HomeMy WebLinkAboutResolution - 2011-R0182 - Contract - John A. Walker Roofing Co. Inc.- LPSIA, Sealant Work - 04_28_2011Resolution No. 2011-RO182
April 28, 2011
Item No. 5.19
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. 10000 for exterior
remedial sealant work at the Lubbock Preston Smith International Airport per Buy Board
244-06, by and between the City of Lubbock and John A. Walker Roofing Co., Inc. of
Texas City, 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
II minutes of the City Council.
Passed by the City Council on April 28, 2011
ATTEST:
TOM MARTIN, MAYOR
Reb cca Garza, City Secret
APPROVED AS TO CONTENT:
Loomis, Director of Aviation
APPROVED AS TO F
sistant City Attorney
vwxcdocs/RES.Contract-John A. Walker Roofing Co., Inc.
April 13, 2011
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE BY:
CONTRACT AWARD DATE: April 28, 2011
CITY OF LUBBOCK
SPECIFICATIONS FOR
PRESTON SMITH INERNATIONAL AIRPORT BUILDING
PROJECT
RFP 11-10000-MA
CONTRACT # 10000
BUYBOARD CONTRACT NO.244-06
CITY OF LUBBOCK
Lubbock, Texas
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1
ADDENDUMS
Pate Intentionally Left Blank
BID No. 11-10000-MA
DATE ISSUED:
PROPOSALS DUE:
ADDENDUM # I
PRESTON SMITH INERNATIONAL
AIRPORT BUILDING PROJECT
RFP 11-10000-MA
March 30, 2011
APRIL 4, 2011 @ 10:00 A.M.
The following items take precedence over specifications for the above named Request for Proposals
(RFP). Where any item called for in the RFP documents is supplemented here, the original requirements,
not affected by this addendum, shall remain in effect.
OFFERORS are invited to review the following:
1. REVISED — Proposal Submittal Form
All r�q ests oar addat o al id 4i 011,1W su� t i� v�xfiu� �' dp eCtec� to
Marta Alvarez, Director of Purchasing and Contract Management,
City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806)775-3326 or Email to malvarez r@xnvlubbock.us
I:iYsli�
CITY OF LUBBOCK
Marta Alvarez
Director of Purchasing and Contract
Management
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the We
ror's responsibility to advise
The and Contract Management if any langgage, reavj== etc..
reacts or limits the requirements stated in this BID to a singe source. Such notification must be submitted in writing and must be received
by the Director of Purchasing and Contract Management no later than five (5) business days prior to the bid close date. A review of such
notifications will be made.
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0 Page 2
REVISED
PROPOSAL SUBMITTAL FORM
PROPOSAL CONTRACT
DATE:
March 30, 2011
PROJECT NUMBER: 11-10000-MA "PRESTON SMITH INERNATIONAL AIRPORT BUILDING
PROJECT"
Proposal of (hereinafter called
Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a Preston Smith International
Airport Building Project having carefully examined the plans, specifications, instructions to offerors, notice to
offerors and all other related contract documents and the site of the intended work, and being familiar with all of
the conditions surrounding the construction of the intended project including the availability of materials and labor,
hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the
plans, specifications and contract documents, within the time set forth therein and at the price stated below. The
price to cover all expenses incurred in performing the work required under the contract documents.
ITEM
NO.
DESCRIPTION
LUMP SUM
A. Window Systems:
$
` 1
1. Remove and reinstall new sealant at precast joints throughout facility.
2. Remove and reinstall new sealant at all window perimeters throughout
facility.
3. Remove all gaskets and wet glaze all window systems throughout the
facility.
4. Remove and reinstall new sealant at glass to glass joints.
B. Roof Systems:
1. Remove and replace all pitch pans. New pitch pans will be fabricated from
stainless steel and filled with Coal Tar Urethane Sealant.
2. Reseal all open laps on the base flashing systems.
3. Reseal and repair all drain locations as well as all scupper locations.
4. Repair all blistering that is exhibited throughout the roofing membrane.
5. Repair all areas in modified membrane where granular surfacing is missing.
6. Install new grease resistant roof membrane.
7. Install new self -adhering membrane and prefinished metal sills on the south
elevation where shown on the drawings.
LUMP SUM TOTAL
$
• Page 3
March 30, 2011
"A
I.
ITEM
NO.
DESCRIPTION
UNIT
UNIT PRICE
1
Insulated Tempered Tinted with Special Coating
1"
2
Tempered Tinted With Special Coating
%"
3
Insulated Tempered Tinted
1"
4
Insulated Tinted
1"
5
Tempered Tinted
y"
6
Tinted
1/"
7
Spandrel
/"
8
Tempered Tinted With Special Coating
3/8"
9
Tinted With Special Coating
1 /25v
10
Laminated Sound Control
9/32"
ALTERNATIVES
ITEM
NO.
DESCRIPTION
DEDUCT
ATL 1
Provide cost as a deduct to Window System Work per Section 01010-Summer of Work
$-
1.01, A. at the following Exterior Elevation locations:
0I/A201 East (to left) of Mark I/A including 04/A206 and 05/A206.
01/A203 East (to right) of Mark 2/E including 07/A206, 08/A206, 09/A206,
10/A206 and 11/A206.
0l/A205 North to ri t of Mark 2D including 06/A206 and 11/A207.
An 2
Provide cost as a deduct to delete Window System work per specification Section
-
01010 - Summary of Work, 1.01, A. at the following Exterior Elevation locations:
02/A202 South (to right) of Mark 16/A including 02/A206.
02/A204 South (to leis) of Mark 151E including 08/A207 and 09/A207.
02/A205 West to left of Mark 2/1) including 01/A206 and 10/A207.
Offeror's Initials
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 ( 90 ) Days Completed by Contractor
( NINETY ) Written Days Completed by Contractor CONSECUTIVE
CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further
agrees to pay to Owner as liquidated damages the sum of $25 (TWEDUY-FIVE) 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 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 s&ti y (6,0) 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
0 Page 4 March 30, 2011
further agrees to commence work on the date specified in the written notice to proceed, and to substantially
complete the work on which he has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice
of award of the contract to him.
Offeror's
Initials
Pug& XgLentionaHY Left Blank
City of Lubbock, TX
Purchasing and Contract Management
Contractor Checklist for
Before submitting your bid, please ensure you have completed and included the following documents in the
order the}rare listed. The contractor is only to submit (1) one original copy of every item listed.
1. Carefully read and understand the plans and specificaticros 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 acceptauEe of his bid to execute a contract and any required bonds, according to
the accompanying forms, for perforating and completing the said work within the time
stated and for the prices stated below. include fumes FEDERAL TAX ID number or Owner's
SOCIAL SECUI 11Y number.
2.. Complete and sign the. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
l� �
This must include the signature of the agent or broker. Contractor's signature must be original.
3. Clearly mark the bid number, title, due date and time and your company name and address on the
outside of the envelope or container.
4. 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.
5. / Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be
explained in detail and submitted with Bid.
& Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Incdude fvm's
FEDERAL TAX LD number or Owner's SOCIAL SECURITY number.
7. Complete and submit the LIST OF SUB -CONTRACTORS.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING
DEEMED NON -RESPONSIVE AND, TE ERFRORE, NOT FURTHER EVALUATED. PLEASE
INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL..
PCOEM(a-
orype or Prep# Compmy Ne)
Paee Intentionally Left Blank
NOTICE TO OFFERORS
Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of
Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City
Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 10:00 A.M. on MARCH 30, 2011or 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:
"PRESTON SMITH INERNATIONAL AIRPORT BUILDING PROJECT'
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 be in a form accepted k the GLq Attorney and must be 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 Offeror. 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 Offeror
regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such
factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There
will be a non -mandatory pre -proposal conference on March 28, 2011 at 11:00 a.m.. in the Blue Room 2nd
Floor, at Lubbock Preston Smith International Airport, Lubbock. Texas. All persons attending the
conference will be asked to identify themselves and the prospective bidder they represent.
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
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.
I
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,
.T/iarta ..ACvareZ
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
GENERAL INSTRUCTIONS TO OFFERORS
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GENERAL INSTRUCTIONS TO OFFERORS
1 PROPOSAL DELIVERY, TIME & DATE
The City of Lubbock is seeking written and sealed competitive proposals to furnish PRESTON SMITH
INERNATIONAL AIRPORT BUILDING PROJECT per the attached specifications and contract
documents. Sealed proposals will be received no later than March 30, 2011610:00 A.M. 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 11-10000-MA - PRESTON SMITH
INERNATIONAL AIRPORT BUILDING PROJECT 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 and
Contract Management 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 dale and time for opening proposals
through an addendum.
2 PRE -PROPOSAL MEETING
2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing
addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non-
mandato re- ro osal conference will be held at 11:00 a.m. March 28 2011 in the Blue
Room, 2nd Floor, at Lubbock Preston Smith International Airport LubbockTexas.
