATIONS FOR Mae Simmons Senior Citizens Center RFP 15-12253-MA CONTRACT 12253 PROJECT NUMBER: 92323.8304.10000 pis-- PC) t 6q CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank DESIGN GROUP, INC. ITEM #9: Lay -In Ceilings — On Sheet A3, revise Keyed Notes 1 and 2 to read `Not Used'. ITEM #10: Lay -In Ceilings — On Sheet A3, in Rooms 106 and 110, replace Keyed Note 2 with revised Keyed Note 6. Replace Keyed Note 1 shown in Room 114 with Keyed Note 6. ITEM #11: Finish Materials Schedule — In the Project Manual, Section 099999, under Floor Finishes, replace Textile Composite Flooring (TCF) with Carpet (CPT 1). Carpet is to be Patcraft I0119 Dazzle, 00715 Chic, modular (ashlar installation). ITEM #12: Finish Materials Schedule — In the Project Manual, Section 099999,under Miscellaneous Finishes, Acoustical Ceiling Tiles (ACT), new ceiling tiles in 109 Kitchen and 110 Pantry are to be Armstrong Ceramguard Unperforated No. 605, 24"x48"x 5/8", white. All other rooms are to receive Armstrong School Zone Fine Fissured No. 1714, 24"x48"0/4", white. End of Addendum No. 1 1402 Avenue N • Lubbock, Texas 79401 9 (806) 748-6190 Page Intentionally Left Blank ADDENDUM Page Intentionally Left Blank City of Liibbo6k ADDENDUM 1 RFP 15-12253-MA Mae Simmons Renovations DATE ISSUED: April 28, 2015 DEADLINE FOR SUBMISSION OF PROPOSALS: April 30, 2015 at 3:00 P.M., CST The following items take precedence over specifications for the above named Request for Proposals. Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised of the following: Architect Addendum One is attached. All requests for additional information or clarification must be submitted in writing and directed to: City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to malvarezOcinylubbock.us THANK YOU, Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the Offeror's responsibility to advise the City, of Lubbock Director of Purchasing & Contract Management if any language. requirements, etc.. or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a singig source. Such notification must be submitted in writing and must be received by the Director of Purchasing & Contract Management no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ADDENDUM No. l 11-2ro- DESIGN GROUP, INC. PROJECT: City of Lubbock DATE: 4/23/2015 Mae Simmons Senior Center Renovations PROJECT NO.: C21403 2004 Oak Avenue Lubbock, Texas 79404 The following items take precedence over the drawings and project manual for the above named project and in closing a contract shall become a part of the contract documents. Where any item called for in the specifications or indicated on the drawings is supplemented here, the original requirements remain in effect. Consider all supplemental conditions as added to the specifications and drawings. Where any original item is amended, voided or superseded here, the provisions of such items not specifically amended, voided or superseded remain in effect. ITEM #1: General —The facility will be vacated by the Owner during construction until substantial completion. The parking lot and the adjacent Community Center building are to remain open. ITEM #2: Landscaping — Existing landscape irrigation valves and heads will be marked by City Parks. Contractor shall coordinate with City Parks before altering, raising, or relocating heads to accommodate the new work. ITEM #3: Landscaping - On Sheet SP-4, 21/SP4 Site Plan, delete Keyed Note 6 shown in landscape strip between the new ramp, sidewalk, and new steps. That area is to be re -graded to drain, covered with landscape fabric, and covered with crushed granite, I inch thickness. No irrigation system in this area is required. ITEM #4: Lay -In Ceilings — On Sheet A 1, Demolition Plan Note 21, change note to read `Remove existing lay -in ceiling tiles and batt insulation (2 layers). Salvage insulation for re- installation over new ceiling tiles. Existing grid is to be cleaned and is to remain.' ITEM #5: Lay -In Ceilings — On Sheet A 1, in 114 Mechanical, replace Demolition Plan Note 20 with revised Note 21. ITEM #6: Lay -In Ceilings — On Sheet A 1, in 106 Game/Crafts Room, replace Demolition Keyed Note 7 with revised Note 21. ITEM #7: Lay -In Ceilings - On Sheet Al, change Demolition Plan Notes 7 and 20 to `Not Used ITEM #8: Lay -In Ceilings — On Sheet A3, change Keyed Note 6 to read, `Clean existing grid, provide new ceiling panels, and install salvaged batt insulation (2 layers) over lay -in ceiling.' 1402 Avenue N • Lubbock, Texas 79401 e (806) 748-6190 [ - I City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 15-12253-N A Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. ✓ Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. ✓ Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. ✓ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. ✓ Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. ✓ Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management / Office prior to the deadline. Late bids will not be accepted. 6. ✓ Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. ✓ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. v*'— Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING 9. _ Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (trype or Print Company Name) Page Intentionally Left Blank INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS GOVERNMENT CODE § 2269 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. LUMP SUM PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. DAVIS-BACON WAGE DETERMINATIONS 12. SPECIAL CONDITIONS (IF APPLICABLE) 13. SPECIFICATIONS d- Page Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank NOTICE TO OFFERORS RFP 15-12253-MA Sealed proposals addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. on April 30, 2015 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "Mae Simmons Senior Citizens Center " After the expiration of the time and date above first written, said sealed proposals will be opened in the =office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 3:00 p.m. on April 30, 2015 , and the City of Lubbock City Council will consider the proposals on May 14, 2015 at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must he in a form accepted by the City Attorney and must he dated the same as the Contract Award date. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on April 9, 2015 at 11:00 a.m., in Committee Room 103, at City Hall 1625 13' Street, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.thereproductioncompan .cy om/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents t_ x are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to j this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta-ACvareZ Marta Alvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank t' GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Mae Simmons Senior Citizens Center per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 p.m. on April 30, 2015 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 15-12253-MA, Mae Simmons Senior Citizens Center "and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing Contract Managers Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING - For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non- mandatory pre-uronosal conference will be held at on April 9. 2015 at 11:00 a.m.. in 2.1 All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not i mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 2.3 L... 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 1 r- 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents t may request an interpretation thereof from the Purchasing Manager. At the request of the proposer, or in the event the Purchasing Manager deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Manager. Such a addenda issued by the Purchasing Manager Office will be available over the Internet at http://www.bids3Dc.com and will become part of the proposal package having the same binding j effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Manager Office no later than seven (7) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Manager Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have Y had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract t documents, shall be given to the Purchasing Manager and a clarification obtained before the proposals are received, and if no such notice is received by the Purchasing Manager prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Purchasing Manager 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 seven (7) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any ` A services or equipment. t 2 i� S } . 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. t 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. ' 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive pm'P Y q p p i- proposals. It shall be the offerors responsibility to advise the Purchasing Manager if any 3 language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing Manager Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made.__r 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN SEVEN (7) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock Purchasing and Contract Management Office 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: malvarez iLiylubbock.us Bidsync: www.bidsync.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED AND FORTY-FIVE (145) CONSECUTIVE CALENDAR from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the i improvements contemplated by the contract documents have been paid in full and that there are no f I claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some i detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations 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 tennination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City 5 t_ E 1 20 21 22 23 24 reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. r 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. i 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS 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 7 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, $200 for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman rt 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. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and t subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The 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 proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name Tommy Klein Construction, Inc. 29.3.2 Proposal "RFP 15-12253-MA, Mae Simmons Senior Citizens Center " Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal 30 31 price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (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 proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner t Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) P 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 that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 20% for Contractor Qualifications, 10% for Safety Record, and 10% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 20% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 10% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will not be considered. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. ? Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio. !i 10 32.4 10% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. The estimated budget for the construction phase of this project is $300,000 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and n:ay be rejected if it shows onussions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified 11 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. ' 34.2 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 -r process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.gov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 12 `.