HomeMy WebLinkAboutResolution - 2024-R0153 - Contract 17766, With West Texas Services, Inc., Dba Tom's Tree Place - 04/09/2024Resolution No. 2024-RO153
Item No. 6.19
April 9, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Public Works Contract No. 17766 for Damage Repair
Services to Mac Davis and Avenue X Roundabout as per RFP 24-17766-KM, by and between
the City of Lubbock and West Texas Services, Inc. dba Tom's Tree Place of Lubbock, TX,
and related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on April 9, 2024
ATT T:
Courtney Paz, City ccretary
APPROVED AS TO CONTENT:
D. lu Kos. ich, Chief Fin 1 Officer
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
cedocs/RES.Public Works Contract 17766 Damage Repair Services to Mac Davis and Avenue X Roundabout
3.20.24
PROPOSAL SUBMITTAL FORM
LUMP SUM PROPOSAL CONTRACT
DATE: 03/13/2024
PROJECT NUMBER: RFP 24-17766-KM Damage Repair Services to Mac Davis and Avenue X
Roundabout
Proposal of West Texas Services Inc. DBA Tom's Tree Place (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 construction of the referenced project, having
carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related
contract dociunents and the site of the intended work, and being familiar with all of the conditions
surrounding the construction of the intended project including the availability of materials and labor, hereby
intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans,
specifications and contract documents, within the time set forth therein and at the price stated. The price to
cover all expenses incurred in performing the work required under the contract documents.
PROPOSED CONSTRUCTION TIME:
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: 365 (to Substantial Completion)
TOTAL CONSECUTIVE CALENDAR DAYS: 400 (to Final Completion)
(not to exceed 365 consecutive calendar days to Substantial Completion / 400 consecutive calendar days
to Final Completion).
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 365 Consecutive Calendar Days
with final completion within 400 Consecutive Calendar Days as stipulated in the specification and other
contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for
each consecutive calendar day after substantial completion and liquidated damages in the sum of $25 for each
consecutive calendar day after final completion set forth herein above for completion of this project, all as
more fully set forth in the General Conditions of the Agreement,
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the
Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The
Offeror agrees that tt:is proposal shall be good for a period of sixty 60 calendar days after the scheduled
closing time for receiving proposals,
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this proposal,
and he furtlier 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.
Cite of Lubbock, TX
Business Development
RFP 24-17766-KM
Damage Repair Services to Mac Davis and Avenue X Roundabout
West Texas Services, Inc. dba Tom's Tree Place
�i
Items
Lump Sum Bid
#0-1 Damage Repair Services to Roundabout, as specified
QTY U/M Materials Labor
LS $305,658.00
Total :
$119,382.00
$425,040.00
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than Eve
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with
this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of 5%
Dollars ($ ), which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event the proposal is accepted by the Owner and the undersigned
fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within ten (10) business days after the date of receipt of written
notification of acceptance of said proposal; otherwise, said check or bond shall be returned
to the undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound
and include all contract documents made available to him for his inspection in accordance with
the Notice to Offerors.
Pursuant to Texas Local Government Code
252.043(g), a competitive sealed proposal that
has been opened way 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 FORK)
PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
A EST:
Secretary
Offeror acknowledges receipt of the following addenda:
Addenda No. N/A Date N/A
Addenda No. Date
Addenda No. Date
Addenda No. Date
Date: 03/13/2024
Author/L d igtnature
Alex Scarborough
(Printed or Typed Name)
Tom's Tree Place
Company
5104 34th Street
Address
Lubbock Lubbock
City, County
Texas 79410
State Zip Code
Telephone: 806 - 799-3677
Fax:
Email: Alexs@tomstreeplace.com
FEDERAL TAX ID or SOCIAL SECURITY
No.
ivnVBE Firm: W0111an I I Black American Native American
I I hirspanic American I J Asian Pacific Ainonc:ur Other (�PCeil'V)
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2024-1125443
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United states
Date Filed:
02l1912024
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17766
Damage Repair Services Mac Davis Lane and Ave. X Roundabout North Overton TIF
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
tntenrtediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
�
My address isOq Me Sa- T
,
(street) (city) (state) (zip code) (country)
I declare under penaltyofperjury that foregoing is true and correct.