Lubbock._ Texas. All persons attending the meeting will be asked to identify themselves and the
prospective proposer they represent.
2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not
mandatory. The City will not be responsible for providing information discussed at the pre -
proposal meeting to offerors who do not attend the pre -proposal meeting. ADDENDA &
MODIFICATIONS
2.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of
Lubbock shall not be legally bound by any explanation or interpretation that is not in writing.
Only information supplied by the City of Lubbock Purchasing and Contract Management Office
in writing or in this RFP should be used in preparing proposal responses. All contacts that a
s proposer may have had before or after receipt of this RFP with any individuals, employees, or
representatives of the City and any information that may have been read in any news media or
seen or heard in any communication facility regarding this proposal should be disregarded in
preparing responses.
2.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
1
3
El
5
0
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
3.1 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.
3.2 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.
3.3 Notices of any discrepancies or omissions in these plans, specifications, or contract
documents, shall be given to the Director of Purchasing and Contract Management and a
clarification obtained before the proposals are received, and if no such notice is received by
the Director of Purchasing and Contract Management prior to the opening of proposals,
then it shall be deemed that the 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 Director of Purchasing and
Contract Management before offering of any discrepancies or omissions, then it shall be
deemed for all purposes that the plans and specifications are sufficient and adequate for
completion of the project. It is further agreed that any request for clarWcation must be
submitted immediately prior to opening of proposals.
PROPOSAL PREPARATION COSTS
4.1 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.
4.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any
services or equipment.
4.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer.
TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC
INFORMATION ACT
5.1 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.
5.2 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)
5.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the
Texas Open Records Act.
LICENSES, PERMITS.. TAXES
s
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.
i. J
S 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
proposals. It shall be the offerors responsibility to advise the Director of Purchasing and
Contract Management if any language, requirements, etc., or any combinations thereof,
inadvertently restricts or limits the re uirements stated in this RFP to a singJe source. Such
notification must be submitted in writing and must be received by the City Purchasing and
Contract Management Office no later than seven (7) calendar days before the proposal closing
date. A review of such notifications will be made.
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 90
(NINETY) 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
improvements contemplated by the contract documents have been paid in full and that there are no
claims pending, of which the Contractor has been notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and
grade will be famished. The fact that the specifications may fail to be sufficiently complete in some
detail will not relieve the Contractor of full responsibility for providing materials of high quality and for
protecting them adequately until incorporated into the project. The presence or absence of a
representative of the City on the site will not relieve the Contractor of full responsibility of complying
with this provision. The specifications for materials and methods set forth in the contract documents
provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory
project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed
against defective materials and workmanship. Prior to final acceptance, the Contractor shall
furnish .to the Owner, a written general guarantee which shall provide that the Contractor shall
remedy any defects in the work, and pay for any and all damages of any nature whatsoever
resulting in such defects, when such defects appear within 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 -1
order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its
sub -contractor or any third party involved in the creation or development of the products and
services to be delivered to the City of Lubbock under this Contract. Failure to comply with any
of the obligations contained herein, may result in the City of Lubbock availing itself of any of its
rights under the law and under this Contract including, but not limited to, its right pertaining to
termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in
this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation to the Contractor's liability which may be specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to 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
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.
g (c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is .issued by an organization which qualifies for exemption provisions pursuant to
provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to
buy the materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents
in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility
lines, conduits or other underground structures which might or could be damaged by Contractor during
the construction of the project contemplated by these contract documents. The City of Lubbock agrees
that it will furnish Contractor the location of all such underground lines and utilities of which it has
knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned.
All such underground lines or structures, both known and unknown, cut or damaged by Contractor
during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's
expense.
22 BARRICADES AND SAFETY MEASURES
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.
j[F
1, „
23 EXPLOSIVES
23.1 The use of explosives will not be permitted
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful proposer shall be required to furnish
the name, address and telephone number where such local representative may be reached during the time
that the work contemplated by this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance
as required in the General Conditions of the contract documents, from an underwriter authorized
to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be
furnished to the City and written notice of cancellation or any material change will be provided
ten (10) days in advance of cancellation or change. All policies shall contain an agreement on
the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at
his sole cost and expense through the life of this contract, insurance protection as hereinafter
specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance
shall be carried with an insurance company authorized to transact business in the State of Texas
and shall cover all operations in connection with this contract, whether performed by the
Contractor or a subcontractor, or separate policies shall be provided covering the operation of
each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
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
t
necessary service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the penalty provisions of the contract and Contractor can show
he has made a diligent effort to complete the contract within the allotted time.
-
26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to
the weekend or holiday he desires to do work and obtain written permission from the Owner's
Representative to do such work. The final decision on whether to allow construction work
requiring an inspector on Sundays or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being
done under this contract which is hazardous or dangerous to property or life, the Contractor shall
immediately commence work, regardless of the day of the week or the time of day, to correct or
alleviate such condition so that it is no longer dangerous to property or life.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
shall keep a record showing the name and occupation of each worker employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to
each worker. This record shall be open at all reasonable hours to inspection by the officers and
agents of the City. The Contractor must classify employees according to one of the classifications set
forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the
contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf
this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar
day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included
in these contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
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 farm 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
bidder shall submit his bid on forms furnished by the City, and all blank spaces in the 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 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
g price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE
MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
30
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.
�) 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.
31 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 famish 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 f
specified, without delay or interference. d
(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 r
(g) Past experience with the Owner
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list
of ALL similar municipal and similar non -municipal current and completed projects for the past five (5)
years for review. This list shall include the names of supervisors and type of equipment used to perform
work on these projects. In addition, the Contractor may be required to provide the name(s) of
supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock
specifications herein.
32 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, 30% for Contractor
Qualifications, 5% for Safety Record, and 5% 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 25% 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 5% 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,
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 $375,000
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 may be rejected if it shows
omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu
of the items specified, if the unit prices are obviously unbalanced (either in excess of or below
reasonably expected values), or irregularities of any kind "
34. ANTI -LOBBYING PROVISION '
3
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
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:
ft://www.gpo.izov/davisbacon/allstates.html
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
Page Intentionally Left Blank
I
• Page 2
REVISED
PROPOSAL SUBMrffAL FORM
PROPOSAL CONTRACT
DATE: 9 - V 9 — 1
March 30, 2011
PROJECT NUMBER: I I-10000-MA "PRESTON SMITH INERNATIONAL AIRPORT BUILDING
PROJECT"
Proposal ofC�l�t ra�anr---�'W-(s (hereinafter called
Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a Preston Smith International
Airport Building Project having carefully examined the plans, specifications, instructions to offerors, notice to
offerors.and all other related contract documents and the site of the intended work, and being familiar with all of
the conditions surrounding the construction of the intended project including the availability of materials and labor*
hereby intends to furnish all labor, materials, and supplies-, and to construct the project in accordance with the
plans, specifications and contract documents, within the time set forth therein and at the price stated below. The
price to cover all expenses incurred in performing the work required under the contract documents.
ITEM
NO,
DESCRIPTION
LUMP SUM
A. Window Systems:
t
1. Remove and reinstall new sealant at precasttoints throughout facility.
2. Remove and reinstall new sealant at all window perimeters throughout
facility.
3. Remove all gaskets and wet glaze all window systerns throughout the
facility.
4. Remove and reinstall new sealant at glass to glass joints.
B. Roof Systems:
I. Remove and replace all pitch pans. New pitch pans will be fabricated from
stainless steel and filled with Coal "Tar Urethane Sealant:
2. Reseal all open laps on the base flashing systems.
3. Reseal and repair all drain locations as well as all scupper locations.
4. Repair all blistering that is exhibited throughout the roofing membrane.
>. Repair all areas in modified membrane where granular surfacing is missing.
G. Install new grease resistant roof membrane.
7. Install new self -adhering membrane and prefrnished metal sills on the south
elevation where shown on the drawing-YY
_
LUMP SUMS TOTAL
f
$372,000
. Page 3 March 30, 2011 ..
ITEM
NO.
DESCRIPTION
UNIT
UNIT PRICE
I
insulated Tempered Tinted with Special Coating
I"
2
Temp Tinted With Special Coating
'A"
3
Insulated Tempered Tinted
I»
i
Insulated Ting
I ^
5
Tempered Tinted
yr"
6
Tinted
7
Spandrel
=�4"
8
Tempered Tinted With Special Coating
9
Tinted With Spn:iat Coating
I�ry�,S
to
Laminated 5aund Control
9/32!!
ALTERNATIVES
ITEM
NO.
DESCRIPTION
DEDUCT
ATL I
Provide cost as a deduct to Window System Wodc per Section 01010-Summer of Work
S-
1.01, A. at the following Exterior Elevation locations:
Ol/A201 East (ta left) of Mark I/A including 04/A206 and 05/A206.
OlIA203 Fast (to right) of Mark 2!E including 07/A206, 08/A206, 09/A206,
-
1OIA206 and I I/A206.