__ TEXAS GOVERNMENT CODE & 2269 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The govermnental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM LUMP SUM PROPOSAL CONTRACT RFP 15-12253-MA DATE: 4— -�)Q 20.1, PROTECT NUMBER: -RFP 15-122533-114A Proposal of I 1111 y"Lly eio i .CItq Sf r u d i an �ri�t r— (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: Mae Simmons Senior Citizens Center The Offeror, in compliance with your Request for Proposals for the Renovations of the Mae Simmons Senior Citizens Center having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the renovations of the intended project including the availability of materials and labor, hereby intends to Furnish all labor, materials, and supplies; and to renovate the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. RASP. PROPOSAL ITEM NO DESCRIPTION UNIT MATERIALS LABOR TOTAL PRICE 1 Mae Simmons Senior Center LS 1 3 9, 4-7%9 9�� %F!v p p a 3 a, [ e 3, o 0 Renovations TOTAL PROPOSAL ITEMS #1: (S 9 3 �1, 4-6 3. oo ) DURATION 1. Number of days required for construction: Ann1TiVF At.TRRNATFR TOTAL CALENDAR DAYS: 1-4 6 ITEM NO, DLSSCRIPTION UNIT MATERIALS LABOR TOTAL Provide and install LED light 1 fixtures as per Section 012300 LS //, F9 Z and sheet E2. VV)LtnJAnd (tL(eljqatfe, C)n LF—(� LIsYJ5 L0f R52 /YI 1r�r.0 c7� Clt�1t/� $244,355 K 1C Offeror's lnitiats Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ( 145) Days Completed by Contractor (ONE HUNDRED AND FORTY-FIVE ) Written Days Completed by Contractor CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $150 (ONE HUNDRED AND FIFTY DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashiers check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. - ek" Offeror's Initials Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of 15`% _ Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secre O r r acknowledges receipt of the following addenda: Addenda No. 1 Date 4 - Z 0 Addenda No. Date Addenda No. Date Addenda No. Date NIMBE Firm: Date: -30 - ,?Q1 5 kl /l "'I Authorized Signature t%rpla)detY) (Printed or Typed Name) Company q :f>- 1 -2- tLIQ o vi rl Address Lp h1--)Quz Lt,(D6r)UL city, County I -P K CA 5 '7q 4-Z4- State Zip Code Telephone: 6 - 4-3 9 - 9777 Fax: 7'),Xo - 74 7 - a c3 5 9 Email: + klt,:� -I k ler���rtS+.c cnz FEDERAL TAX ID or SOCIAL SECURITY No. `75 -D74g1i3(, Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) By NIA Date: Authorked Representative - must sign by hand i Officer Name and Title: N' Please Print Business Telephone Number FAX: �1 E-mail Address: FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over S50,000): Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 4 CONTRACTORS STATEMENT OF QUALIFICATIONS Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. OUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Contractor's General Information Organization Doing Business As Tommy Klein Construction, Inc. Business Address of Principle Office 7312 Upland Avenue Lubbock, Texas 79424 Telephone Numbers Main Number 806-43&8777 Fax Number 806-797-2959 Web Site Address www.tkleinconst.com Form of Business (Check One) Date of Incorporation x A Corporation A Partnership An Individual November 1998 State of Incorporation Texas Chief Executive Officer's Name President's Name Karen Klein Tommy Klein Jonathan Klein Vice President's Name(s) Average Employe 8 Average Estimate of Revenue the Current Year 5 $ 6,280,000.00 Contractor's Organizational Experience Organization Doing Business As Tommy Klein Construction, Inc. 7312 Upland Avenue Business Address of Regional Office Lubbock, Texas 79424 Name of Regional Office Manager Karen Klein Telephone Numbers Main Number 806-438-8777 Fax Number 806-797-2959 Web Site Address www.tkleinconst.com List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies nresentiv doina business: Names of Organization From Date To Date Tommy Klein Construction 01-014986 11-16-1998 Tommy Klein Construction, Inc. 11-16-1998 - To present List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Years experience in projects similar to the proposed project: As a General Contractor 129 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? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a"bidder or proposer by any local state or federal agenc within the last five ears? No If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. See attachment No. r0� Contractor's Proposed Key Personnel Organization Doing Business As I Tommy Klein Construction, Inc. 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.1 Tommy Klein is general manager of all projects. Tommy also acts as project manager for certain projects. Shad Hartman is our estimator. Jonathan Klein and Shad Hartman serve as project managers. Cory McElwee, Eddie Klein and Chip Prosser serve as project superintendents. Karen Klein is general office Manager and chief financial officer. 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 attachmentNo.2 Tommy Klein is project manager. Eddie Klein will serve as project superintendent on this project. Alternately, Shad Hartman will serve as project manager and Jonathan Klein as project superintendent. All employees are responsible for Safety and Quality Control. On this project, the individual designated for Safety is Tommy Klein with Shad Hartman as alternate. Eddie Klein is designated In charge of Quality Control, with Tommy Klein designated as alternate. Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment: and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Tommy Klein Shad Hartman Project Superintendent Eddie Klein Jonathan Klein Project Safety Officer Tommy Klein Shad Hartman Quality Control Manager Eddie Klein Tommy Klein 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. I T Tommy Klein Construction, Inc General Project Manager Quality Control Safety Tommy Klein Project Manager Quality Control Safety Jonathan Klein Project Superintendent Quality Control Safety Chip Prosser Project Superintendent Quality Control Safety Craig Wallace Estimator/Project Manager/Safety Officer/Quality Control Shad Hartman General Office Manager Chief Financial Officer Project Superintendent Quality Control Safety Eddie Klein Project Superintendent (as needed) Karen Klein Master Carpenter Quality Control Safety Jerry Lafuente Carpentry Laborers (as needed) General Laborers (as needed) Attachment No. 1 Attachment No. 2 Tommy Mein Construction, Inc RFP 15-12253 MA -MA Mae Simmons Project General Project Manager General Office Manage + Quality Control Chief Financial Officer Safety Tommy Klein Karen Klein (Proposed) (Alternate) Project Manager Project Manager Safety Safety Tommy Klein Shad Hartman (Proposed) Project Superintendent Quality Control Eddie Klein (Alternate) Project Superintendent Quality Control Jonathan Klein 7-7 Proposed Project Managers Organization Doing Business As Name of Individual Tommy Klein Construction, Inc. Tommy Klein Years of Experience as Project Manager 29 Years of Experience with this organization 29 Number of similar projects as Project Manager 750+ Number of similar projects in other positions 500+ Current Project Assignments TTU — CHACP2 Switchgear Replacement Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Project Manager 10% August 31, 2015 Reference Contact Information(listing names indicates ap val to contacting the names individuals as a reference Name Darren Densford Name Jimmy Dunn Title/ Position Engineer Title/ Position Engineer Organization Texas Tech University Organization Texas A & M Agrilife Telephone 806-8344791 Tele one 978-845-2180 E-mail Darren.densford ttu.edu E-mail Jd-dunn tamu.edu Project Hulen Shower/Toilet Renovations Project Texas A & M Equipment Shed Candidate role on project Manager Project Name of Individual Candidates role Project Manager/Superintendent on Project Shad Hartman Years of Experience as Project Manager 12 Years of Experience with this organization 5 Number of similar projects as Project Manager 500+ Number of similar projects in other positions 100+ Current Project Assignments LISD — McWhorter Restroom Renovations Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Project Manager 25% August 1, 2015 Estimator 25% ongoing EMEM, am: Name Darren Densford Name Kevin Cockrell Title/ Position Engineer Title/ Position Project Coordinator Organization Texas Tech University Organization Lubbock Independent School District Telephone 806-834-4791 Telephone 806- E-mail Darren.densford ttu.edu E-mail kcockrell@lubbockisd.org Project Clement Shower/Toilet Renovations Project Sm lie Wilson Restroom Repairs Candidate role on Project Project Manager Candidate role on Project project Manager/Superintendent Project Manager As Project Manager assigned to this project, Tommy is highly qualified. Tommy has managed plumbing, concrete, electrical, painting, HVAC and mechanical in multi- discipline projects, in diverse locations. He is an experienced estimator, taking bids from subcontractors, as well as having line -item experience in doing insurance claims for clients. Tommy, as the leader of our team, has been effective in communicating expectations for quality workmanship on projects, which is one of the many reasons the company has found success. Tommy has earned respect among our clients, as well as engineers, architects and subcontractors, specifically because he works collaboratively in delivering the best quality project at a fair price. Tommy Klein, vice president, has worked in the construction industry for the last forty years. He began at the age of eighteen, digging ditches and tying rebar. He went on from there to framing houses. In 1977, he began working as a project superintendent for a large contractor in Lubbock, Texas. As project superintendent he was responsible for projects ranging in size and scope from seven hundred thousand up to four million dollars. These years gave him the experience needed to begin his own company in 1986 as a sole proprietorship. In 1998, the company incorporated in the State of Texas. The company performs all types of construction, including minor construction, rehabilitation, alterations and repairs. Tommy's knowledge of the principles of construction is vast. His ideas are ingenious when it comes to problem solving and clients feel comfortable asking him to come up with a revised plan or design, in order to overcome a problem or enhance the project. Because of the integrity with which we do business, when warranted, Tommy has worked with clients and architects to find less expensive alternatives to give the client better value. His personality lends itself to healthy working relationships with colleagues, as they become partners in bringing a project to a successful completion. Tommy is OSHA certified, which qualifies him to be our project safety officer. Attention to safety is ongoing on all projects. Tommy will be on the jobsite daily as construction progresses and will be available at all times. 10% of his time will be devoted to another project at Texas Tech University. The total listing of projects Tommy has managed over the years are too many to list. Attached is a listing of some of the projects under his management from 2012-2014. I I I I I I I I f I 1 Completed Projects 1. KCBD News Channel 11 2014 - KCBD Toilet Room Renovations Dan Jackson — 806-761-4232 diackson@kcbd.com $ 259,659 2. City of Lubbock 2014 - HR Office Remodel Chad Price — 806-775-3190 cprice@mylubbock.us $ 16,863 3. Texas Tech University 2014 - Foreign Language Remodel T.Dean Brannon, A.I.A. — 806-834-0303 $ 30,446 4. Lubbock Independent School District 2014 — Restroom Renovations — Wilson Middle School Kevin Cockrell, Project Manager-806-766-1457 154,143 5. Texas Tech University 2014 - Murray Dining Finishes Mike Glass, Project Manager — 806-834-5512 Mike.glass@ttu.edu $ 97,225 6. Lubbock Association of Realtors 2014 - Office remodel Cade Fowler — 806-795-9533 cadefowler@lubbockrealtors.com $ 75,727 2 Tommy Klein Construction, Inc. 7. Second Baptist Church 2014 - New 941 sq ft columbarium at Second Baptist Church Ken Condray ken@condray.com $ 169,247 8. Texas A & M Agrilife Extension Service, Lubbock, Texas 2014 - Remodeling the Auditorium at the Texas A & M Research & Extension Center Jimmy Dunn — 979-845-2180 Jd-dunn@tamu.edu $ 123,720 9. Texas Tech University 2014 — Murdough Hall — Shower/Toilet Renovations Darren Densford, Architect — 806-834-4791 darren.densford@ttu.edu 2014 — Murdough Hall — Shower/Toilet Renovations $ 1,593,160 S. Texas Tech University 2014 - Remodel Study Lounges — Coleman, Chitwood, Weymouth Stephanie Laughlin — 806-834-1241 stephanie.laup,hiin@ttu.edu $ 836,845 6. Texas Tech University 2014- Install 304 Graber 2" composite wood blinds Daizy Duede, interior designer — 806-834-3999 daizy.duede@ttu.edu $ 126,497 7. Texas Tech University System 2013 - Demolition and construction of two guest restrooms at Sneed Hall Dale Blevins, Project Manager — 806-834-3462 d.blevins@ttu.edu $ 94,060 P Tommy Klein Construction, Inc. 8. Texas Tech University 2013 - Concrete at the back dock at Stangel on the TTU campus Mike Glass, Project Manager — 806-834-3462 mike.elass@ttu.edu $ 122,182 9. Texas A & M Agrilife 2013 — Restroom Renovations Mika Wyatt, project manager — 806-746-6101 ext. 4032 mwyatt@ag.tamu.edu 2013 — Restroom Renovations $ 63,441 10. Texas A & M Agrilife Research 2013 Installation of carpet tile and ceramic tile Mika Wyatt — 806-746-6101 ext. 4032 mwyatt@ag.tamu.edu $ 54,321 11.Texas Tech University 2013 — Demolition & installation of flooring, walls & ceilings -Coleman Study Lounges Dale Blevins, Project Manager — 806-834-3462 d.blevins@ttu.edu $ 80,648 12. Texas Tech University 2013 — Hulen Hall — Shower/ Toilet Renovations Darren Densford, Architect — 806-834-4791 darren.densford@ttu.edu $1,129,920 13. Texas Tech University 2013 — Clement Hall — Shower/Toilet Renovations Darren Densford, Architect — 806-834-4791 darren.densford@ttu.edu $1,350,144 1 Tommy Klein Construction Inc. 14. City of Lubbock 2013 — Police Property Room — fire alarm, vent hood and floor repair Rodney Unrein — 806-775-2207 runrein@mylubbock.us ' $ 43,412 a 15. City of Lubbock 2013 — Land Application Abatement T.J. Carpenter — 806-775-3078 tarpenter@mylubbock.us $ 24,219 r 16. Texas Tech University L� 2013 - Wiggins Hall University Student Housing Office Remodel j Stephanie Laughlin — 806-834-1241 1 Stephanie. laughlin@ttu.edu $1,363,898 I 17. University Medical Center 2013 Logistics Building $ 142,324 Jon Long — 806-748-6190 ion@condray.com 18. Texas Tech University 2013 - Install 304 Graber 2" composite wood blinds Daizy Duede, interior designer— 806-834-3999 daizy.duede@ttu.edu $ 86,547 19. Texas Tech University System (Housing) 2012 — Renovation of Restrooms 1st through 4"' floor at Stange) Hail Dale Blevins, Project Manager — 806 — 834-3462 d.blevins@ttu.edu $ 464,688 IN H 20. Texas Tech University System (Hospitality) 2012 - Wiggins Dining Complex — Renovate Elevator Hallway Sean Childers — 806-834-4673 sean.childers@ttu.edu $ 113,050 ` 21. University Medical Center 2012 UMC —Second Floor Renovation Jeff Vitale — 806-775-8200 $ 221,463 22. Texas Tech University System (Housing) 2012 - Install 304 Graber 2" composite wood blinds Daizy Duede, interior designer — 806-834-3999 daizy.duede@ttu.edu $ 82,615 23. Texas Tech University System (Hospitality) 2012 — Installation of TV's, cameras and door wiring at the Boston Dining Hall Mike Glass, Project Manager — 806-834-5512 mike.glass@ttu.edu $ 47,150 24. Texas Forest Service 2012 - Demolish and Rebuild Lathe House Mika Wyatt — 806-746-6101 ext. 4032 mwyatt@ag.tamu.edu $ 74,993 25. Lubbock Independent School District 2012 - Restroom Renovations — Harwell & Overton Kevin