✓the
Executed in \ 1C� �( 'i t` County, State of ` GC on the l � of
(month) (yearQ/4
Signature of authorized agent of contractinq usiness entity
(Declarant)
Forms provided by Texas Ethics Commission www,ethics.state,tx.us Version V3.5.1,9000c471
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1'), 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete r.os. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2024-1125443
Date Filed:
02/19/2024
Date Acknowledged:
02/19/2024
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17766
Damage Repair Services Mac Davis Lane and Ave. X Roundabout North Overton TIF
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
intermediary
5 Check only if there is NO Interested Party.
0
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (stale) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, Slate of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9000c47f
BOND CHECK
BEST RATING
LICENSED IN TEXAS
DATE BY:
CONTRACT AWARD DATE: April 9, 2024
CITY OF LUBBOCK
SPECIFICATIONS FOR
Damage Repair Services to Mac Davis and Avenue X Roundabout
RFP 24-17766-KM
CONTRACT 17766
PROJECT NUMBER: 92254.9258.30000
Plans & Specifications may be obtained from
hlt2s://ci-lubbock-tx.bonfirehub.com/
,.W,qk
'LubCity of
bock
TEXAS
CITY OF LUBBOCK
Lubbock, Texas
Page Intentionally Left Blank
Addenda
Page Intentionally Left Blank
� City or
Lubbock
ADDENDUM]
Revised Estimated Budget
RFP 24-17766-KM
Damage Repair Services to Mac Davis
and Avenue X Roundabout
DATE ISSUED: March 8, 2024
CLOSING DATE: March 14, 2024 at 2:00 p.m.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
Revised Estimated Budget
1. The estimated budget for the construction phase of this project has been revised from
$300,000.00 to $500,000.00.
All requests for additional information or clarification must be submitted in writing and directed to:
Kiara Morgan
City of Lubbock
Purchasing and Contracts Management Office
1314 Ave K, Floor 9
Lubbock, Texas 79401
Questions may be emailed to kmorgankmylubbock.us
Questions are preferred to be posted on https://ci-lbbock-tx.bonfirehub.com/
THANK YOU,
CITY OF LUBBOCK
Kiara Morgan
Buyer III
City of Lubbock
Purchasing and Contracts Management Office
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the
proposer's responsibility to advise the Director of Purchasing and Contract Management if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to
a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing
and Contract Management no later than five (5) business days prior to the close date. A review of such notifications
will be made.
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INDEX
NOTICE TO OFFERORS
GENERAL INSTRUCTIONS TO OFFERORS
TEXAS GOVERNMENT CODE § 2269
PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time)
4-1. PROPOSAL SUBMITTAL FORM
4-2. SUBMITTAL OF DOCUMENTS
4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS
POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days
after the close date when proposals are due)
5-1. FINAL LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
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NOTICE TO OFFERORS
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of
,rLubblock
TEXAS
RFP 24-17766-KM
Damage Repair Services to Mac Davis and Avenue X Roundabout
1. NOTICE TO OFFERORS
1.1. Offerors may submit proposals electronically by uploading required documents at the City of
Lubbock's partner's website, Bonfire. This Request for Proposals is for your convenience in
submitting an offer for the specified services. If submitting electronically, do not submit paper
documents. If you choose to submit in hard copy, submit one original paper copy of your
submittal to the office of the Director of Purchasing and Contract Management:
Physical: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
13 14 Avenue K, 9th Floor
Lubbock, Texas 79401
Mailing: Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME
1.2. Proposals will be opened in the office of the Director of Purchasing and Contract Management,
Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as
shown below at 2:00 PM on March 14, 2024, or as changed by the issuance of formal addenda
to all planholders, to furnish all labor and materials and perform all work for the construction of
the above referenced.
1.3. After the expiration of the time and date above first written, said sealed proposals will be opened
in the office of the Director of Purchasing and Contract Management and publicly read aloud.
Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the
office listed above. The Zoom meeting information is as follows:
Website: https://zoom.us/j/9759171012?pwd=bkFtRTN1cXVISkhWdkZiMDk4MXh2dzO9
Meeting ID: 975 917 1012
Passcode: 1314
1.4. It is the sole responsibility of the offeror to ensure that his proposal is actually in the office of the
Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of
the date above first written. Any proposal received after the date and hour specified will be rejected
and returned unopened to the offeror.
1.5. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all.