OIIA20S North to ri of Mark 2D including 06/A206 and I I/A207.
ATE 2
Provide cost as a deduct to delete Window System work per specification Section
�-
01010 - Summary of Work, 1.01, A. at the following Exterior Elevation locations:
02/A202 South (to right) of Marls 16/A including 02/A206.
- �� , tr. 00
02/A204 South (to left) of Mark I S/E including 08IA207 and 09/A207.
02IA205 West to left of Mark 2/13 including 01/A206 and I O/A207.
Q 6. Offeror's Initials
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 ( 90 1 Days Comoleted by Coptlrtor
( NINETY _ _ ) Written Days Cemnleted by Contractor CONSECUTIVE
CALENDAR theremfier as stipulated in the specifications and other contract documents. Offeror hereby (further
agrees to pay to Owner as liquidated damages the sum of S25 (TWENTY-FIVE) 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 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 silty (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 sari contract documents pertaining to the work covered by this proposal, and he
l • Page 4
March 30, 2011
further agv!es to COMmence work on the date specified in the written notice to proceed, and to smelly
campk*e the rwnrk on which he has proposed~ as provided in the conirart docurnents.
Ofirrum arc required, Whether or rat a payment or pm*am aoe bond is ra*red, to submit a anhices
elteck or certified check issued by a bark saiisfadory to the City of L bbock, or a proposal bond frarn a reliable
SUMV company, payable without recorusc to the order of the City of Lubbock in as amount not kw than five
Pcnx t (5%) of the total amount of the proposal submitted as a guarantee that offerar will cow inw a o ntred,
obtain all required insurance policies, and :acute alf nexssary bonds (if rewired) within tar (10) days dter rotke
ofaward of the oonirart to him.
Initials
Q.-!a . Offixws
EvelooW wish tltb pnp and b a ChrlNe * C1r* or CuWW Check E dowel wbb We propownl is a
Cis Clink K CerOW Cbo* !br DoIbn (3 ? or a
PrOossi now. iM OW se of 5% I&I Dodan ( 1..ritW it k air+d
adadl be aA@dW mid r+eu l w by lira owner ss V4 al,'a1i a ells erect to pi�perd k "erpW by no
Oarlrtier anal the xWersiped 60 to exac6a the xea.wKT *NO act doelawit% bmwomae co -11 iarl«., sand able
rptr ON bad (if sW wft die O"*w wWft ka (14) bath dais u11ie' d* *WW of ncdpt erwrftke NOWN
of accupbe * of aafd proponk odwrwMs, laid dbedt w boearf dm* it ndm* d tin fir madoWgui a" de aaad.
r-
Old urtdmstaoda and ap e n fiat do cast to be vAcuWd by O{fim dlr O be bored sus indu& all cow
doaare o made avaN" to idea for bell lnspootfort fn socor Pw w kh the Notice to Offin .
patuaaat to Tomes lwcd GWYOU" t C*6231AO(a)� a Dais: /~pill 1, 2Q1 l
aorgMitivf e,NM q�t)lr�e bewe � �rrt it
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Pelee. TKMUOI[ll, AW CO KM TO 7=
1L Pw= Mlfil'l<' W MAM 2L= Zp�;OEQ�A, L A
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(SW if AMjiti a Catpotdtiore)
AdibfNlf N&
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Addottda Na. -
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Jlot A. UWAW tt1 VIM f rrrekdatrt
.lot A igN ft Co.. irro.
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I�IEQ AL?A7C f11i rw�T fecuam r4&
14,21,1=
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Pare Intentionally Left Blank
j
0A
HOMP. dIPME
210-0 F L SUR P MVE-
-1168
10 8'� 1A, 2i
115) 243-3854
MEACT
'S
910NDWIG COAMNY
BID 50NO
PUBLIC WORK
KNOW-ALL PERSONS BY THESE PRESENTS:
Bond No.
AWtiN bIPMOE
P-0. BOX 26270
AUSTIN, TEW 70TS94720
FAX (612) 343-8363
John A. Walker Roofing Co., Inc.
(hereliTafter called the Principal) as Principal, and the MERCHANTS SON.DiNG COMPANY- (Mutuiti)- a corporation of
ther,151ate of lom w!tO-,b Home. Mow In:'tho-,,00-of be* -10alnea, low-m..(haroftafter cglied',gurety -,$uroty 01101d
.and firmly% bound to. City of Lubbock, Texas
(hOMIrfaftr edlldd th"4 Obligee) 1h the fill and Jila" s.UM Of ( 5% of G.A.B.***
Five Percent of Greatest Amount Bid***
M00"tho Pri"diPrand, 111:rurdty, bind theft#6106, Melt W, t0i iwombr*ft, i0fthlb"16M. suc*60�04 Iftd 09640, Jbfrftly
andAdV6.tally.,J-1rm1Y- bV. thisse Oteterft,
iggted and dated; s 4th day wf April 2011
t.
THE CONO1T ON1,0F TH96aLIGATIM IS 81JOH, that, if the-Obllg6e shall make any award to thtrPrincipAl for
Preston Smith International Airport Building Project
Project No. I I - I 0000-MA
0004rding to thik te-ftak of 11he ptoO.0sal of Did. Madeby the, Principaltherefom—, and the Principal %hall duty maKe and
b0fid"f6f,1116faithful oeffdfta6c6fhdt.b.of*ith�the,,MERCHA4NTS-ffONDING.r-COMPANY( tUal)an'd$.U(dt-.,, 1141th
other Surely or SurdAtes approved by the ,0bllqee,, or if -the., Principal shall; in case. 6fleflure to do sos. pay bs theObligee,
the the damages whlbh, the.0blig[se may suffer by reason of such faillure Of t� ndt;kceedln% the penalty tfil a thanithl's.
obifoation shall'be null an&vd[d; otherwise itshall-be and '-remain imfull fares: and
(IV 'TEUMONY WHEREOF, the, Pritidipal AM Surety-have;cAtisa-4 those pr.' sontwto be, dolyl0roned AAO misled.
"a
QQ Womal 3 - 00Q. �_'-
ME CHANTS BON I ING COMPOY (ral).
13Y &a
Donna Weinel, Attorney -in -Fact
W • L.
MERCHANTS N AT O N S
BONDING COMPANY BONDING COMPANY
POWER OF ATTORNEY Bond No.
KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) b a corporation duly organtzed under the
laws of the State of lowit, and that NATIONS BONDING COMPANY Is a corporation duly organtzed under the larva of the State of texas
(herein merely called the `Companies'), end tat the Companies do hereby make, xxonsttute and appoint
Patsy Beall, Joseph C. BIackshear, Jr., G. C. Blystone, Jr., Betty A. Bush, Geri Johnson,
A. A. Shotwell, Mark Smith, Donna Weinel
Of Texas City and State of Texas their true and lawful Attorney -In -Fad with ful power
and authority hereby conferred in their name, ptaoa and stead, to sign, execute, adawwledge and dellver In their behalf as surety
any and a6 bonds, undertakings, recognixances or other wrftn obligations In the nature thereof, sw*d to the Imltatlon that any
such Instrument: shall not exceed the amount oi:
FIFTEEN MILLION (S15,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the mm extent as If such bond or undertftV was signed by the duly authorized officers.
of the Companies, and all the acts of said Attorney -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney 1s made and exeaAsd pursuant to and by authority of the fallowing bylaws adopted by the Board of Dkectors
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19, 2003.
"The Chairman of the Board or President or any Vke Preaklent or Secretary shall have power and authority to appoint
AttorniWin-Fact, and to authorize them to exeaitie on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indenvhity and other writings obligatory in the nature thereof.
The sWatm of any authorized officer and the Seal of the Company may be affled by facsimile to any Power of Attorney or
Certilfcation tthareof authorizing the execution and delivery of any bond, un lertaWng, moognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and eflied as though
manually fixed'
In Whose Whereof, the Companies have Caused this instrument to be signed and sealed this 1 at day of February , 2010.
•° � 2
..�6, •
go
STATE OF IOWA • •%�` • •
COUNTY OF POLK as.
••p1NG Co.
O�:a�POA Ate.
i ram°:•: -O- i
:a• t933 : c'
.y •
� •rY•
• 6 •
MERCHANTS BONDING COMPANY (MUTUAL)
NATIONS BONDING COMPANY
By
/" `7 ;; � �
President
On this 1 st day of February 2010 , before me appeared Larry Taylor, to me personally known, who being by me duly svrom did say 0hat
he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals
affixed to the foregoing Instrument are the corporate seals of the Companies; and that the said Instrument was signed and sealed in
behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hermu nto set my hand and affixed my-OMdk Sail at fire City of Des Moh»s, Iowa, the day and year first
above written.
CINDY SMYTH
Couarslssion Number 173604
STATE OF IOWA
MY Co� � �l_xptrss �YY
12 Notny PtOft- Pa* fit. lows
COUNTY OF POLK es.