Cockrell, Project Manager — 806-766-1457 $ 265,517 26. Texas Forest Service 2012 — TAMUS Building Remodel at College Station, TX Jimmy Dunn, Engineer — 979-458-2184 $ 289,953 Project Manager (Alternate) Shad Hartman, our company estimator and Project Manager, is an invaluable asset to the company. We are proud to say he joined our company in May of 2010. His years of experience in the construction industry are advantageous for our company and our clients. Shad has experience in budgeting, estimating, marketing, cost analysis, quality control, safety and project management. As West Texas Regional Manager for a job order contractor, Shad managed and supervised approximately 350 projects totaling 20 million dollars over 3-1/2 years. He is OSHA certified and serves as Safety Manager. Shad is an integral part of our management team. Some of the projects Shad has managed are as follows: City of Lubbock — Firestation #11 $ 43,422 KCBD $ 239,869 TTU — High Rises $ 839,203 TTU —Sneed Restrooms $ 94,060 TTU — Horn/Knapp Kitchen $ 131,496 TTU — Clement Hall — Shower/Toilet Renovations $ 1,350,144 LISD — Smylie Wilson Middle School $ 131,601 Texas Forest Service — College Station $ 308,207 Terry County Courthouse — Demo, $ 442,618 Site work, metal stud walls, millwork Klondike ISD — 4,5,7,13,14 $ 182,921 Crosbyton CCISD Site Work, Carpentry $ 168,402 Gypsum systems University Medical Center EMS building $ 184,391 Texas Agrilife Parking Lot $ 97,513 Texas Tech Health Sciences Center 1-A $ 107,925 Pathology Renovations Texas Forest Service — Lathe House $ 74,993 Buddy Holly Plaza Improvements $ 158,463 City of Lubbock — Park Improvements $ 240,570 Second Baptist Church $ 169,247 U M C 2nd Floor Renovation $ 221,463 TTU — Wiggins Dining Complex Renovate Elevator Hallway UMC Logistics Building City of Lubbock Police Property Room Texas Forest Service TAMUS Bldg. Remodel LISD Restroom Renovation Harwell & Overton $ 113,050 $ 142,324 $ 43,412 $ 289,953 $ 265,517 Shad knows construction from the bottom up. He does an outstanding job at scheduling and managing projects. At times, he has numerous projects in progress and successfully oversees them all with a smooth finishes. He is great at multi -tasking and his organizational skills provide what is needed to ensure we continue to provide exceptional construction service to our owners. i Proposed Project Superintendent PLEASE SEE PROJECT MANAGER , Organization Doing Business As Tommy Klein Construction, Inc. ... Name of Individual d N - Years of Experience as Project Superintendent Eddie Klein Years of Experience with this organization 1 (39 years in construction) Number of similar projects as Superintendent 750+ Number of similar projects in other positions Current Project Assignments City of Lubbock Water & Street Dept. Renovations Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Project Superintendent 60% 07/31/2015 Reference Contact Information(listing names indicates a royal to contactin the names individuals as a reference Name Rodney Unrein Name Robert Keinast Title/ Position Project Manager Title/ Position Battalion Chief Organization City of Lubbock Organization City of Lubbock Fired Dept. Telephone 806-775-2207 Tele hone 806-775-2632 E-mail runrein@mylubbock.us E-mail rkeinast@mylubbockus Project City of Lubbock Water & Street Dept. Renovations Project Fire Station #11 Candidate role on project Superintendent Project Name of Individual Candidate role project Superintendent on Project MENEEMENNEW Jonathan Klein Years of Experience as Project Superintendent 9 Years of Experience with this organization 15 Number of similar projects as Superintendent 150+ Number of similar projects in other positions 50+ Current Project Assignments Name of Assignment TTU — Wall and Gates Hall Shower/Toilet Renovations, Weeks Hall Renovations Percent of Time Used for this Project Estimated Project Completion Date Project Manager 75% August 2, 2015 Marketing 10% o Name • o o .norName Darren Densford Ste hanie Lau lin Title/ Position En ineer Senior Desi er Or anization Texas Tech Universi Texas Tech UniversityTele hone 806-834-4791 806-834-1241 E-mail Darren.densford@ttu.edu E-mail Ste hanie.Iau ttu.edu Project Clement Hall Shower/Toilet Renovatinos Project Wiggins Hall Student Housing Candidate role on Project project Superintendent Candidate role on Project Project Superintendent r u u Eddie Klein — Superintendent Eddie Klein has 39 years of experience in the construction industry. He has experience in millwork, carpentry, door, hardware, toilet partition installation and supervision. He supervised multi -million dollar projects for a large construction firm for twenty-five years. His experience includes managing multiple projects at different locations, managing plumbing, concrete, electrical, painting, HVAC and mechanical. Upon retirement of his boss, he struck out on his own, doing residential remodeling for five years. He then, subcontracted door installation for Lee Lewis Construction, Inc. for two years. Seven years ago, Eddie began subcontracting the installation of Wilson wall in school districts across Texas. Clearly, he has the experience and expertise necessary to insure the completion of any size construction project. We gladly welcome him to our team. Since joining our company, Eddie has supervised the following projects: 2015 (Current) — City of Lubbock Water Administration & Street Dept. $ 692,463 Renovations, Municipal Hill 2015 (Current) - City of Lubbock Mahon Library Entrance $ 76,463 2014-2015 —1803 Broadway — Office Remodel $ 48,000 2014-2015 — Second Baptist Church Columbarium $ 169,247 2014-2015 — City of Lubbock — Firestation #11 $ 43,422 There is no doubt that the experience Eddie has as a superintendent managing large projects will be of benefit to the City of Lubbock. He successfully schedules subcontractors, manages them well, and exemplifies our company's commitment to bringing our owners a high quality project we can all be proud of. The individuals at the City of Lubbock, who are associated with the projects Eddie is or has worked on, can speak for his experience and abilities to supervise this project. Although the projects Eddie is currently supervising overlap with this project, we assure the City of Lubbock that Tommy Klein and Shad Hartman will ensure the project gets off to a smooth start. Eddie will be involved with meeting with subcontractors at the beginning of the project, and be able to devote 40% of his time to this project. Tommy Klein will manage and supervise the project with him until mid -July, when Eddie will take over supervision 100%. All employees are responsible for ensuring the project is meets are standards of quality. Quality control is on -going on all projects. For this project, Eddie Klein is designated as Quality Control Manager. Jonathan Klein, Project Manager and Superintendent has proven himself to be an excellent manager within the company. He joined us in May of 2008. Jonathan does an impressive job at working cooperatively with clients, architects and subcontractors, which has further established our reputation for providing outstanding communication, quality work and timely completion. He is knowledgeable, having "grown up" in the construction business with Tommy and was employed previously with the company June 2001-June 2004. His experience includes managing multiple projects at different locations, managing plumbing, concrete, electrical, painting, HVAC and mechanical. In total, Jonathan has managed over $ 6,150,000.00 for the company since 2008. Jonathan has been our on -site manager/superintendent at Texas Tech University since 2010. Jonathan's outgoing, friendly personality, along with his knowledge and experience make for a great combination for success. Projects directly supervised by Jonathan Klein 2010-2014: 2014 — KCBD Renovations $ 239,870.00 2014 TTU Murdough Hall Shower/Toilet Renovations $ 1,527,413.00 2014 TTU Stangel Blinds $ 126,497.00 2014 TTU Coleman Hall Flooring $ 1 47,572.00 + 2013 TTU Weymouth Hall Flooring $ 22,231.00 ) 2013 TTU Coleman Study Lounges, Floors Ceilings, Walls $ 80,648.00 2013 TTU Clement Hall Shower/Toilet Renovations $ r 1,350,144.00 I 2013 TTU Wiggins Dining Hall $ 1,363,898.00 l 2013 TTU Hulen/Clement Blinds $ 86,547.00 2012 TTU Additions to spaces Commons & Einsteins $ 28,127.00 2012 TTU 5 ton split heat pump system Chefs Platter $ l 19,169.00 L 2012 TTU Installation of countertop in Bledsoe Dining Hall $ 11,790.00 2012 TTU Addition of Chair rail — Sam's Place $ 5,900.00 r I 2012 TTU Build & install 74 custom cabinets & doors mailboxes in 14 residence halls $ 19,500.00 L J 2012 TTU Install 304 Graber 2" composite wood blinds — Chitwood Hall $ 82,615.00 2012 TTU Install TV's, cameras and door wiring at Boston Dining $ 47,150.00 2012 TTU Wiggins Dining Complex— renovate elevator hallway $ 122,557.00 2012 TTU Installation of countertops in the Bledsoe Dining $ 41,236.00 2012 TTU Stangel 1st-41h Restroom Remodel $ 464,688.00 2011 TTU Bledsoe Countertops $ 11,790.00 2011 TTU Renovate 14 Laundry Rooms $ 248,378.00 2010 TTU Residence Hall Renovations — Horn/Knapp/Bledsoe/Sneed $ 465,595.00 Jonathan has shown himself to be more than capable of running projects from start to finish. We have full confidence in his ability to manage any of our projects. Proposed Project Safety Officer PLEASE SEE PROJECT MANAGER Organization Doing Business As owe... Name of Individual Tommy Klein 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 Estimated Project this Project Completion Date Estimator ongoing Reference Contact Information Qisting names indicates aprovat to contacting the names individuals as a reference Name Kevin Cockrell Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail kcockrell ubbockisd.or E-mail Project Smylie Wilson Restroom Renovations Project Candidate role on Project Manager/Project Superintendent Candidate role Project Safety Manager on Project o. e- Name of Individual Shad Hartman 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 Estimated Project Us Project Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Candidate role Project on Project io Proposed Project Quality Control Manager PLEASE SEE PROJECT SUPERINTENDENT r Organization Doing Business As liiiii'm• I I I 1 ee Tommy Klein Construction, Inc. Name of Individual Eddie Klein Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates a roval to contactingthe names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on ect WeNEEM Name of Individual Candidate role on Project TommyKlein PLEASE SEE PROJECT MANAGER Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project I l [ Contractor's Project Experience and Resources Organization Doing Business As Tommy Klein Construction, Inc. 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 ears which specifically illustrate the organizations capability to provide best value to the Owner for this project 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 Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necess Equipment Item Primary Use on Project Own Will Buy Lease ® o � • • o 0 What work will the organization complete using its own resources? Project Management, Project Supervision, Rough Carpentry, Plastic Laminate faced Architectural cabinets, Installation of hollow metal doors and frames, flush wood doors & door hardware, toilet compartments, wall and door protection, and toilet, bath, and laundry accessories What work does the organization propose to subcontract on thisproject? Demolition, Concrete, Masonry, Metals, Thermal & Moisture Protection, Finishes, Plumbing, mechanical, Electrical, Earthwork, Exterior Improvements Jrl P hment A Current Projects and Project Completed within the last 10 Years Project Owner I Texas Tech University Project Name Murdough Shower/Toilet Renovations General Description of Project: Asbestos Abatement/Shower/Toilet Renovations Project Cost $ 1,593,160.00 1 Date Project Completed 08-08-2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Jonathan Klein Tommy Klein Jonathan Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Darren Densford Engineer TTU Operations Division 806-834-4791 Darren.densford@ttu.edu MME Project Owner I City of Lubbock Project Name I City of Lubbock Water Administration & Streets Dept. General Description of Project: Office remodel, new restrooms Project Cost $ 692,463.00 Date Project Completed In progress Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Eddie Klein Tommy Klein Eddie Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock.us Project Owner I KCBD Project Name I KCBD Toilet Room Renovations General Description of Project: Restroom Renovations Project Cost $ 259,659.00 Date Project Completed 12/16/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Jonathan Klein Tommy Klein Jonathan Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner KCBD Designer Construction Manager Dan Jackson KCBD 806-761-4232 djackson@kcbd.com ��--�- r'----�. 7- ---- � Imo'^. r_.. 7 71 .