If offeror does not hand deliver proposal, we suggest that he/she use some sort of delivery service
that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of
proposals, including those relegated to a courier agent who fails to deliver in accordance with the
time and receiving point specified.
1.6. Although offers may be submitted electronically, hard copy proposals will be accepted in person, by
United States Mail, by United Parcel Service, or by private
courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.
1.7. Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made
before RFP closing must be initialed by offeror guaranteeing authenticity.
1.8. Proposals are due at 2:00 PM on March 14, 2024 and should be addressed to Marta Alvarez, Director
of Purchasing and Contract Management, City of Lubbock, Texas, Citizens Tower, 1314 Avenue K,
Floor 9, Lubbock, Texas, 79401. The City of Lubbock Council members will consider the proposals
on April 9, 2024, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as soon thereafter as
may be reasonably convenient, subject to the right to reject any or all proposals and waive any
formalities. The successful offeror will be required to furnish a performance bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that
said contract price exceeds $100,000 and the successful offeror will be required to furnish a payment
bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract
price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a
company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD
COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED.
1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE
CONTRACT BY THE LUBBOCK CITY COUNCIL.
1.10. Please allow time to upload required documentation. 24hrs in advance is recommended.
1.11. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount
not less than 5% of the total amount of the proposal submitted as a guarantee that offeror will enter
into a contract and execute all necessary bonds within ten (10) business days after notice of award of
the contract to the Offeror. FAILURE OF THE OFFEROR TO INCLUDE PROPOSAL
SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON-
RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL
SUBMITTAL.
1.12. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and
downloaded from https://ci-lubbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file
size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET
ACCESS may use computers available at most public libraries.
1.13. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102
Avenue Q, Lubbock, Texas 79405 or at hgp:Hpr.thereproductioncompany.com/ . ONE SET OF
PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM
THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806)
763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be
refunded if documents are returned in good condition within Sixty (60) days of the opening of
Proposals. Additional sets of plans and specifications may be obtained at the offeror's expense.
1.14. It shall be each offeror's sole responsibility to inspect the site of the work and to inform Offeror
regarding all local conditions under which the work is to be done. It shall be understood and agreed
that all such factors have been thoroughly investigated and considered in the preparation of the
proposal submitted.
2. PRE -PROPOSAL MEETING - DELETED
3. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit
proposals in response to this invitation and will not be discriminated against on the grounds of race, color,
sex, disability, or national origin in consideration for an award.
4. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal
meetings and proposal openings are available to all persons regardless of disability. If you require special
assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post
Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK,
Marta Alvarez
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
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GENERAL INSTRUCTIONS TO OFFERORS
Pate Intentionally Left Blank
GENERAL INSTRUCTIONS TO OFFERORS
1. OFFEROR INQUIRIES AND CLARIFICATION OF REQUIREMENTS
1.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It
shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if any
language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the
requirements stated in this RFP to a single source. Such notification must be submitted in writing and
must be received by the City Purchasing and Contract Management Office no later than five (5) calendar
days before the proposal closing date. A review of such notifications will be made.
1.2 NO OFFEROR SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR
PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5)
CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO:
Kiara Morgan, Buyer IV
City of Lubbock
Purchasing and Contract Management Office
1314 Avenue K, Floor 9,
Lubbock, Texas, 79401
Fax: 806-775-2164
Email KMorgan2mylubbock.us
Website: https://ci-lbbock-tx.bonfirehub.com/portal/
2. TIME AND ORDER FOR COMPLETION
2.1 The construction covered by the contract documents shall be substantially completed within 365
Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of
Lubbock to the successful offeror.
2.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure
daily prosecution of the work is conducted every business day until the work is completed, regardless if
the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless
the City determines time off from said prosecution is necessary or reasonable and Contractor received
said determination in writing from the City. Additionally, inclement weather shall be the only other
reason consistent, daily prosecution of the work may not take place on those inclement weather days.
GUARANTEES
3.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within One year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
3.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination,
as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations
will be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
3.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
3.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes
or any document incorporated in this Contract by reference.
4. BASIS OF PROPOSALS AND SELECTION CRITERIA
4.1 The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas
Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is
equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, and
10 points for Construction Time. The selection criteria used to evaluate each proposal includes the
following:
4.1.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal
or, conversely, eliminated solely because of a high initial cost proposal. The following is the
formula used when determining price as a factor for construction contract proposals. The lowest
proposal price of all the proposals becomes the standard by which all price proposals are
evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and
dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the
maximum point value of the price factor for the price score. For Example: (Lowest Price/Current
Proposal Price) x Maximum Point Value = Price Score.