I, William Werner, Jr., Secretary of MERCHANTS BONDING COMPANY ([ nUAL) and NATIONS BONDING COMPANY, do hereby cm*
that the above and foregoing Is a true and oonrect oopy of the POWER -OF -ATTORNEY executed by said Companies, which Is
still In full force and effect and has not been amended or revoked.
In Wftrass Whereof, I have hereunto set my herd and affixed the seal of the Cor wilt on this 4th day of April , 2011.
NBC 0103 (1109)
Secretary
SAFETY RECORD QUESTIONNAIRE
The City of Lubbock City Council desires to avail itself of the benefrts of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding proposals on City contrails. 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 bi deterniiaing the responsibility thereof. The City may
consider any incideaw invohring worker safety or safety of the citizens of the city of l abbodc, be it related or caused by
environmental, mechanical, opemtlonal, supervision or any other cause or factor. Specificalay 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 Protechonn 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 Co rnissiorn (TNRCC) (predecessor to the TCE% the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
c.. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related natter deemed by the City Council to be material m 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:
QUES170N ONE
Has the offeror, or the firm, corporation, paytnership, or institution represented by the offeror, or anyone acting for such
fxrrmn, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO_X_
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.
s
Offeror's Initials
Two `
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
rmn, corporation, partnership or .institution, received citafions for violations of environmental protection Iaws or
regulations, of any kind or type, within the past five years? Citations iechuic notice of violation, notice of enforcement,
suspensionhevocations 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—X--
if the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submissions, the following information with respect to each such conviction:
Date of offense or occurrmce, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION THREE
Has the offemr, 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 tent (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES. NO---72(—
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 ofiense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
Provide your company's Experience Modification Rate and supporting information:
14CK WLED UMENT
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionrud a 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 oohs se my proposal to be rejected.
Z
SUSPENSION AND DEBARMKNT CERTMCATION
Federal Law (A-IO2 Common Rule and OMB Circular A I10) 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 h"vidual awards of $25,000 or more and all sub-rec:ipknts must certify that thm 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 debarmd by a Federal agency.
I, the undersigned agent for the firm, named below, certify that neither this 11m nor its principals are suspended or
debarred by a Federal agency.
IN
I' .. � , ,ram_._,' 1,
FEDERAL TAX ID or SOCIAL
Signature of Company
94-� T -& T 17i'lyS-Z
Printed name of company officials" above; 6,0 t
Date Signed: '" 4
Paa Intentiona& Left Blank
LIST OF SUB -CONTRACTORS
Paine Intentianally Left Blank
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE BY:
CONTRACT AWARD DATE: April 28, 2011
CITY OF LUBBOCK
SPECIFICATIONS FOR
PRESTON SMITH INERNATIONAL AIRPORT BUILDING
PROJECT
RFP 11-10000-MA
CONTRACT # 10000
BUYBOARD CONTRACT NO.244-06
lubC1ack
TEXAi
CITY OF LUBBOCK
Lubbock, Texas
Patie Intentionally Left Blank
�
C,
Pap-e Intentionally Left Blank
BID No. 11-10000-MA
PROPOSALS DUE:
ADDENDUM # 1
PRESTON SMITH INERNATIONAL
AIRPORT BUILDING PROJECT
RFP 11-10000-MA
March 30, 2011
APRIL 4, 2011 @ 10:00 A.M.
The following items take precedence over specifications for the above named Request for Proposals
(RFP). Where any item called for in the RFP documents is supplemented here, the original requirements,
not affected by this addendum, shall remain in effect.
OFFERORS are invited to review the following:
1. REVISED — Proposal Submittal Form
ues * Qr � (] Nl Uo t Ct y * w s 5�#" 7 # j o;
All rein �.4'1' acl ua : n£q 4 11 Qr lanfie"ation ip�lsf� � � aitk cl i wtitln .dlr ctec Ioa
Marta Alvarez, Director of Purchasing and Contract Management,
City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806)775-3326 or Email to malvarez@,mylubbock.us
THANK YOU,
CITY OF LUBBOCK
Marta Alvarez
Director of Purchasing and Contract
Management
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offenor's reMonsibibly to advise
the Director of Purchasing and Contract Management if any lanage. requirements. etc., or any combinations thereof. inadvertently
restricts or limits the requirements stated in this BID to a single source. Such notification must be submitted in writing and must be received
by the Director of Purchasing and Contract Management no later than five (5) business days prior to the bid close date. A review of such
notifications will be made.
Page Intentionally Left Blank
• Page 2
REVISED
PROPOSAL SUBMITTAL FORM
PROPOSAL CONTRACT
DATE:
March 30, 2011
PROJECT NUMBER: 11-10000-MA "PRESTON SMITH INERNATIONAL AIRPORT BUILDING
PROJECT"
Proposal of (hereinafter called
Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a Preston Smith International
Airport Building Project having carefully examined the plans, specifications, instructions to offerors, notice to
offerors and all other related contract documents and the site of the intended work, and being familiar with all of
the conditions surrounding the construction of the intended project including the availability of materials and labor,
hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the
plans, specifications and contract documents, within the time set forth therein and at the price stated below. The
price to cover all expenses incurred in performing the work required under the contract documents.
ITEM
NO.
DESCRIPTION
LUMP SUM
A. Window Systems:
$
1
1. Remove and reinstall new sealant at precast joints throughout facility.
2. Remove and reinstall new sealant at all window perimeters throughout
facility.
3. Remove all gaskets and wet glaze all window systems throughout the
facility.
4. Remove and reinstall new sealant at glass to glass joints.
B. Roof Systems:
1. Remove and replace all pitch pans. New pitch pans will be fabricated from
stainless steel and filled with Coal Tar Urethane Sealant.
2. Reseal all open laps on the base flashing systems.
3. Reseal and repair all drain locations as well as all scupper locations.
4. Repair all blistering that is exhibited throughout the roofing membrane.
5. Repair all areas in modified membrane where granular surfacing is missing.
6. Install new grease resistant roof membrane.
7. Install new self -adhering membrane and prefinished metal sills on the south
elevation where shown on the drawings.
LUMP SUM TOTAL
$
• Page 3
March 30, 2011
ITEM
NO.
DESCRIPTION
UNIT
UNIT PRICE
1
Insulated Tempered Tinted with Special Coating
l"
2
Tempered Tinted With Special Coating
/"
3
Insulated Tempered Tinted
1"
4
Insulated Tinted
1"
5
Tempered Tinted
%"
6
Tinted
Y4"
7
Spandrel
/"
8
Tempered Tinted With Special Coating
3/8"
9
Tinted With Special Coating
1/2"
10
Laminated Sound Control
9/32"
ALTERNATIVES
ITEM
NO.
DESCRIPTION
DEDUCT
ATL 1
Provide cost as a deduct to Window System Work per Section 01010-Summer of Work
$-
1.01, A. at the following Exterior Elevation locations:
Ol/A201 East (to left) of Mark 1/A including 04/A206 and 05/A206.
01/A203 East (to right) of Mark 2/E including 07/A206, 08/A206, 09/A206,
1O/A206 and 1l/A206.
01/A205 North to right) of Mark 21) including 06/A206 and I I/A207.
ATL 2
Provide cost as a deduct to delete Window System work per specification Section
$-
01010 - Summary of Work, 1.01, A. at the following Exterior Elevation locations:
02/A202 South (to right) of Mark 16/A including 02/A206.
02/A204 South (to left) of Mark 15/E including 08/A207 and 09/A207.
02/A205 West to left of Mark 2/13 including Ol/A206 and 10/A207.
Offeror's Initials
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 ( 90 ) Days Completed by Contractor
( NINETY ) Written Days Completed by Contractor CONSECUTIVE
CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further
agrees to pay to Owner as liquidated damages the sum of $25 ('TWENTY-FIVE) for each consecutive calendar
day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the
general conditions of the contract documents. _
Offeror understands that the Owner reserves the right to reject any or all proposals and to waive`'
any formality in the proposing. l _$
The Offeror agrees that this proposal shall be good for a period of i#ty (60) calendar days after the l
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
• Page 4
March 30, 2011
further agrees to commence work on the date specified in the written notice to proceed, and to substantially
complete the work on which he has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice
of award of the contract to him.
Offeror's
Initials
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City of Lubbock, TX
Purchasing and Contract Management
Contractor Checklist for
Before submitting your bid, please ensure you have completed and included the following documents in the
order th7 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 firm's FEDERAL TAX ID number or Owner's
SOCIAL SECURITY number.
2. Complete and sign the. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
P � Q
/ This must include the signature of the agent or broker. Contractor's signature must be original.
3. < Clearly mark the bid number, title, due date and time and your company name and address on the
' outside of the envelope or container.
4. '/ 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.
5. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be
explained in detail and submitted with Bid.
6. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include fwm's
FEDERAL TAXIW number or Owner's SOCIAL SECURITT number.