�„�--� '....,-�� „_�� - -„ -- „ram rro ect mtormation Project Owner Texas Tech University System Project Name Murdough Shower/Toilet Renovations General Description of Project Shower/Toilet Renovations Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 1,593,160 Notice to Proceed 05-18-2014 Change Orders -65,747 Contract Substantial Completion Date at Notice to Proceed 08-04-2014 Owner Enhancements Contract Final Completion Date at Notice to Proceed 08-11-2014 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 08-01-2014 Final Cost 1,527,413 ° • Actual / Estimated Final Completion Date 08-08-2014 Quality Control Manager Project Manager Project Sup Safety Officer Name Tommy Klein Jonathan Klein Tommy Klein Jonathan Klein Percentage of Time Devoted to the Project 50% 100% 100% 100% Proposed for this Project 50% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Darren Densford Engineer TTU Operations Division 806-8344791 Darren.densford@ttu.edu Surety Suretec MENEM WE MR MMF Number of Issues IV/`� Total Amount involved in N/A Number of Issues N/A Total Amount involved in N/A Resolved Resolved Issues Pending Resolved Issues 16 Yroiect Information Project Owner City of Lubbock Project Name Water Administration and Street Dept. Renovations at Municipal Hill General Description of Project Sitework, concrete, masonry, metal, wood and plastics, thermal moisture protection, doors and windows, finishes specialties, furnishings Mechanical, Electrical Budget Historyy Schedule Performance Amount % of Bid Amount Date Days Bid 692,463 Notice to Proceed 01-08-2015 180 Change Orders Contract Substantial Completion Date at Notice to Proceed 07-08-2015 Owner Enhancements Contract Final Completion Date at Notice to Proceed 07-18-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 07-08-2015 Final Cost 692,463 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control Manager Name Tommy Klein Eddie Tommy Klein Eddie Percentage of Time Devoted to the Project 25% 75% 100% 100% Proposed for this Project 25% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock.us Suret ® o 0 o e o 0 o M c Co. o Number of Issues N/A I Total Amount involved in N/A Number of Issues I N/A Total Amount involved in N/A Resolved Resolved Issues Pending Resolved Issues 16 -^ r-777 - rro ect intormanon Project Owner KCBD Project Name KCBD Toilet Room Renovations General Description of Project Toilet Room Renovations Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 259,659 Notice to Proceed 10-10-2014 Change Orders Contract Substantial Completion Date at Notice to Proceed 12-31-2014 Owner Enhancements Contract Final Completion Date at Notice to Proceed 12-31-2014 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 12-16-2014 Final Cost 259,659 Actual / Estimated Final Completion Date 12-16-2014 Project Manager Project Sup Safety Officer Quality Control Manager Name Tommy Klein Jonathan Klein Tommy Klein Jonathan Klein Percentage of Time Devoted to the Project 50% 100% 100% 100% Proposed for this Project 50% 100% 100% 10000 Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner KCBD Designer Construction Manager Dan Jackson KCBD 806-7614232 djackson@kcbd.com Surety I Suretec ` • o • o m ' o 0 0 0 oo m Number of Issues N/A Total Amount involved in Total N/A Number of Issues N/A Total Amount involved in N/A Resolved Issues Pending Resolved Issues 16 ;hment A Current Projects and Project Completed within the last 10 Years Project Owner I Second Baptist Church Project Name I Second Baptist Church Columbarium General Description of Project: Sitework, concrete, steel, metal roofing, masonry, exterior painting, electrical Project Cost S 169,247 I Date Project Completed In progress Key Project Personnel Project Manager Project Superintendent Safety Officer. Quality Control Manager Name Tommy Klein Eddie Klein Tommy Klein Eddie Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Jon long Architect Condray Design Group 506-748-6190 Jon@condray.com Construction Manager Project Owner I Whiteface CISD Project Name I Whiteface CISD Natatorium Renovations General Description of Project: Natatorium Renovations Project Cost $ 354,170 77777T—Date Project Completed In progress Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mana er Name Jonathan Klein Cory McElwee Jonathan Klein Cory McElwee Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Robert Cameron Architect BGR Architects 806-747-3551 reameron@bgronline.com Construction Manager Project Owner I City of Lubbock Project Name I Firestation #11 Interior Repairs General Description of Project: Interior repairs, Captain's quarters, two bathrooms and observation room Project Cost $43,422 1 Date Project Completed 02/19/2015 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Eddie Klein Tommy Klein Eddie Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Robert Keinast Battalion Chief Lubbock Fire Dept. 806-775-2632 rkeinast@mylubbock.us 19 77 r--- ----, -, r--, r---, ----� Protect intormation Project Owner I Second Baptist Church Project Name Second Baptist Church Columbarium General Description of Project Sitework, concrete, steel, metal roofing, masonry, exterior painting, electrical e • $ud& Histoiy Schedule }?efformance Amount % of Bid Amount Date Days Bid 169,247 Notice to Proceed 11-05-2014 Change Orders Contract Substantial Completion Date at Notice to Proceed N/A Owner Enhancements Contract Final Completion Date at Notice to Proceed N/A Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date - 04-22-2015 Final Cost 169,247 Actual / Estimated Final Completion Date 0 • IN Project Manager Project Sup Safety Officer Quality Control Manager Name Tommy Klein Eddie Tommy Klein Eddie Percentage of Time Devoted -to the Project 25% 10% 100% 100% Proposed for this Project 25% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Jon Long Architect Condray Design Group 806-748-6190 jon@condray.com Sure Number of Issues Total Amount involved in N/A N/A Number of Issues N/A Total Amount involved in N/A Resolved Issues Pending Resolved Issues 16 rro ect intormanon Project Owner I Whiteface CISD Project Name T Whiteface CISD Natatorium Renovations General Description of Project Glazing, doors & hardware, column and door repairs, partition repair, painting, mechanical, electrical, plumbing, pool deck removal, pool deck coating Amount Amount L. Date Days Bid 297,248 Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed 04-24-2015 Owner Enhancements 56,922 16 Contract Final Completion Date at Notice to Proceed 05-04-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 04-24-2015 Final Cost 354,170 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control Manager Name Jonathan Klein Cory McElwe Jonathan Klein Cory McElwee Percentage of Time Devoted to the Project 10% 100% 100% 100% Proposed for this Project 10% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner Whiteface CISD Designer Robert Cameron Architect BGR Architects 806-747-3881 Rcameron@bgronline.com Construction Manager Surety 0 0 o a s o Number of Issues N/A Total Amount involved in N/A Number of Issues Total Amount involved in N/A Resolved Resolved Issues PendingN/A Resolved Issues 16 ---- J ----� rro ect lntormanon Project Owner City of Lubbock Project Name Interior Repairs FS #11 General Description of Project Interior repairs, Captain's quarters, two bathrooms and observation room Amount % of Bid Amount Date Days Bid 43,422 Notice to Proceed 01-07-2015 Change Orders Contract Substantial Completion Date at Notice to Proceed 04-07-2015 Owner Enhancements Contract Final Completion Date at Notice to Proceed 04-17-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date - 02-19-2015 Final Cost 43,422 s • o Actual / Estimated Final Completion Date O7,19-2015 Manager Project Manager Project Sup Safety Officer Quality Control Name Tommy Klein Eddie Klein Tommy Klein Eddie Klein Percentage of Time Devoted to the Project 10% 50% 100% 100% Proposed for this Project 10% 50% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Robert Keinast Battalion Chief Lubbock Fire Dept 806-775-2632 rkeinast@mylubbock.us Surety Number of Issues N/A Total Total Amount involved in N/A Number Number of Issues N/A Total Amount involved in N/A Resolved Issues Resolved Issues 16 t. :hment A Current Projects and Project Completed within the last 10 Years Project Owner I Cityof Lubbock IProject Name Renovate Entrance at Mahon Library General Description of Project: Renovate front entrance to Mahon Library Project Cost $ 76,463 J Date Project Completed In progress Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Eddie Klein Tommy Klein Eddie Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock.us Project Owner I City of Lubbock HR Office Remodel Project Name I HR Office Remodel General Description of Project: Project Cost $ 17,589 Date Project Completed 01/08/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manner Name Tommy Klein Shad Hartman Tommy Klein Shad Hartman Reference Contact Informmation (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-334-5512 runrein@mylubbock.us Project Owner City of Lubbock Project Name I Police Property Room General Description of Project: Fire alarm system, vent hood and floor repair Project Cost $ 42,434 1 Date Project Completed 11/25/2013 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Cory McElwee Shad Hartman Cory McElwee Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock.us 19 Project Information Project Owner City of Lubbock Project Name Renovate Front Entrance at Mahon Library General Description of Project Sitework; concrete work,architectural cast;stone metals Amount % of Bid Amount Date Days Bid 76,463 Notice to Proceed 01-08-2015 120 Change Orders Contract Substantial Completion Date at Notice to Proceed 05-08-2015 Owner Enhancements Contract Final Completion Date at Notice to Proceed 05-18-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Est Substantial Completion Date 05-08-2015 Final Cost 76,463 0 0MENEM= Actual / Estimated Final Completion Date NMI Manager Project Manager Project Sup Safety Officer Quality Control Name Tommy Klein Eddie Tommy Klein Eddie Percentage of Time Devoted to the Project 25% 25% 100% 100% Proposed for this Project 25% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for chanae. Name ' Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock.us Surety I D e o ♦° ° o 0 0 0 0� do. o Number of Issues NIA Total Amount involved in Total N/A Number of issues Total Amount involved in N/A Resolved Issues PendingN/A Resolved Issues 16 rro cct lntormation Project Owner I City of Lubbock Project Name HR Office Remodel General Description of Project HR Office Remodel Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 17,589 Notice to Proceed 12-08-2014 Change Orders Contract Substantial Completion Date at Notice to Proceed 01-09-2015 Owner Enhancements Contract Final Completion Date at Notice to Proceed 01-19-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 01-09-2015 Final Cost 17,589 Actual / Estimated Final Completion Date 01-09-2015 a "ar a Project Manager Project Sup Safety Officer Quality Control Manager Name Tommy Klein Shad Hartman Tommy Klein Shad Hartman Percentage of Time Devoted to the Project 10% 50% 100% 100% Proposed for this Project 10% 50% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock.us Sure Number of Issues Total Amount involved in Resolved N/A Resolved Issues N/A MENaraY Number of Issues PendingN/A Total Amount involved in Resolved Issues N/A 16 r —� Project Information Project Owner City of Lubbock Project Name Land Application Office General Description of Project Asbestos Abatement 0 0 Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 42,434.00 Notice to Proceed 10-15-2013 Change Orders 978.00 Contract Substantial Completion Date at Notice to Proceed 11-25-2013 Owner Enhancements Contract Final Completion Date at Notice to Proceed 11-25-2013 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 11-25-2013 Final Cost 43,412.00 0 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 11-25-2013 Quality Control Manager Name Shad Hartman Cory McElwee Shad Hartman Cory McElwee Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Shad Hartman Cory McElwee Shad Hartman Cory McElwee Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. • e a Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock.us Surety 11101 11=1111 a ® Number of Issues Total Amount involved in Resolved N/A Resolved Issues N/A e Number of Issues Total Amount involved in Pending N/A Resolved Issues N/A 16 f ;hment A Current Projects and Project Completed within the last 10 Years Project Owner Texas Tech University System Project Name Clement Hall-Shower/Toilet Renovations General Description of Project: Asbestos Abatement/Shower/Toilet Renovations Project Cost $1,350,144.00 Date Project Completed 08-19-2013 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Jonathan Klein Shad Hartman Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Darren Densford Engineer TTU Operations Division 806-834-4791 Darren.densford@ttu.edu ow Project Owner I Texas Tech University Project Name I Hulen Hall-Shower/Toilet Renovations General Description of Project:Asbestos Abatement/Shower/Toilet Renovations Project Cost $ 1,114,787.00 Date Project Completed 08-19-2013 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Cory McElwee Shad Hartman Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Darren Densford Engineer TTU Operations Division 806-834-4791 Darren.densford@ttu.edu Project Owner I Texas Tech University System Project Name I Wiggins Hall University Student Housing Office Remodel General Description of Project: Project Cost $1,354,551.00 Date Project Completed 08-21-2013 Key Project Personnel Project Manager Project Superintendent:[Safety Officer Quality Control Manager Name Tommy Klein Jonathan Klein Shad Hartman Tommy Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Stephanie Laughlin Sr. Interior Designer TTU — Student Housing 806-834-1231 Stephanie.laughlin@ttu.edu Construction Manager David Bradshaw Engineer TTU Operations Division 806-834-2239 David.bradshaw@ttu.edu 19 Yro"ect information Project Owner I Texas Tech University System Project Name Clement Hall-Shower/Toilet Renovations General Description of Project Asbestos Abatement, Shower/Toilet Renovations Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 1,363,188.00 Notice to Proceed 05-20-2013 Change Orders -13,044.00 Contract Substantial Completion Date at Notice to Proceed 08-02-2013 Owner Enhancements Contract Final Completion Date at Notice to Proceed 08-12-2013 Unforeseen Conditions Asbestos Abatement