7. Complete and submit the LIST OF SUB -CONTRACTORS.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING
DEEMED NON -RESPONSIVE AND, TN] BEFORE, NOT FURTHER EVALUATED. PLEASE
INCLUDE TMS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL,
Q14 A! n - WDL'y.- i2 R_1Q6EZAfC-
Crype or Print Company Name)
Page Intentionally Left Blank
t
NOTICE TO OFFERORS
Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of
Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City
Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 10:00 A.M. on MARCH 30, 2011or 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:
"PRESTON SMITH INERNATIONAL AIRPORT BUILDING PROJECT"
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 be in a form accented by the City Attorney and must be 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 Offeror. 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 Offeror
regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such
factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There
will be a non -mandatory pre -proposal conference on March 28, 2011 at 11:00 a.m., in the Blue Room. 2nd
Floor, at Lubbock Preston Smith International Airport, Lubbock, Texas. All persons attending the
conference will be asked to identify themselves and the prospective bidder they represent.
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
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.
Fi
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
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
r
GENERAL INSTRUCTIONS TO OFFERORS
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r
t
! GENERAL INSTRUCTIONS TO OFFERORS
1 PROPOSAL DELIVERY TIME & DATE
The City of Lubbock is seeking written and sealed competitive proposals to furnish PRESTON SMITH
INERNATIONAL AIRPORT BUILDING PROJECT per the attached specifications and contract
documents. Sealed proposals will be received no later than March 30, 20116a,10:00 A.M. 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 11-10000-MA - PRESTON SMITH
f INERNATIONAL AIRPORT BUILDING PROJECT 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 and
Contract Management 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
2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing
addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non-
mandatory pre-nrovosal conference will be held at 11:00 a.m., March 28, 2011. in the Blue
Room. 2nd Floor, at Lubbock Preston Smith International Airport, Lubbock, Texas.,
Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the
prospective proposer they represent.
2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not
mandatory. The City will not be responsible for providing information discussed at the pre -
proposal meeting to offerors who do not attend the pre -proposal meeting. ADDENDA &
j MODIFICATIONS
2.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of
Lubbock shall not be legally bound by any explanation or interpretation that is not in writing.
Only information supplied by the City of Lubbock Purchasing and Contract Management Office
in writing or in this RFP should be used in preparing proposal responses. All contacts that a
proposer may have had before or after receipt of this UP 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.
2.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
3
n
5
1
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
3.1 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.
3.2 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.
3.3 Notices of any discrepancies or omissions in these plans, specifications, or contract
documents, shall be given to the Director of Purchasing and Contract Management and a
clarification obtained before the proposals are received, and if no such notice is received by
the Director of Purchasing and Contract Management prior to the opening of proposals,
then it shall be deemed that the 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 Director of Purchasing and
Contract Management before offering of any discrepancies or omissions, then it shall be
deemed for all purposes that the plans and specifications are sufficient and adequate for
completion of the project. It is further agreed that any request for clarification must be
submitted immediately prior to opening of proposals.
PROPOSAL PREPARATION COSTS
4.1 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.
4.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any
services or equipment.
4.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer.
TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC
INFORMATION ACT
5.1 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.
5.2 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)
5.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the -3
Texas Open Records Act.
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. L
i
i
t
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 INOUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive
proposals. It shall be the offerors responsibility to advise the Director of Purchasing and
Contract Management if anv language, requirements, etc., or anv combinations thereof,
inadvertently restricts or limits the requirements stated in this RFP to a single source. Such
notification must be submitted in writing and must be received by the City Purchasing and
Contract Management Office no later than seven (7) calendar days before the proposal closing
date. A review of such notifications will be made.
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 90
(NINETY) 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
15
V
17
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents.
AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no
claims pending, of which the Contractor has been notified.
The intent of these contract documents is that only materials and workmanship of the best quality and
grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some
detail will not relieve the Contractor of full responsibility for providing materials of high quality and for
protecting them adequately until incorporated into the project. The presence or absence of a
representative of the City on the site will not relieve the Contractor of full responsibility of complying
with this provision. The specifications for materials and methods set forth in the contract documents
provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory
project.
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
termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in
this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation to the Contractor's liability which may be specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
19
WO
21
22
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.
PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all
materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of
construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or
not paid for such work, until the date the City issues its certificate of completion to Contractor. The City
reserves the right, after the proposals have been opened and before the contract has been awarded, to
require of a proposer the following information:
(a) The experience record of the proposer showing completed jobs of a similar nature to the one
covered by the intended contract and all work in progress with bond amounts and percentage
completed.
(b) A sworn statement of the current financial condition of the proposer.
(c) Equipment schedule.
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.
23
24
25
FM
EXPLOSIVES t
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. 3
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.
LABOR AND WORDING 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 j
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.
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
4
€a
L 3
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 employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to
each worker. This record shall be open at all reasonable hours to inspection by the officers and
agents of the City. The Contractor must classify employees according to one of the classifications set
forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the
contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf
this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar
day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included
in these contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
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
bidder shall submit his bid on forms furnished by the City, and all blank spaces in the 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 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.
30
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. U
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be
considered incorporated by reference into the aforementioned contract documents.
31 QUALIFICATIONS OF OFFERORS
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
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list
of ALL similar municipal and similar non -municipal current and completed projects for the past five (5)
years for review. This list shall include the names of supervisors and type of equipment used to perform
work on these projects. In addition, the Contractor may be required to provide the name(s) of
supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock
specifications herein.
32 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, 30% for Contractor
Qualifications, 5% for Safety Record, and 5% 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 25% 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 5% 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.
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 $375,000
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 maybe rejected if it shows
omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu
of the items specified, if the unit prices are obviously unbalanced (either in excess of or below
reasonably expected values), or irregularities of any kind "
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
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:
hqp://www.gpo.gov/davisbacon/allstates.htrnl
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
Paae Intentionally Left Blank
f_
• Page 2 March 30, 2011
REVISED
PROPOSAL SUBNQTTAL FORM
PROPOSAL CONTRACT
DATE: + l 1
PROJECT NUMBER: I 1-10000-MA "PRESTON SMITH INERNATIONAL AIRPORT BUILDING
PROJECT"
Proposal of (hereinafter called
Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a Preston Smith International
Airport Building Project having carefully examined the plans, specifications, instructions to offerors, notice to
offerors and all other related contract documents and the site of the intended work, and being familiar with all of
the conditions surrounding the construction of the intended project including the availability of materials and labor,
hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the
plans, specifications and contract documents, within the time set forth therein and at the price stated below. The
price to cover all expenses incurred in performing the work required under the contract documents.
ITEM
NO.
DESCRIPTION
LUMP SUM
A. Window Systems:
S
t
1. Remove and reinstall new sealant at precast joints throughout facility.
2. Remove and reinstall new sealant at all window perimeters throughout
facility.
3. Remove all gaskets and wet glaze all window systems throughout the
facility.
4. Remove and reinstall new sealant at glass to glass joints.
B. Roof Systems:
1. Remove and replace all pitch pans. New pitch pans will be fabricated from
stainless steel and filled with Coal Tar Urethane Sealant.
2. Reseal all open laps on the base flashing systems.
3. Reseal and repair all drain locations as well as all scupper locations.
4. Repair all blistering that is exhibited throughout the roofing membrane.
S. Repair all areas in modified membrane where granular surfacing is missing.
6. Install new grease resistant roof membrane.
7. Install new self -adhering membrane and prefinished metal sills on the south
elevation where shown on the drawin
5
___--•----••- t,ftMP SUM TOTAL
F'-"
S �
Tu, "c 3 it.
$372,0007
• Page 3 March 30, 2011
ITEM
NO.
DESCRIPTION
UNIT
UNIT PRICE
i
Insulated Tempered Tinted uhth Special Coaling
is,
2
Tempered "Tinted With Special Coating
eV4"
3
Insulated Tempered Tented
(»
4
Insulated Tinted
5
Tempered Tinted
6
Tinted
el47
7
Spandrel
y4»
8
Tempered Tinted With Special Cowing
3/8%1
9
Tinted With Special Coating
1 /2+?
10
Laminated Sound Control
9/32f°
ALTERNATIVES
ITEM
NO.
DESCRIPTION
DEDUCT
ATL 1
Provide cost as a deduct to Window System Work per Section 01010-Summer of Work
$-
1.01, A. at the following Exterior Elevation locations:
0I/A201 East (to left) of Mark I/A including 04/A206 and 05/A206.
.� GCti„
�
OlIA203 East (to right) of Mark VE including 07/A206, 08/A206, 09/A206,
- i
1O/A206 and I I/A206.
0I/A205 North to right of Mark 2D includipA 06IA206 and I I/A207.
ATL 2
Provide cost as a deduct to delete Window System work per specification Section
�-
01010 - Summary of Work, 1.01, A. at the following Exterior Elevation locations:
02/A202 South (to right) of Mark 16/A including 02/A206.
- q ) , (.700
02/A204 South (to left) of Mark 15/E including 08IA207 and 09/A207.
02/A205 West to left of Mark 2/13 including 01/A206 and I O/A207.
0- 6. Offeror's Initials
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 90 etc o for
( NINETY ) Written Days Completed by Contractor CONSECUTIVE
CALENDAR thereafter as stipulated in the specifications and other contract documents. Offeror hereby further
agrees to pay to Owner as liquidated damages the sum ofS25 (_TWENTY-FIVE } 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 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 (") 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
H
9
r s Page 4
l
March 30, 2011
further agrees to commence work on the date specified in the written notice to proceed, and to substantially
complete the work on which he has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies. and r ;eeute all necessary bonds (if required) within ten (10) days after notice
of award of the contract to him.
6. - Offewes
Initials
Enclosed with this proposal Is a Cutler's Cbeek or Cerditod Check Endased with this proposal is a
Cosbier's Check or Certilkd Cbeek for Dollars {S, ) or a
Prvpoenl Bond In the No Of IN 2A.B._ Dolhrs (S 4 whlc6 It Is agreed
shelf be collected avid rdaloed by die Owner as UquW*W don"" In Ow event the proposal is sued by the
C Owlter and *e aosder4gsed lab to. eueate the •ecnwT C Uld do"Awnq, h=nu= certiBeatoe, and floe
regWrr d bond (if spy) wino the Ord' wltbin ben (10) bsaieaes days after drs dabs of rerdpt orwritten aedfie ou
of scap"mm of "M pmoposak otLerwise, said chak or bond shad be rebnreed to dw undersignod sq►oa dema"
Offeror ids and agrees that the oonu-wt to be ermuted by of aar shall be bound and include all cvtattaat
doecuma made available to hhn for bis inspection in somrdance with the Notice to Oflma.
Ponsaat bo Texas a
saepatkive salad propead that ins been eyeaed mq at be
Iftrewdi 0w the pgrpon of ew"e las = after IN toe prop"
prks, TW=FCW& ANY CORRBCTIOM TO THE
PiR4 F*$A L Ml<C14 MUST s& MAD11 ON THE MRQM
(Scat if ~108 a Corpaadon)
A ;
C1flPeraw ackgoe+rtedses recelpt of the fbllawing addenda
Addenda No. Date
Addcnb No. Data
Addax No. DW—
Addendaft Ddo—
DW: April 4, 2011
A Sigma
John A. VVWw III, Vim Pr eskW t
(Printed or Typed Name)
P. 0. Boat 28M
Addmu
Tevasa Clly Gel eeton
City,
Texan 77592-2aW
State zip Code
Telephone: 40 ,.- 935MJ I._
Fax Nr."
0=11. a mhoI -CM
IMARRAL TAX tD or SOCIAL S U16t1TY Na
M133373
Page Intentionally Left Blank
iv
HOME bj#FibE
2100 FL%AJ PRIVF.
MERCI-IAI�TT
WKIDINO COMPANY
BID ROND
POIBLIC WORK
Bond No.
KNOWALL PERSON$- BY THESE, PRESENTS.
That John A. Walker Roofing Co., Inc.
AUSTIN�&OidE
P.O. BOX 26270
AUS.-nN. TE)(A$ 7a -0720
FAX (512) 343-8363
(hereinafter 'N'M
,.retnafter wiled the Fydricipal). ps, F"rinc.1pal, and the MERCHANTS BONDING COMPANY (MufqqI)-a corporaffba of
ifter'$Wtoof Iowa, witkits bogMalnes, lowo,.(Oorq,,tnaltorcelled :$uroty.y, $Uroty, or, ha .,
id
.and 2firmly bound. -to, City of Lubbock, Texas
5% of G.A.B.***
Five Percent of Greatest Amount Bid***
Dollars
640.'tf 4,4d lo-*'Mk iffidoef of thO United States Of Am'.60ca,J0,1116 04yMot of Whrldh,,soritof rhohoy�wbll atidteLtly to be-
"fad6l tho Rlho"I"O'"d '%U.fdtV.tiidtl[ tharttsOlVids, their he#O-i Okow dat t6.f$., ddrhidIbtMW(4, 004 tiON diftd 01619(ftv joihtt
dhd,,sdWir9lly,:frftMV,-b1 thb6d 0t,86dftt6,
Sloriecl -and day of. April 2011
THE 06140-11TIOWOP'THISf- OBLIGATIOR 18 8UC, H, that, thhobblig06 shall make any aWard f6 the PrIndpA for
Preston Smith International Airport Building Project
Project No. 11-10000-MA
4000dirl 0 ,440-th0tOns I the proposal or bid ffiedo.by ttva.Principal therefore, and the Principal shallduly ma," and
enfar Witft'11*46,t�M'6 Of slid ptdgosal "a 151d end ,0W4t#,:,00d-'- Ali KA
' bohd1df1hd %ithfUl Peffcdfta�-, tt'.#heof With thO.�MERCHANTS,,ff.ONDING.-COMPANY (MUtUal) and SOM1.6t With
other Surely or &rdftes approved by, the - Obligpej or Ifthe.-PrIndpal shall, In wsedFfd1Iureto do S'0,i
_ ay they 0 ]1
the damqQes!whIbh,-the:QblIqee. may suffer by. reason of-`such,failure�,ndtdxc66.ding-the penalty of tls.'bon', on=.� obil' .gqUon shall be nul[and-vdid, otherwise it shall be and'vemalft in: full force.-and'eftet.
!N TFE$TllV1 -i WRERE07, tho-Priftloal and:surety h6v0,-'cW6d th40P' 1000drily signed ant
Witnesw
I
MECHANTS Will __ING C501VIPANY al).
BY-
Donna Weinel, Attorney -in -Fact
.-sr • f,
MERCHANTS N AT I O N S'��
BONDING COMPANY BONDING COMPANY
POWER OF ATTORNEY Bond No.
KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the
laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duty organized under the laws of the State of Texas
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Patsy Beall, Joseph C. Blackshear, Jr., G. C. Blystone, Jr., Betty A. Bush, Geri Johnson,
A. A. Shotwell, Mark Smith, Donna Weinel
Of Texas City and State of Texas their true and lawful Attomey-In-Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
FIFTEEN MILLION ($15,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers
of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19, 2003.
'The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attomeys-In-Fact; and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed."
In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 1 st day of February , 2010.
.•'//
N Dy ••
,
. Q••
Z: _ -o- d �.
2003 a •
STATE OFIOWA •••••••''•
COUNTY OF POLK ss.
•' O�NB C�rlj'•.
1933
.y •
MERCHANTS BONDING COMPANY (MUTUAL)
NATIONS BONDING COMPANY
By
/--f,7 774-
PresIdent
On this 1 st day of February , 2010, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed In
behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Molnes, Iowa, the day and year first
above written.
CINDY SMYTHIJ .
Commission Number 173504 1/
o My Commission Expires U
STATE OF IOWA March 16, 2012 Notary Public, Polk County, Iowa
COUNTY OF POLK as.
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify
that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which Is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Companies on this 4th day of April , 2011.
NBC 0103 (1/09)
Secretary
[J
SAFETY RECORD QUESTIONNAIRE
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to
Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
c.. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
offeror and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
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 NQ —(_
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
L assessed.
��� , Offeror's Initials
r
QUESTION TWO
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
fun, 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,
suspensionhevocations 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 inn, 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? rill
YES NO_ —tzc
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.
OUESTION FOUR
Provide your company's Experience Modification Rate and supporting information:
AQ2WWLEDGEMENT
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 bX me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or and ons se my proposal to be rejected.
Title
r�
J
SUSPENSION AND DEBARMENT CERTMCATION
Federal Law (A-102 Common Rule and OMB Circular A 110) prohibits non -Federal entities from contracting with or
malting sub -awards under covered transactions to parties that are suspended or dcbmTed 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-recipieatts must certify t1W 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.
FEDERAL TAX III or SOCIAL
Signature of Company
Printed name of company official
Date Signed: 1-1 � '�i /11
f
b'T 'b t`•ly 5 1Z
Page Intentionally Left Blank
LIST OF SUB -CONTRACTORS
Paae Intentionally Left Blank
LIST OF SUB -CONTRACTORS
Minority Owned
Company Name Location Services Provided
Yes
No
1.
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2.
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4.
5.
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C
SUBMITTED BY: S 4p14 AL & Ut gxt- 3
THIS FORM SMALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS
DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
Page Intentionally Left Blank
PAYMENT BOND
Pase Intentionally Left Blank
BOND NUMBER: TXC 96404
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 John A. Walker Roofing Co., Inc.
(hereinafter called the
Principal(s), as Principal(s) and
Merchants Bonding Company (Mutual)
(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 THREE HUNDRED SEVENTY TWO THOUSAND DOLLARS AND 01100 ($372,000.00)
lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally, fmnly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 281h day of
April , 2011, to Preston Smith International Airport Building Project
RFP No. 11-10000-MA
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.