Change Order Authorized Substantial Completion Date 08-09-2013 Design Issues Change Order Authorized Final Completion Date 08-19-2013 Total Actual / Estimated Substantial Completion Date 08-09-2013 Final Cost 1,350,144.00 e o Actual / Estimated Final Completion Date 08-19-2013 Quality Control Manager Project Manager Project Sup Safety Officer Name Shad Hartman Jonathan Klein Shad Hartman Jonathan Klein Percentage of Time Devoted to the Project 50% 100% 100% 100% Proposed for this Project 50% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. I Name I Title/ Position 16 E-mail rro ect mtormanon Project Owner I Texas Tech University Project Name Hulen Hall - Shower/Toilet Renovations General Description of Project Renovation of 8 community bathrooms and a private quest bathroom Budget History Schedule Performance Amount % of Amount Bid Date Days Bid 1,114,787.00 Notice to Proceed 05/30/2013 Change Orders o Contract Substantial Completion Date at Notice to Proceed 08/02/2013 Owner Enhancements Contract Final Completion Date at Notice to Proceed 08/12/2013 Unforeseen Conditions Change Order Authorized Substantial Completion Date 08/09/2013 7 Design Issues Change Order Authorized Final Completion Date 08/19/2013 7 Total Actual / Estimated Substantial Completion Date 08/09/2013 Final Cost 1,129,920.00 Actual / Estimated Final Completion Date 08/19/2013 o Project Manager Project Sup Safety Officer Quality Control Manager Name Jonathan Klein Cory Mcelwee Jonathan Klein Cory Mcelwee Percentage of Time Devoted to the Project 50% 100% 50% 100% Proposed for this Project Jonathan Klein Cory Mcelwee Jonathan Klein Cory Mcelwee Did Individual Start and Complete the Project'7 yes yes yes yes If not, who started or completed the project in their place. Reason for change. Q 4 , Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Darren Densford Project Manager Operations Div./Eng Serv. 806-834-4791 darren.densford@ttu.edu Surety Suretec Insurance Comp ny 1 713-812-0800 melliot@suretec.com Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved N/A Resolved Issues N/A Pending WA Resolved Issues N/A 16 rro ect tntormation Project Owner I Texas Tech University System Project Name Wiggins Hall University Student Housing Office Remodel General Description of Project University Student Housing office remodel Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 1,363,898 Notice to Proceed 11-14-2012 Change Orders -9,347 Contract Substantial Completion Date at Notice to Proceed 05-01-2013 Owner Enhancements Contract Final Completion Date at Notice to Proceed 05-11-2013 Unforeseen Conditions Change Order Authorized Substantial Completion Date 06-01-2013 Design Issues Change Order Authorized Final Completion Date 06-11-2013 Total Actual / Estimated Substantial Completion Date 06-01-2013 Final Cost 1,354,551 Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer 0605-2013 Quality Control Manager Name Tommy Klein Jonathan Klein Tommy Klein Jonathan Klein Percentage of Time Devoted to the Project 50% 100% 100% 100% Proposed for this Project 50% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Stephanie Laughlin Sr. Designer TTU — Student Housing 806-834-1231 Darren.densford@ttu.edu Surety I Suretec 0 '• 0 • D 0 0 ® �0. 0 Number of Issues N/`� Total Amount involved in N/A Number of Issues Total Amount involved in N(A Resolved Resolved Issues PendingN/A Resolved Issues 16 /, .;hmenl A Current Projects and Project Completed within the last 10 Years Project Owner I Texas 'Tech University Project Name I Sneed Fall — Construction of 2 restrooms General Description of Project: Demolition and construction of two guest restrooms Project Cost $ 94,060 1 Date Project Completed 01/10/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Jonathan Klein Cory McElwee Jonathan Klein Cory McElwee Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Dale Blevins Project Manager 'Texas Tech Housing 806-834-3462 d.blevins@ttu.edu Project Owner Texas Tech University Project Name Stangel Concrete Dock General Description of Project: Dock Repair Project Cost $ 122,182 Date Project Completed 01/08/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Jonathan Klein Cory McElwee Jonathan Klein Cory McElwee Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager like Glass Project ]Manager Texas Tech Hospitality 806-834-5512 Michael.glass@ttai.edu Project Owner City of Lubbock Project Name I Land Application Office General Description of Project: Asbestos Abatement Project Cost $ 24,219 Date Project Completed 01/03/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Shad Hartman Shad Hartman Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager T.J. Carpenter Project ]Manager City of Lubbock 806-775-3078 tarpenter@mylubbock.us 19 1 Yro ect tntormatton Project Owner I Texas Tech University Project Name Sneed Hall - Construction of 2 restrooms General Description of Project Demolition and construction of two quest restrooms Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 94,060.00 Notice to Proceed 10/09/2013 Change Orders Contract Substantial Completion Date at Notice to Proceed 01/10/2014 Owner Enhancements Contract Final Completion Date at Notice to Proceed 01/10/2014 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 01/10/2014 Final Cost 94,060.00 Actual / Estimated Final Completion Date 01/10/2014 Project Manager Project Sup Safety Officer Quality Control Manager Name Jonathan Klein Cory Mcelwee Jonathan Klein Cory Mcelwee Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Jonathan Klein Cory Mcelwee Jonathan Klein Cory Mcelwee Did Individual Start and Complete the Project? yes yes yes yes If not, who started or completed the project in their place. Reason for chance. Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Dale Blevins Project Manager Housing 806-834-3462 d.blevins@ttu.edu Sure Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved N/A Resolved Issues N/A PendingResolved N/A Issues N/A 16 Project lntormanon Project Owner I Texas Tech University Project Name FStangel - Concrete Dock General Description of Project Stangel - Concrete Dock Repair Budget History Schedule Performance Amount % of Bid Date Days Amount Bid 120,802.00 Notice to Proceed 12/12/2013 Change Orders o Contract Substantial Completion Date at Notice to Proceed 01/08/2014 Owner Enhancements Contract Final Completion Date at Notice to Proceed 01/08/2014 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 01/08/2014 Final Cost 122,182.00 Actual / Estimated Final Completion Date 01/08/2014 Project Manager Project Sup Safety Officer Quality Control Manager Name Jonathan Klein Cory Mcelwee Jonathan Klein Cory Mcelwee Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Jonathan Klein Cory Mcelwee Jonathan Klein Cory Mcelwee Did Individual Start and Complete the Project? yes yes yes yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Mike Glass Project Manager Hospitality 806-834-5512 michael.glass@ttu.edu Surety HCC Insurance Holdings 1 1 713-690-7300 Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved N/A Resolved Issues N/A PendingResolved N/A Issues N/A 16 Proiect Information Project Owner I City of Lubbock Project Name Land Application Office General Description of Project Asbestos Abatement ;I:! sing i liiiiiiiiim e °MEMEMEM Budget History Schedule Performance Amount of Bid Amount Date Days Bid 24,219.00 Notice to Proceed 10-16-2013 Change Orders Contract Substantial Completion Date at Notice to Proceed 01-03-2014 Owner Enhancements Contract Final Completion Date at Notice to Proceed 01-03-2014 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 01-03-2014 Final Cost 24,219.00 .® Actual / Estimated Final Completion Date 01-03-2014 Quality Control Manager Project Manager Project Sup Safety Officer Name Shad Hartman Shad Hartman Shad Hartman Shad Hartman Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Shad Hartman Shad Hartman Shad Hartman Shad Hartman Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. MMMMe�� e e o Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager T.J. Carpenter Project Manager City of Lubbock 806-775-3078 tarpenter@mylubbockus Surety ® ° Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved N/A Resolved Issues N/A PendingN/A Total Issues N/A 16 ;hment A Current Projects and Project Completed within the last 10 Years Project Owner Lubbock Independent School District Project Name I Restroom Renovations at Smylie Wilson Diddle School General Description of Project: Restroom Renovations Project Cost $ 131,601.35 Date Project Completed 08/05/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Shad Hartman Tommy Klein Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Kevin Cockrell Project Manager Lubbock Independent 806-766-1457 School District Project Owner I Texas Tech University Project Name Remodel Study Lounges, Coleman/Chitwood/Weymouth/ keocicrell@lubbocisd.org General Description of Project: Project Cost $ 836,845 Date Project Completed 08/04/2014 Key Project Personnel Project Manager I Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Cory McElwee Shad Hartman Cory McElwee Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Stephanie Laughlin Project Manager Texas Tech University 806-834-1241 Stephanie.laughlin@ttu.edu Project Owner I 'Texas A & M Agrilife Project Name I Restroom Renovations General Description of Project: Remodel existing restrooms to bring them up to ADA standards Project Cost $ 62,509 1 Date Project Completed 05/31/2013 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Shad Hartman Shad Hartman Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Texas A & M Agrilife Designer Construction Manager Mika Wyatt Project ]Manager Texas Agrilife 806-746-6101 ext 4032 mwyatt@ag.tamu.edu T rro ect Lntormation Project Owner I Lubbock Independent School District Project Name Restroom Renovations at Smylie Wilson Middle School General Description of Project Restroom Renovations Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 154,143 Notice to Proceed 05-01-2014 Change Orders -22,542 Contract Substantial Completion Date at Notice to Proceed 08-05-2014 Owner Enhancements Contract Final Completion Date at Notice to Proceed 08-15-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 08-05-2014 Final Cost e 131,601 Actual / Estimated Final Completion Date 08-05-2014 Project Manager Project Sup Safety Officer Quality Control Manager Name Tommy Klein Shad Hartman Tommy Klein Shad Hartman Percentage of Time Devoted to the Project 10% 50% 100% 100% Proposed for this Project 10% 50% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner LISD Designer Construction Manager Kevin Cockrell Project Manager LISD 806-766-1457 kcockrell@lubbocisd.org Surety70; ib u4t @Numberues ResolveN/A Resolved Issues N/A N/A Number of Issues Total Amount involved in Pending N/A Resolved Issues 16 rrqlect intormation Project Owner I Texas Tech University --7 -Project Name Remodel Study Lounges, Coleman/Chitwood/Weymouth General Description of Project Remodel Study Lounges Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 836,845 Notice to Proceed 05-22-2014 Change Orders Contract Substantial Completion Date at Notice to Proceed 08-04-2014 Owner Enhancements Contract Final Completion Date at Notice to Proceed 08-11-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 08-04-2014 Final Cost 836,845 Actual / Estimated Final Completion Date 08-04-2014 Project Manager Project Sup Safety Officer Quality Control Manager Name Shad Hartman Cory McElwee Shad Hartman Cory McElwee Percentage of Time Devoted to the Project 10% 100% 100% 100% Proposed for this Project 10% 50% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for chance. Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Stephanie Laughlin Project Manager Texas Tech University 806-834-1241 Stepli:inie.laughlin@ttu.edu Surety I A RN EM, , NOW Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved NIA Resolved Issues NIA I el N/A NIA Pding Resolved Issues I 16 rro ect rnrormatron Project Owner I Texas A & M Agrilife Research & Extension Center I Project Name Restroom Renovations General Description of Project Remodel of two existing restrooms to bring them up to ADA standards Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 62,509.00 Notice to Proceed 02/26/013 Change Orders o Contract Substantial Completion Date at Notice to Proceed 05/31/2013 Owner Enhancements Contract Final Completion Date at Notice to Proceed 05/31/2013 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 05/31/2013 Final Cost 64,441.00 Actual / Estimated Final Completion Date 05/31/2013 Project Manager Project Sup Safety Officer Quality Control Manager Name Shad Hartman Shad Hartman Shad Hartman Shad Hartman Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Shad Hartman Shad Hartman Shad Hartman Shad Hartman Did Individual Start and Complete the Project? yes yes yes yes If not, who started or completed the project in their place. Reason for change. W i i W W 0 Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Mika Wyatt Project Manager 806-746-6101 ext 4032 mwyatt@ag.tamu.edu Sure Suretec 713-812-0800 1melliot@suretec.com 0 0 0 0 0 W 0 0 0 an W Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved WA Resolved Issues N/A Pending_ N/A Resolved Issues N/A 16 1. Contract Administration Upon being awarded a contract, we meet with subcontractors to go over their portion of the work, sign subcontracts and verify their required paperwork is on file, such as w-9's, certificates of insurances, etc. Once the notice to proceed is issued, we begin ordering materials and compiling any submittals, safety and material data required. A list of all } subcontractors' contact numbers are distributed to all parties involved in the project. Based on subcontractor's bids, a schedule of values is compiled and given to the owner. The office manager generates pay requests on AIA Documents, according to j specifications. All required Davis -Bacon reports are kept on file at our office. Attention is given to respond quickly to any requests from owners. We strive to have no punch 1++ list items, even on large projects. Once the owner and contractor have inspected and_I accepted the project, all close-out documents are completed in a timely manner. 