No Text
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
17th day of May 2011.
Merchants Bonding Company (Mutual_
Surety
* By
(Title) Donna Weinel, Attorney -in -Fact
John A. Walker Roofing Co., Inc.
(Contractor Name)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
D. Nick Broyles at Arthur J. Gallagher an agent resident in Lubbock County to whom any requisite notices
may be delivered and on whom service of process may be had in matters arising out of such suretyship.
Merchants Bonding Company (Mutual)
Surety
By: hM-','tX
(Title) Donna Weinel, Attorney -in -Fact
Approved as to form:
CitZ*Attome
By:
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
MERCHANil-4k NATIONS
BONDING COMPANY BONDING COMPANY
POWER OF ATTORNEY Bond No. TXC 96404
KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the
laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Patsy Beall, Joseph C. Blackshear, Jr., G. C. Blystone, Jr., Betty A. Bush, Geri Johnson,
A. A. Shotwell, Mark Smith, Donna Weinel
of Texas City and State of Texas their true and lawful Attomey-in-Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
FIFTEEN MILLION ($15,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers
of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby rated and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19, 2003.
"The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of February , 2010.
•,.� N•D I/y •. ,
�'
• P000
R �.C)
• ,�
co
Z:2 -o- c 0.
2003 a
•fib
STATE OFIOWA •••'••��
COUNTY OF POLK ss.
G - CO�lf '•
�O.ORP09.•.oq.
• a 1933 •
• y • c.
. ;d� • 1do.
MERCHANTS BONDING COMPANY (MUTUAL)
NATIONS BONDING COMPANY
By
President
On this 1 st day of February , 2010, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that
he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in
behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
CINDY SMYTHJ .
T- Commission Number 173504 U
1 Ir My Commission Expires
STATE OF IOWA March 16, 2012 Notary Public, Polk County, Iowa
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify
that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 17th day of May , 2011
•••0• D /H••••
0••'QPUq.G .
• Z: 2 -o- o �0.
••Oi' 2003 as %
G C•.
• q.A
ry—: _ -o- o
a 1933
.y :c.
10,
Secretary
NBC 0103 (1/09)
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent at the telephone number provided by your insurance agent.
You may call Merchants Bonding Company's toll -free telephone number for information or to make a
complaint at:
1-800-678-8171
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or
complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim
you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part
or condition of the attached document.
SUP 0032 TX (7/07)
PERFORMANCE BOND
Pap.e Intentionally Left Blank
BOND NU1ViBER: TXC 96404
STATUTORY PREFORMACE BOND PURSUANT TO SECTION `2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that John A. Walker Roofing Co., Inc.
(hereinafter called the
Principal(s), as Principal(s) and
Merchants Bonding Company (Mutual)
(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 THREE HUNDRED SEVENTY TWO THOUSAND DOLLARS AND 0/100 ($372,000A0)
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
April , 2011, to Preston Smith International Airport Building Project
RFP No. 11-10000-MA
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
17th day of May 2011.
Merchants Bonding Company (Mutual) John A. Walker Roofing Co., Inc.
Surety (Contractor Name)
* By By. John A Walker III Vige President
(Title) Donna Weinel, Attorney -in -Fact (P ed ame)
ature)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
D. Nick Broyles at Arthur J. Gallagher an agent resident in Lubbock County to whom any requisite notices
may be delivered and on whom service of process may be had in matters arising out of such suretyship.
Merchants Bonding Company (Mutual)
Surety
By:
(Title) Donna Weinel, Attorney -in -Fact
Approved as to form:
-- City of L o
By:
City Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
MERCHANT�S� NATIONS -
BONDING COMPANY BONDING COMPANY
POWER OF ATTORNEY Bond No. TXC 96404
KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the
laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Patsy Beall, Joseph C. Blackshear, Jr., G. C. Blystone, Jr., Betty A. Bush, Geri Johnson,
A. A. Shotwell, Mark Smith, Donna Weinel
of Texas City and State of Texas their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of.
FIFTEEN MILLION ($15,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers
of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19, 2003.
"The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of February , 2010.
•'D •
• N N. •
.00 0,•�4POq .
C�
•co C1 �A :
•Z� -O- CEO•
•�i'. 2003 a
STATE OF IOWA �•""•••
COUNTY OF POLK ss.
• G . C0!l��•.
;�O.ORi'Oq •;09'
• % G� J,•y� :
�Ico -O- "
. 9C . 3.
1933 ; c; .y
�A
MERCHANTS BONDING COMPANY (MUTUAL)
NATIONS BONDING COMPANY
By
President
On this 1 st day of February , 2010, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in
behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
�p CINDY SMYTH
T• Commission Number 173504 U
My Commission Expires
STATE OF IOWA
March 16, Notary Public, Polk County, Iowa
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify
that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 17th day of May , 2011
Secretary
NBC 0103 (1/09)
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent at the telephone number provided by your insurance agent.
You may call Merchants Bonding Company's toll -free telephone number for information or to make a
complaint at:
1-800-678-8171
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or
complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim
you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part
or condition of the attached document.
SUP 0032 TX (7/07)
CERTIFICATE OF INSURANCE
Pate Intentionally Left Blank
�`� E® CERTIFICATE OF LIABILITY INSURANCEF5/17/2011
DATE (MMIDDNYYY)
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
Rust, Ewing, Watt & Haney, Inc.
7900 Emmett Lowry Expressway
Texas CityTX 77591
CONTACT Gloria Summers CIC
NAME:
PHONNo.E . (409) 934-8000 A/C No: (409)935-1883
ADDRESS:gloria_summers@rustewing.com
PRODUCER 00012548
CUSTOMER to #,
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
John A. Walker Roofing Co. Inc.
P. O. Box 2880
Texas City TX 77592
INSURERA:CrUM & Forester S ecialt /SW/Ri
44520
INSURER BAmerica First Insurance
12696
INSURER C:Navi ators Insurance Co/Woodlan
2307
INSURERD:Texas Mutual Insurance Company
22945
INSURERE:Great American Insurance Group
INSURERF:
COVERAGES
CERTIFICATE NLIMRFR-11-12 Mav
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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSR WVD POLICY NUMBER MM/DD MM/DD
GENERAL LIABILITY
EACH OCCURRENCE $
11000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES (Ea occurrence $
100,000
A CLAIMS -MADE � OCCUR L00211588 5/1/2011 5/l/2012
MED EXP (Any one person) $
Excluded
PERSONAL & ADV INJURY $
11000,000
GENERAL AGGREGATE $
2,000,000
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
2,000,000
POLICY X PE LOC
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
1,000,000
(Ea accident)
X
ANY AUTO
BODILY INJURY (Per person) $
B
ALL OWNED AUTOS A6409374 5/1/2011 5/1/2012
BODILY INJURY (Per accident) $
SCHEDULEDAUTOS
PROPERTY DAMAGE
X
HIRED AUTOS
(Per accident) $
X
NON -OWNED AUTOS
Uninsured motorist combined $
Underinsured motorist $
UMBRELLA LIAB X OCCUR
EACH OCCURRENCE $
10,000,000
X
EXCESS LIAB CLAIMS -MADE
AGGREGATE $
10, 000, 000
DEDUCTIBLE
$
C
RETENTION $ H011EXC7056831V 5/l/2011 5/l/2012
$
D WORKERS COMPENSATION
X WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y / N
TICIMIT ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT $
1,000,000
OFFICER/MEMBER EXCLUDED? NIA 003010109 5/1/2011 5/1/2012
(Mandatory in NH) ❑
E.L. DISEASE - EA EMPLOYE $
1,000,000
If Yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $
11000,000
E Leased and Rented c 301 60 43 5/l/2011 /l/2012
Any one item
$50,000
Equipment
Army One Loss
$10 0 , 0 0 0
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: RFP 11-10000-MA Preston Smith International Airport Building Project
City of Lubbock, its officers,
agents and employess are provided Blanket Additional Insured on the General Liability Automobile and Blanket waiver
of Subrogation on the Auto,General Liability and workers Compensation as required
by written contract between the
insured and the certificate holder. Blanket Primary and Non -Contributory wording.
Umbrella follows form.
l:tK I II-IL:A I t HULULK UANULLLA 1 IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS.
c/o City of Lubbock Purchasing Department
1625 13th Street Suite 204 AUTHORIZED REPRESENTATIVE
Lubbock, TX 79401
Blackshear Jr. CIC/ �'-
ACORD 25 (2009109) 01988-2009 ACORD CORPORATION. All rights reserved.