2. Management of Subcontractors and Suppliers We expect and demand high quality workmanship from our subcontractors. In fact, we are driven to excel because of our high expectations. Quality is achieved by working with subcontractors who share our high standards of excellence. Our project manager meets with subcontractors to go over the construction schedule. Work begins upon our notice to proceed. Required paperwork, shop drawings and submittals are checked and delivered. Materials are ordered, subcontractors are-� scheduled and supervised. We believe that our experience and ability to communicate our expectations, along with using the best subcontractors in the area, accounts for the successful completion of all our projects. Subcontractors continue to work with us J because our projects run smoothly. We all work well together and share the same high expectations. Subcontractors are paid promptly within 5 days of receipt of payment from the owner. Another characteristic important to the smooth flow of any project is the quality of supervision. Quality supervision equals quality workmanship. Our supervision is done by individuals that know construction and know it well. Superintendents insure that subcontractors are scheduled properly, materials are ordered in the right quantity, work is done according to plans and specifications and the finished product is of the highest quality. Please see the following page for subcontractor prequalification. 3. Time Management Scheduling is one of the most important aspects in delivering a project in a timely manner. It is one of our greatest strengths. Having been in business here in Lubbock for 29 years, we have worked with and know many subcontractors of all trades in the area. In order to maintain our schedule, we have weekly progress meetings with owners and subcontractors. Because our company continually delivers high quality projects, on time, owners are pleased with the final product. Another characteristic important to the smooth flow of any project is the quality of supervision. Quality supervision equals quality workmanship. Our supervision is done by individuals that know construction and know it well. Superintendents insure that subcontractors are scheduled properly, materials are ordered in the right quantity, work is done according to plans and specifications and the finished product is of the highest quality. 4. Cost Control Over forty years of experience gives us an edge in knowing the cost involved in a project. Should the project involve owner enhancements, unforeseen conditions or design issues, we work with the owner to find the best solution at the lowest cost to the owner. Tommy is ingenious with coming up with solutions to construction problems, which is of great benefit to owners. No am possible, and otherwise to protect persons against those hazards. These job hazard analyses QHAs) are revised as appropriate, for example, following a change in the job, the reappearance of a hazard, or an accident at this job. All employees at this site are trained to recognize hazards and to report any hazard they find to the appropriate person so that the hazard can be corrected as soon as possible. In addition to taking immediate action to report a hazard orally and to provide interim protection, if necessary, including stopping the work causing the hazard, employees may submit a safety work order to the management, or they may submit a safety suggestion form. Safety work orders take priority over any other work order. Safety suggestions will be considered each week during the site inspection by the site inspection team. All employee reports of hazards must be eventually written, with the correction date recorded. As part of the annual safety and health program evaluation, management and employees will review all near misses, first aid incidents, and entries on the OSHA 300 Log, as well as employee reports of hazards, to determine if any pattern exists that can be addressed. The results of this analysis are considered in setting the goal, objectives, and action plans for the next year. Hazard Prevention and Control Management ensures that the this priority is followed to protect persons at this site: (1) Hazards will be eliminated when economically feasible, such as replacing a more hazardous chemical with a less hazardous one; (2) Barriers will protect persons from the hazard, such as machine guards and personal protective equipment (PPE); (3) Exposure to hazards will be controlled through administrative procedures, such as more frequent breaks and job rotation. Management ensures that the worksite and all machinery is cared for properly so that the environment remains safe and healthy. If maintenance needs exceed the capability of the worksite employees, contract employees are hired to do the work and are screened and supervised to ensure they work according to the site's safety and health procedures All employees, including all levels of management, are held accountable for obeying site safety and health rules. The following four step disciplinary policy will be applied to everyone by the appropriate level of supervisor: 1) oral warning 2) written reprimand 3) three day's away from work 4) dismissal. Visitors, including contractors who violate safety and health rules and procedures, will be escorted from the site. Should the disciplined person request a review of the disciplinary action, an ad hoc committee of three people, one project manager and two salaried workers, chosen by their respective colleagues, will review the situation and make a recommendation to the owner, who reserves the right for final decision. If his decision differs from the committee, he may, within confidentially strictures, make public his reasons. Persons needing emergency care are transported by company vehicle or community ambulance to the hospital, located five miles from the site. Usually that trip can be made in less than ten minutes. Onsite during all shifts designated persons fully trained in cardiac pulmonary resuscitation (CPR), first aid, and the requirements of OSHA's Bloodborne Pathogen Standard, are the first responders to any emergency. These persons are trained by qualified Red Cross instructors. One of these designated persons' safety and health responsibilities is to ensure that first aid kits are stocked and readily accessible in the marked locations on the jobsite and at the office/warehouse. Appropriate personal protective equipment (PPE) is provided for the different types of accidents possible at the site. Training Management believes that employee involvement in the site's safety and health program can only be successful when everyone on the site receives sufficient training to understand what their safety and health responsibilities and opportunities are and how to fulfill them. Therefore, training is a high priority to ensure a safe and healthy workplace. Shad Hartman will provide training to employees. The following training will be required of employees. ensuring that he/she masters the year's training topics. quarterly. General Safety and Health Provisions Occupational Health and Environmental Controls Personal Protective and Life Saving Equipment Fire Protection and Prevention Signs, Signals and Barricades Materials Handling, Storage, Use and Disposal Tools — Hand and Power Scaffolds Fall Protection Each employee is responsible for Training will take place f^tr' 7. Managing Changes to the Project All requests for changes will be worked through with the owner to give the best solution at the lowest cost to the owner. We believe that we partner with owners on all our projects. We share the desire to have a project that is completed with quality, that is on schedule, and with a minimal amount of changes to the project. If changes are necessary, we follow the listed methods in the specifications for this project. 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. No extra work will be performed unless ordered in writing by Owner's Representative. Written request is made to the Owner's Representative for a written order authorizing such extra work. 8. Managing Equipment Tommy Klein Construction, Inc. owns equipment and machinery that may be needed to complete work for owners, on jobsites. This equipment includes scissor lifts, a boom lift, and scaffolding for drywall work. Tommy Klein Construction owns a 30' job trailer for use as office area and storage if required on site. A Wells Fargo enclosed trailer is used for moving furniture or other items if needed. Flat bed utility trailers, a 35' goose neck trailer and a 15 yd. dump trailer, are utilized as needed on 1 projects. 9. Meeting HUB/MWBE Participation Goal Tommy Klein Construction, Inc. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. If a HUB subcontractor gives us best -value for owners, we would be happy to use their services. Tommy Klein Construction, Inc. has used the CMBL to search for HUBS many times, as we have bid projects for government entities. We will make our best effort to help agencies meet their goals. Texas Historically.Underutilized Business (HUB) Certificate CertificateNID Number: FileNendor Number: 1752798173600 087183 low Approval Date: 31-JAN-2013 Scheduled Expiration Date: 31-JAN-2017 Statewide Historically Underutilized Business Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that TOMMY KLEIN CONSTRUCTION, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 01-FEB-2013, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Paul Gibson, Statewide HUB Program Manager Texas Procurement and Support Services Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertificateNID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (httpJ/www.window.state.tx.us/procurementfcmbUcmblhub.htmi) or by contacting the HUB Program at 1-888-863-5881 or 512- 463-5872. Rev. 09/12 H Contractor's Subcontractors and Vendors Organization Doing Business As ME 111111;1 Tommy Klein Construction, Inc. ' • o Provide a list of subcontractors that will provide more than 10 percent of the work ased on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm r - Lf, Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above usin the Pro'ect Information Forms. Provide a list of ma'or equipment proposed for use on this project. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUB/M WBE Firm 18 Tommy Klein Construction, Inc. 7312 Upland Avenue Lubbock,TX 79424 (806) 438-8777 (806) 797-2959 Contractor's Statement of Qualifications Proposal Evaluation Information Financial Capability: Tommy Klein Construction is financially capable to undertake this project as determined by our ability to secure bonding on this project. Experience: Our company has been in the business of general construction for twenty-nine years. We have completed our projects successfully to the satisfaction of owners. This is due to the vast knowledge and experience we bring to our projects. Employees are experienced with similar projects as evidenced by past performance. Safety: Safety is one of the most important aspects of any project we are involved in. We follow all OSHA safety standards. Quality of Work: We are committed to the processes involved in managing the best use of time, in scheduling subcontractors. This is one of the keys to our success. Timely completion, along with our commitment to quality work from our subcontractors account for our accomplishments in the construction industry. Our philosophy: Our success is defined by the way we conduct business. Expect the best from our subcontractors and only utilize experienced, well -qualified subcontractors. Don't accept anything less than the best outcome for our customers. Our reputation is based on honesty, integrity, fairness and excellence. Great strength is found in effective communication. Resolve any problems before they can become "bigger" problems. All individuals are treated with respect and every situation is responded to with integrity Each project merits our full attention We are partners with all involved on a project to achieve the highest quality project possible. These principles under which we operate, exemplify our company's commitment to quality. Conformance to Contract Documents: Successful projects require that we conform to the contract documents. Numerous previous projects display our commitment to working with architects, engineers, owners and subcontractors in following the expectations of design construction, as well as the administration of the contract documents. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted with Proposal MaJ I, the undersigned Offeror, certify that the insurance requirements contained in this proposal 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 proposal. t — IV1�. Contractor (Original Signature) %t Y-,n fS �e to Contractor (Print) CONTRACTOR'S BUSINESS NAME: 7-cw y) w [�Ie- n CAnSict. col on L (Print or Type)' CONTRACTOR'S FIRM ADDRESS: (J)CA Y1C1 AU-f'V1LA- e_ U G�h (ocy , 1 P Y,CA 1� 4z4- NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. PROPOSAL 15-12253-MA - Mae Simmons Senior Citizens Center Page Intentionally Left Blank 2 M 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. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO ✓ 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. ✓ � Offeror's Initials QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO 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. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Signature Tres i of en+ Title L tt WORKERS COMPENSATION EXPERIENCE RATING PC!" Risk Name: TOMMY KLEIN CONSTRUCTION INC Risk ID: 420678932 Rating Effective Date: 10/31/2014 Production Data: 07/11/2014 State: TEXAS 42-TEXAS Finn ID: Firm Name: TOMMY KLEIN CONSTRUCTION INC Carrier: 29939 Policy No. 0001196626 Eff Date: 1210412010 Exp Data: 1210412011 Code :ELR ' D Ratio Payroll Expected�Clai = 'Losses Losses iii�OF Act inc Losses Losses 5403 1.98 .21 57,767 1,144 240 5606 .28 .22 104,575 293 64 8809 .07. .20 1 48,897 34 7 8810 .061 .221 15,600 9 2 Policy Total: 226,839 Subject Premium: 9,485 Total Act Inc Losses: 0 42-TEXAS Finn ID: Firm Name: TOMMY KLEIN CONSTRUCTION INC Caffler- 29939 Policy No. 0001196626 Eff Date: 12/04/2011 Exp Date- 12/04/2012 :Code ELW D Roo Po E - —, I I.— �Ex JP OF .Losses 5403 1.98 .21 83,104 1,645 345 5606 .28 .22 74,264 208 46 8810 .06 .22 76,069 46 10 ' IPolicy Total: 23 3,43 � Premium: 11,6591 Total Act Inc Losses: 01 42-TEXAS Finn ID: Firm Name: TOMMY KLEIN CONSTRUCTION INC Carrier: 24570 Policy No. WC00001874 Eff Date: 10/31/2012 Exp Date: 10/31/2013 06def!LR 'J-D. Ratio Payibll` Expected' EAP- A E OF ActPrime L 5403 1 1.981 .21 6,673 132 28 5403 1 1.981 .21 64,960 1,286 270 5606 .28 .22 7,992 22 5 5606 28 .22 77,808 218 48 8810 .06 .22 18,836 11 2 8810 .06 .22 183,377 110 24 Policy Total: 369,64 ubject Sremium: 5,061 Total Act Inc Losses: 0. ® Copyright 1993-2015. All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council an Com pensation n:ationinsurance. Inc. ((NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the priorwritten fNCC1, This product is funilshed •A-t il..As avallabla—VUlth 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 he" expressly disclaIms any and all express, statutory, or Implied warranties, including the implied warranty of memnantavifty, TIMeSs for a particular purpose, acauracy, completeness, currentness, or oorrvcUtess of any information or product funnfthed hereunder. All responsibility for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCI shall not have any 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 Uability Loss & Llmlted Loss Page 2 of 2 WORKERS COMPENSATION EXPERIENCE RATING 11/LC/ Risk Name: TOMMY KLEIN CONSTRUCTION INC Risk ID: 420678932 Rating Effective Data: 10/31/2014 Production Date: 07/11/2014 State: TEXAS ri Exc Losses ITX 1 .081 4,0671 5,1581 1,0911 of 7.5001 01 01 I.081 1 4,0671 5,1581 1,0911 OI 7,5001 OI OI ® Copyright 1993-2015, 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 fuller 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 fumiahed'As Ir Ae avaliaWa' •With all defoW and Includes Information nVQUUWQ at the time of putAleation omy. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutoryor implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of any information or product furnished hereunder. All responsibility for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCI shall not have any liability thereto. Page 1 of 2 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: I Or n m i [I E I .� l 6 o si r 1., c i� l .ciK., 2 Y C- FEDERAL TAX ID or SOCIAL SECURITY No. .. Signature of Company Official: J-/\,aAojn kN,4'� Printed name of company official signing above: �(a �' 1'� 2 I n Date Signed: 04 -30- 201 5 LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. (Ylaffln s C 0,n Lu boc ij- Ly) c; -dl e 0' 3. �a,5 t),rgWend Si�c�X/S�ii•� LKbboc,l� D�i�l�'�� )tn ❑ 4. L1IDU 0— 1++�-tf//�� (iv�y���rS � ❑ n� 6. �/J�IA•P.r)6x_ uIS�Cu 1rlD s ❑ 'per 7. s. arj's 1LA 1.v� �G lfflpcl)c�na ❑ 9. mar/'s PAXYn�,n� l�tr;h��ac I�Umh�n� ❑ � ll. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ a THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: n S Lto C, . (PRINT NAME OF COMPANY 9 PROPOSAL 15-12253-MA - Mae Simmons Senior Citizens Center Po ictJTvMNT REQ UIREMENTS The -below -listed &�' must be receivedwPurc hasing Manager Office i.. . BUSINESS proposals are Not Later Than SEVEN: DAYS after the os&-dAte when ropos s: due: FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank A 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Company Name Location Services Provided �ltfitl}5 i>>.�1r-�rsie L�il�l�.caL rnnf",rp P __Fe�x4s-bno� ` l L )V —y'c'/ TvO- Mf I Dwi� �.a!►%/'Ni`i�r;, rX� cam— P�v ,0�Q1.Vf5 ��. )� a! i t �s�.6i»I�� S 1i A%il�St lltzce- e 1 i tt iri i !' S-61a ir_.SS M122 Pit AMkl)71Cl ( PC.+V 1 c. Z : A PhD. t� i PC f i (,d SUBMITTED BY: r �n rs (UCA�o,-1 ! c- (PRINT NAME OFCOMPANY) Minority Owned Yes No ❑ I -a— ❑ tio' ❑ rY / ❑ CA-- 0 ,s' ❑ Va— ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS 'W DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO PROPOSAL 15-12253-MA - Mae Simmons Senior Citizens Center Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank Bond #1001038893 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(n) OF THE TEXAS GO'VL"RNMENT CODE (CONTRACTS MORE TITAN $509000) KNOW ALL KEN BY TH13SE PRESENTS, that .Tommy. Klein Constrgetlon, Inc, (hereinafter oalled the'Principnl(s), as Prinoipal(s), and Texas Bonding Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obiittee), in the amount of Two Hundred Forty Four Thousand Three Hundred Fifty Five & 001/00 ($244,355.00) iawfut money of the United States for the payment whereot, 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 the28thday of May_, 2015, for', RFP 15-12253-MA - Mae Simmons Senior Citizens 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 tho same extent as if copied at length herein, NOW, THEREPORS, THE CONDITION OF 'PHIS 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 contact, then, this obligation shall be void; otherwise to remain in flrll farce and offect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilitles on this bond shall be determined in accordance with the provisions of said Article to thesamo extent as if it were copied at length herein. IN WITNESS W14F?REOP, the said Principal (s) and Surety (s) have signed and sealed this instrument this 2nd day of June - 2015 Texas Bonding Company Surety *13 1 (Title) Att(Wney-in-fa t Mistie Beck 1 Tommy Klein Construction, inc. (Company Name) (Printed Name) e) r P The undersigned surety oompany represents that it is duly qualified to do business in Texas, and hereby designates Mistie Beck an agent resident in Lubbock County to whom any requisite notices may be delivered and on whoin service orprocess may be had in matters arising outof such suretyship. Texas Bonding Company Surety (Title) Attorney d-fact Mistie Beck Approved as to form: City of Lubbock By: -- Clrney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from tho by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in rack, we must have copy of power of attorney for ou)- files. Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, or Robert G. Kanuth of Rockwall, Texas its true and ltwfitl �ittorney(s)-in-fact; each --in th�Ir separafe capacity if more than one is'named above, with full power and.. authority Flere�y b�nfer>`ed in t(S name, place g irl mead; ttrexetitt�, 4&nowledge and deliver any and -all bonds, recognizanCe�, undertakings t}[eP In 'ti u1<netri�s or contraccv-0-Mretyship-M fricli�e riders, amen merits, and''consen'ts of. surety, providing the .bond penalty does not exceed ***r****************Ten Million*******'********'*** Dollars ($ **10,000,000.00** )• .This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: 82 tt_Resav�d -thate President, any Vice -President,, and Assistant. -Vide -President, any Secretary or a. ny Assistant Secretary shall be and is hereby vested with full p iw ;iiit litho it porn anyone or ri f '!W.1itibie perapna $s Attor ..y(s)-in-Fact to rep nt-10 act for and_on behalf of the Company sublecrto the following �r�visitrns� , = u = ; tarrreey 1rt�F�c1 may bt given full power add; uitlt'orlliyFfor antl'it1 the name ot`8nd•on behilf8-171 N(hoany, tbexe�u2e, acknowledge and deliver, any ah all bands, K " tt?L�8' tatices; contiabta,+,:a eintrits'or indetisnl and other' odndiuonal;or obli ate Lndertakin e, including an and all consents for, the reiease;of retained s ! t :. tY N g g Y peitbi, ages An- or- Taal tlsd wd ofi eiiginee`ring ind construction contracts, antl any and all notices and documents canceling or terminatingthe Company's liability therd-ui der and any such instrumints'so exeouted by -any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary; = tie rt Reti<dlverd that the "signature of any authorizezt oiiicer and seal of the Company here ofore or hereafter affixed to any power of attorney or any certificate eelating tltere[o byacsiinlle, 9nd any power of attorneyar certificate bear►ng facsimile signature or facsimile seal shall be valid and binding upon the Cotispsny With respect to any bond or .undertaking tb which it is attached: IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY _ (,flrirat8 Sys UNITED STATES SURETY COMPANY U.S SPECIALTY INSURANCE COMPANY IInMITrr 00118 nq lt o d�unU III,„ 1nUWnn4pi - +ONOIN(icii.:' -Nt �l lniwo��e..•., _ _ :Q. qPt •8 R f%t+° c� y,t� + o w: ■cn»,me.ii�j8 By: c _�� �' ;z��, �r - ;N;• �,, `S Daniel P. Aguilar, Vice Pres t7�ent - #ni ry u>sir o ther'officer eomplettn thiscertt0eaf enfiftWy. the tdetitity of the individual who signed the = �danuc#n"etor i+hdt df:that do�taleht. State 6f Ci[iiforma `: County bf Los Angeles:: ; SS: Olt this 1st diyof::December, 2014, before.me, lylaria O: Rodriguez -Wong, a -notary public, personally appeared Dan P. Aguilar, Vice President of American Contth'6tOf6' indemnity, Company; Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the bads oFatisfarr evidence -to be the person Whose name is subscribed to the within instrument andacknowledged tome that he executed the same in i 'Wed t ZMiand that by his sign idlii.8' the instrument the person, or the enht�=urn bphalt`of wli c6 fhe=person acted, executed the instrument. _ 01 I De fy utr WPhNAL'PY OF PERJURY undtir the laws'of the State of'California that the-T'oregdhyg` paragr9ph7is true and correct. WITNESS my hand and official seal. - - MARIA G. RODRIGUEZ•YYO Commission N 2049771 Signature (Sea) z i Notary Public • California Los Angeles County COMM.MY EXPINS Dot 20 2017 _ _:. r. lvlrehae" Chalekion'; Assistant Secretary o�J 'can Contractors Indemnity Company, Texas Bonding Company, United Stales Surety Company and U;S: Specialty. Insurance Cotppany, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies which.is still in full force and affect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are m,\ full force and effect..hC1 In t l OME I have h euntci s sirty-hand a�id:.a xed the seals`l aid=Compames of T,os Angeles, California this day _ iff _ _ - -: =. Ld nDA Texas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE 1. To obtain information or make a complaint: 2. You may contact your agent. 3. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 4, You may also write to the company at: 601 S. Figueroa Street, Suite 1600 Los Angeles, CA 90017 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance at: Consumer Protection (1 11-1 A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsurnerProtection@tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO ]IMPORTANTE Para obte:ner information o para someter una queja: Puede comunicarse con su agente. Usted puede Ilamar at numero de telefono gratis de la compania's para information o para someter una queja at: 1-800-486-6695 Usted tarnbien puede escribir a la compatiia: 601 S. Figueroa Street, Suite 1600 Los Angeles, CA 90017 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 Puede escribir at Departamento de Seguros de Texas at: Consumer Protection (I I I -1 A) P.O. Box 149091 Austin, TX 78714-9091 Fax No. (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de information y no se convierte en parte o condition del documento adjunto. HCCSTXM000 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 Tommy Klein Construction, 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 FORTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS ($244,355) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28"' day of May, 2015, for RFP 15-12253-MA, Mae Simmons Senior Citizens 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 2015. Surety (Company Name) *By: By: (Title) (Printed Name) (Signature) (Title) 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 s rvice 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 ompany there must be on file a certified extract from the by-laws showing that this person has authority to sign such obl ation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 7 No Text Page Intentionally Left Blank Bond # 1001038893 STATUTORY PERIt'ORMANCET BOND PURSUANT TO SECTION 22-53.