INS025 poogog) The ACORD name and logo are registered marks of ACORD
No Text
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services ona project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE
OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS
PRIMARY ADDITIONAL INSUREDS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK, AND THE ADDITIONAL INSUREDS 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 THE ADDITIONAL INSURED ENDORSEMENT
SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
I
I
C
Paze Intentionally Left Blank
[_3
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1. 1
I
t . REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and contractually require each person with whom it
contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(D) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(E) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(G) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (I), with the certificate of coverage to be provided to the person for whom they
are providing services.
Paae Intentionaliv Left Blank
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i�
i I
CONTRACT
Page Intentionally Left Blank
i
CONTRACT 10000
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 28th day of Aurd• 2011 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 John A. Walker Roofing Co.. Inc. of the City of Texas City. County of
_ Galveston 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:
- PRESTON SMITH INERNATIONAL AIRPORT BUILDING PROJECT
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. John A. Walker Roofing Co.. Inc. 's proposal dated Aari 4th
2011 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.
14Ti ► M1�� 7:T"iim
John A. Walker Roofing Co., Inc.
QA ,, //
7
By: I G A
PRINTS NAME: John A. Walker III
TITLE: r Vice President
COMPLETE ADDRESS:
Company John A. Walker Roofing Co., Inc.
Address P. O. Box 2880
City, State, Zip Texas City, TX 77592-2880
ATTEST:
Corporate Secretary
i
CITY OF LUBBOCK, TEXAS (OWNER):
By:
MAYOR
City Attorney
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever. the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit John A. Walker Roofing Co., Inc. who has agreed to perform the work
embraced in this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative Steve Nicholson. Deputy Director of Operations, so
designated who shall 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 shall act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors shall 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 Office of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
8.
Q
10.
11.
12.
13
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment. The pipeline must be backfilled, tested, final grading and
seeding performed for substantial completion.
LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall 11
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.
1.4
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.
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.
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 1
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
i 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
t
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. 1
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 j
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
21.
ri
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.
OBSERVATION AND TESTING
The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent
required by the contract documents. The Owner or'Owner's Representative shall have the right at all times to
observe and test the work: Contractor shall make necessary arrangements and provide proper facilities and access
for such observation and testing at any location wherever such work is in preparation or progress. Contractor
shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and
shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's
Representative may reject any such work found to be defective or not in accordance with the contract documents,
regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether
Owner's Representative has previously accepted the work. If any such work should be covered without approval
or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination
at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
-
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
- consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
_ requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23.
It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent to the firm actually performing the
work, and additional higher -tier markups limited to 5% to cover additional overhead and
insurance costs; or (2) the amount that would have been charged by a reasonable and
prudent Contractor as a reasonable and necessary cost for performance of the extra work,
as estimated by the Engineer and approved by the Owner..
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and=
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these U
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. H 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 _
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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
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AND ADDITIONAL INSURED. 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. THE ADDITIONAL INSURED ENDORESEMENT SHALL
INCLUDE PRODUCTS AND COMPLETED OPERATIONS.
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Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation
required)
The contractor shall have Comprehensive General Liability Insurance with limits of $500.000 Combined
Single Limit in the aggregate and per occurrence to include:
Products &`Completed Operations Ha�arcl
Contractual Liability
Personal Injury Bi;Advertismgiijury
Owner's and Contractor's Protective Liability Insurance. (DELETED)
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, $500,0000 Combined Single Limit, to include all owned
and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles.
Builder's Risk Insurance/Installation Floater Insurance. (DELETED)
Umbrella Liability Insurance (Primary Additional Insured and _ Waiver of Subrogation required)
(DELETED)
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 $500.000
Defmitions:
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 persons 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
" y provide services on the reject. "Services" include without limitation providing, hauling, or
P p J , p g, g,
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
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(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.
Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence ?
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by f
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate. j
(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.
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(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling
of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30-point bold type
and text in at least 19-point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS'COMPENSA TION CO VERA GE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800 372-7713 or 512-804-
4000 (www.tdLstate.&- to receive information of the legal requirements for
coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage,-" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning 1
work on the project; .
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
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project;
(vi) retain all required certificates of coverage on file for the duration of the project
Li
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
` 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and
employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising
out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men
and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance
of this contract and the project which is the subject matter of this contract. When Owner so desires, the
Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been
paid, discharged or waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account
thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein
to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement,
the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to offering.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless
the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the
violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or
,- subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall
notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as
provided in the contract for changes in the work. In the absence of timely written notification to Owner's
Representative of such variance or variances within said time, any objection and/or assertion that the plans and
specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed
waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances,
rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs
arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of
work to be done hereunder are essential conditions of this contract; and it is further mutually understood and
agreed that the work embraced in this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then
the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may
withhold permanently from Contractor's total compensation, the sum of $25 (TWENTY-FIVE) PER DAY, not
as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every
working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the
work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the proposal; provided,
also, that when the Owner is having other work done, either by contract or by its own force, the Owner's
Representative (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. U!
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 a
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 t-f3
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 L_J
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. j
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. OUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis,- then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of work to be done and material to be furnished under this contract, they are
- approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project, provided that the
over run or under run of estimated quantities note exceed 15% of the estimated quantity.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents
and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property,
related to, arising from or growing out of the performance of this contract.
_ 40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final Yin is made, Contractor shall satisfy a ent Owner, by affidavit or otherwise, that there
p fY
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
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 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty
or warranties implied by law or otherwise.
45. CORRECTION OF WORK
I
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 WHIRIELD
The Owner or Owner'. s Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of -
(a) Defective work not remedied and/or work not performed,
(b) Claims filed or reasonable evidence indicating possible filing of claims,
(c) Damage to another contractor,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner,
(g) Failure to provide Project photographs required by Specifications.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute. or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
f 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
[- I
and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed
with diligence to complete the project as contemplated and in compliance with all terms and provisions of the
contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract,
equity or otherwise, including, but not limited to, providing for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said Contractor,
then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a
newspaper having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what would
have been the cost under this contract, such increase shall be charged to the Contractor and the Surety
shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less
than that which would have been the cost to complete the work under this contract, the Contractor or his
Surety shall be credited therewith. 1- }
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,
J
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.
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 C�yitractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
' Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
- work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
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.
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.
i
DAVIS-BACON WAGE DETERMINATIONS
EXHIBIT A
GENERAL DECISION: TX20100296 10/01/2010 TX296
Date: October 1, 2010
General Decision Number: TX20100296 10/01/2010
-7
Page Intentionally Left Blank
Superseded General Decision Number: TX20010296
State: Texas
Construction Type: Building
County: Lubbock County in Texas.
BUILDING CONSTRUCTION PROJECTS (does not
include single family
!_ homes or apartments up to and including 4
stories).
Modification Number Publication Date
0 03/12/2010
1 03/19/2010
2 06/25/2010
3 10/01/2010
BOIL0531-001 07/01/2008
Rates
Fringes
Boilermaker ....................$ 26.02
13.66
--------------------------------------------------
BRTX0005-004 06/O1/2009
Rates
Fringes
(
- Bricklayer .....................$ 24.16
----------------------------------------------------------------
8.31
CARP0665-002 05/01/2010
Rates
Fringes
Carpenter....................._$-20_18-------------5_56-
�_--------------------------------
------
ENGI0178-004 12/01/2009
Rates
Fringes
OPERATOR: Forklift ..............$ 21.20
9.35
---------------------------------------------------
IRON0263-017 06/O1/2008
Rates
Fringes
Ironworker, reinforcing ........ $ 20.90
----------------------------------------------------------------
4.60
PAIN0053-003 04/O1/2008
Rates
Fringes
Painter•- Brush.. Roller.&
.•. ••
Spray.. .$ 15.81
----------------------------------------------------------------
4.56
* PLUM0629-019 09/24/2010
Rates
Fringes
PLUMBER/PIPEFITTER...............$ 21.00
----------------------------------------------------------------
6.25
SHEE0049-007 06/16/2010
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
and System Installation Only) .... $ 21.20 8.95
----------------------------------------------------------------
SUTX2009-168 06/03/2009
Rates
Fringes
CEMENT MASON/CONCRETE FINISHER ... $
18.58
0.00
ELECTRICIAN ......................$
18.09
2.36
IRONWORKER, STRUCTURAL ........... $
10.38
0.00
LABORER: Common or General ...... $
8.86
0.00
LABORER: Mason Tender - Brick ... $
11.00
0.00
OPERATOR: Backhoe/Excavator..... $
13.81
0.00
OPERATOR: Blade/Grader .......... $
12.97
0.00
OPERATOR: Front End Loader ...... $
12.23
0.00
ROOFER............... ..........$
12.06
0.00
TILE SETTER ......................$
8.50
0.00
TRUCK DRIVER .............. .....$
------------------------------------------------------------
10.15
0.00
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 (29 CFR
------------------------------------------------------------
5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates
listed under the
identifier do not reflect collectively bargained wage and
fringe benefit
rates. Other designations indicate unions whose rates have
been determined
to be prevailing.
----------------------------------------------------------------
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
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.