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THES15 PRESENTS, that. Tommy Klein Construction, Inc. (hereinafter called the Principal(s), as Principal(s), and Texas Bonding Company (lteroinafter called the Surety(s), as Surety(s), are held and firmiv bound unto the City of Lubbock (hereinafter called the Obligee), in the Amount of Two Hundred Forty Four Thousand Three Hundred Fifty Five & 00/100 ($244,355.00 ) 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 c6tract with the Obligee, dated the28thday of May ', 2015, to ,_,_ ' RFP 15-12253-MA - Mae Simmons Senior Citizens 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 contracl is hereby reforred to and made a pact hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION ON THIS OBLIGATION 1S 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 ail 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 WFIERSOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 22nd day of June 2015 Texas Bonding Company Tommy Klein Construction, Inc. Surety (Title) Attorney -in -fact Mistie Beck (Company Name) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Mistie Beck 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 surotyship. Texas Bonding Company, Surety (Title)Attornev-in fact Mistie Beck Ap proved as to Fortin City of Lubbock 13y: My Attorney * Note; If signed by an officer of the Surety Company, there must be on file a certified "vaot 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. No Text 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 Tommy Klein Construction, 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 FORTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS ($244,355) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 281h day of May, 2015, for RFP 15-12253-MA, Mae Simmons Senior Citizens 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 )2015. Surety (Company Name) M (Title) 1 By: (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby desig ates an agent resident in Lubbock County to whom any requisite notices may be deli eyed 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 Sur ty 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. 0 CERTIFICATE OF INSURANCE Page Intentionally Left Blank �`� E® CERTIFICATE OF LIABILITY INSURANCE 6/22/22015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the, certificate holder in lieu of such endorsement(s). PRODUCER White Hills Plaza, Inc. DBA K&S Insurance 2255 Ridge Road, Ste. 333 P. O. Box 277 Rockwall TX 75087 CONMTAE: T Janet Treece PHONE (972)772-7258 aC No (972)771-4695 ADDRESS: ;jtreece@kandsins.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:FCCI Insurance Co. INSURED Tommy Klein Construction, Inc. 7312 Upland Ave Lubbock TX 79424 INSURER National Trust Insurance Co. INSURER CFederal Insurance Company 0281 INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 Std w/ $2MM UMB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MW POLICY EXP M LIMITS GENERAL LIABILITY CPPOO15426 0/31/2014 0/31/2015 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY dditional Insured: AMA R N E PREMISE Ea occurrence 100 $ 100,000 A CLAIMS -MADE Fx] OCCUR CGLO84 10/13 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GLO88 10/13 GENERAL AGGREGATE $ 2,000,000 giver of Subrogation: GEN'LAGGREGATE LIMIT APPLIESPER: PRODUCTS -COMP/OPAGG $ 2,000,000 GLO88 10/13 $ POLICY X PRO- LOCI AUTOMOBILE LIABILITY Ea accIdentSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO 0022515 0/31/2014 0/31/2015 A BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS hdditional Insured 6 PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS Waiver of Subrogation: Uninsured motorist combined $ 1,000,000 v 058 12/09 X UMBRELLA UAB OCCUR EACH OCCURRENCE $ 2,000,000 _ AGGREGATE $ 2,000,000 B EXCESS LIAB CLAIMS -MADE 0015380 /11/2015 0/31/2015 DED I X I RETENTION $ 10 , 00 $ A WORKERS COMPENSATION X WC TATU- OTH- AND EMPL YER ' LIABIL ANY PROPRIETOR/PARTNERIEXECUTIVE Y❑ C00001874 0/31/2014 0/31/2015 E.L. EACH AC ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA iver of Subrogation: g E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below rc42 0304E STD 06/14 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Contractors Equipment 45466777 0/31/2014 0/31/2015 Rented2eased $200,000 C Install/Builders Risk 6694876 0/31/2014 0/31/2015 Single Location $1,500 000 ' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) RE: RFP 15-12253-MA Mae Simmons Senior Citizens Center See above listing of additional insured and waiver of subrogation endorsement forms. City of Lubbock Texas 1625 13th Street Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Thompson/JANET ACORD 25 (2010106) ©1988-2010 ACORD CORPORATION. All rights reserved. IN3025 Mninnni m Tho ar`non n2mn 2nri Inn^ nrn runic♦nrnri martre of annio 1 CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this comnanv, the further hereinafter described. Excentions to standard Dolicv 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 S Owner's & Contractors Protective Each Occurrence S ❑ Fire Damage (Any one Fire) S 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 S Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident S Other than Auto Only: Each Accident S Aggregate S BUILDER'S RISK 100% of the Total Contract Price $ INSTALLATIONFLOATER S EXCESS LIABILITY Umbrella Form Each Occurrence S Aggregate $ Other Than Umbrella Form S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Officers are: Disease Policy Limit S Disease -Each Employee S 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. r FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: t ' Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of 1... coverage ends during the duration of the project; a (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 1- 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, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 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 i p g p p j g Y 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. Page Intentionally Left Blank CONTRACT Page Intentionally Left Blank CONTRACT 12253 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28`h day of May, 2015 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 Tommy Klein Construction, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: PROPOSAL 15-12253-MA - Mae Simmons Senior Citizens 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. Tommy Klein Construction, Inc.'s proposal dated April 30th, 2015 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Tommy Klein Construction, Inc. By: � t� N E: - I-e ►.� COMPLETE ADDRESS: Company Address City, State, Zip ATTEST: Corporate Secretary C- OVED A O CON NT- Wesley verett, Director & Facilities Management Mark YQarwoodJ Assistat&City Manager, Chief Information Officer APPROVED AS TO FORM: Aft�y Lau a Pratt, Assistant City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Pate Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Wesley Everett, Director of Facilities Management, 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. 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 Freese and Nichols, Inc., so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. 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 i 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. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the �.._ Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The 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 5 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 workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the fonn 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 terns 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 seven (7) 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 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the i- 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 CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE �x ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $1,000,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. $300,000 E. Umbrella Liability Insurance. DELETED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least STATUTORY AMOUNTS Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 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 i-- 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 i report lack of coverage. E._ 9 t t 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. F. 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 10 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 11 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, EF 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 $150 (ONE HUNDRED AND i. FIFTY) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth 1 for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 14 contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (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. 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 workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY 15 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. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. 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 16 Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to 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 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (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. 17 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 men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety 18 shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. 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. 19 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 j( 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 I 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. 20 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 1- 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. 21 Pate Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS Page Intentionally Left Blank EXHIBIT A General Decision Number: TX150334 01/02/2015 TX334 Superseded General Decision Number: TX20140334 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER ......................$ 23.14 21.55 ---------------------------------------------------------------- CARP0665-001 05/01/2014 �- Rates Fringes CARPENTER ........................$ 20.81 6.76 ---------------------------------------------------------------- ELEC0602-008 09/01/2014 Rates Fringes ELECTRICIAN ......................$ 20.84 3%+8.15 ---------------------------------------------------------------- ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane .............$ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under ..............$ 27.50 10.60 ---------------------------------------------------------------- IRON0084-011 06/15/2014 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 22.02 6.35 ---------------------------------------------------------------- IRON0263-003 12/01/2013 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 22.70 5.35 ---------------------------------------------------------------- PLUM0404-026 07/01/2013 Rates Fringes PIPEFITTER .......................$ 22.80 7.16 PLUMBER ..........................$ 22.80 7.16 ---------------------------------------------------------------- SHEE0049-001 06/01/2014 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) ...............$ 22.49 11.14 ---------------------------------------------------------------- SUTX2014-060 07/21/2014 Rates Fringes BRICKLAYER .......................$ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ...............$ 19.77 7.13 IRONWORKER, REINFORCING .......... $ 12.27 0.00 LABORER: Common or General ...... $ 12.35 0.00 LABORER: Mason Tender - Brick ... $ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff........... $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 0.00 OPERATOR: Bulldozer .............$ 18.29 1.31 OPERATOR: Drill .................$ 16.22 0.34 OPERATOR: Forklift ..............$ 14.83 0.00 OPERATOR: Grader/Blade .......... $ 13.37 0.00 OPERATOR: Loader ................$ 13.55 0.94 OPERATOR: Mechanic ..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 0.00 PAINTER (Brush, Roller, and Spray) ...........................$ 14.27 0.00 ROOFER ...........................$ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER ....................$ 11.22 0.00 TILE SETTER ......................$ 14.00 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12.50 0.00 TRUCK DRIVER: Water Truck ....... ---------------------------------------------------------------- $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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: y{ 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 Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS Page Intentionally Left Blank CITY OF LUBBOCK MAE SIMMONS SENIOR CENTER RENOVATIONS 2004 OAK AVE. 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TX 79401 5809 110TH STREET 5501 SPUR 327, LUBBOCK, 806,748.6190 LUBBOCK, TEXAS 79424 SET NLWB i TX 79424 (806) 687-9999 v ,condroy.com FIRM REGISTRATION F-1304 CDO DAM NO.oa/W2o�ts WE PLAN GENERAL NOTES ° � `imc �n`nmv1°a° aaio �c �A Q� Ati� iwar � �oa�me�lq u eS1aG1Mt xPmurna[�w OL9Sldl42 * a�wsrAn�u•ryt. vvai aw�.w�ixi�r�rxxt `m�oa¢ino�,uo ��'`i m�ir.ac A swt er 24$?i •. ra•VEORALL EXb' M SRE FLAW svm rpp•a/�U ', �^���.,,r.«� ,�.. �,..._ ti .,.�.».... r^�.�-,� p^^-.mow ,gym,.-•� ��"�, ,� ,�.-.. a ...�...„� ,„,+w,.�,: ,....� „,„,- � -„9 r^�^ ,:.�::-;„� 1 � \x L M"- "VEIL LIL C'T-��•h ol i rc / II i I 1 i L A, U.. i ♦ ♦ lai i ♦` a. � A I I ♦ � • � 1 1 1 t 1 i� i i 1 1� I IA � ��� ;""(, ��` 1 I I l i i i / /ya. 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Q �imc'mimic'al x4N am law w N.mm wn> Q rmR.emw Rxwx Q Nl1' R IAxR9 /A+M[ 1 AMSSAm[ i4RK p oA(¢mr rAaom SNxG A[,Or N o pp xararro.RRrt xtmRn,mu Noy/a p Nl mm¢x rRNLT•/N a%9.N RnR ARf ASTt A fyM Q w'MII4Hr s/A¢ p eNlAeaRamr. 3 Q Mu�xmw�liva �aox2 n.RxK Nrr� � _ o; Q rA/u m.aaR me wxlNrm RM c(aar. 8 aAM➢aM © ��INAxS�NSPK Ey M �M Rl ]9L .arC AR xM 044TS.04m NCYS,M �� gqa �[ (i ® IAm/an¢a /AMNIYIp a1 g ©uP xD SW/fmlK UR xO IOR[p4NlR. �aIE.`II. LEGEND Ayp,napc (anlW 1� vs mrnrwRx z O �O Afxavf WwiO+ -"go a:u.R.r N > �� O a a^ Y R: a o m w J U N0 J )09 F N U SP3 1 RJ I/Y - r.)�• t r r yI• 4y SITE PLAN GENERAL NOTES a�eai� ro uv�t q:I wiw:n m.vn) "nr a"°aslldi n U L'JY.{A✓✓CI91'PI[YpIMt . x AwulrMwrxt )q) pWl I['rAVN[Nb MY MIIpQb! ww¢p KEYED NOTES Q WYLK /M I.,b WY 9(Af NYMI Q pMin'NIW IM SII wY YMt Q tNT w¢ANf pla)p gle)M Q [MRR0C Nbl gY)/1P4 Q )AMP NAtIN'GOIUIII pi Mb MM I)xpt Q INi &Y� /pppro'6 [YI)M It10a.11Tw sniry Ib x+M tn• Me. 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