4.1.2 30 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's
qualifications, the City uses the "Contractor's Statement of Qualifications" attached within, past
experience with the contractor and the "Safety Record Questionnaire. The City may also
interview the job superintendent at a time to be named after receipt of proposals.
4.1.3 Each evaluator assigns points based upon the responses the contractor provides in the
"Contractor's Statement of Qualifications", any past experience with the contractor, and on safety
record information submitted. The City may consider any incidence involving worker safety or
safety of Lubbock residents, be it related or caused by environmental, mechanical, operational,
supervision or any other cause or factor under the contractor's control. Evaluators base their rating
primarily upon how well you document previous offenses with the date of the offense, location
where the offense occurred, type of offense, final disposition of the offense, and any penalty
assessed
4.1.4 The "Contractor's Statement of Qualifications" is a minimum.
4.1.4.1 You may provide additional pertinent information relevant to the project for which you
are submitting this proposal in an appendix.
4.1.5 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and
evaluators use the following formula when determining construction time as a factor for
construction contract proposals. The lowest construction time proposal of all the proposals
becomes the standard by which all the construction time proposals are evaluated. One at a time,
each proposal is evaluated by taking the lowest construction time and dividing it by the
construction time of the proposal being evaluated. That fraction is then multiplied by the
maximum point value of the construction time factor for the construction time score. For example:
(Lowest construction time/Current Proposal construction time) x Maximum Point Value =
Construction Time Score)
4.1.6 EVALUATION PROCESS: Evaluators independently review and score each proposal. The
Committee meets, to discuss the individual scores of each evaluator. If the individual scores are
similar, the Chairperson may average the scores then rank offerors accordingly. If the scores are
significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons
for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the
proposals. Scores may then be adjusted by the committee based on committee discussion.
4.1.7 Please note that offerors with higher qualifications scores could be ranked higher than offerors
with slightly better price scores.
4.2 The estimated budget for the construction phase of this project is $300,000.00,
4.3 Proposals shall be made using the forms provided.
GENERAL INSTRUCTIONS TO OFFERORS
(Continued)
5. ADDENDA & MODIFICATIONS
5.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over
the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for
any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES
WITHOUT INTERNET ACCESS may use computers available at most public libraries.
5.2 Any offeror in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Director of Purchasing and Contract Management. At the
request of the offeror, or in the event the Director of Purchasing and Contract Management deems the
interpretation to be substantive, the interpretation will be made by written addendum issued by the
Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract
Management Office will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/
and will become part of the proposal package having the same binding effect as provisions of the original
RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to
have a request for interpretation considered, the request must be submitted in writing and must be
received by the City of Lubbock Purchasing and Contract Management Office no later than five (5)
calendar days before the proposal closing date.
5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any explanation or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP
should be used in preparing proposal responses. All contacts that an offeror may have had before or after
receipt of this RFP with any individuals, employees, or representatives of the City and any information
that may have been read in any news media or seen or heard in any communication facility regarding this
proposal should be disregarded in preparing responses.
5.4 The City does not assume responsibility for the receipt of any addendum sent to offerors
6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS
6.1 Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all
requirements before submitting a proposal to ensure that their proposal meets the intent of these
specifications.
6.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the requirements of
this Request for Proposals. Failure to make such investigations and examinations shall not relieve the
offeror from obligation to comply, in every detail, with all provisions and requirements of the Request
for Proposals.
6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Director of Purchasing and Contract Management and a clarification obtained
before the proposals are received, and if no such notice is received by the Director of Purchasing
and Contract Management prior to the opening of proposals, then it shall be deemed that the
offeror fully understands the work to be included and has provided sufficient sums in its proposal
to complete the work in accordance with these plans and specifications. If offeror does not notify
the Director of Purchasing and Contract Management before offering of any discrepancies or
omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient
and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of proposals.
7. PROPOSAL PREPARATION COSTS
7.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a proposal.
7.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a proposal shall be paid by the offeror.
8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and
keeps the proposals secret during negotiations. All proposals are open for public inspection after the
contract is awarded, but trade secrets and confidential information in the proposals are not open for
inspection. Tex. Loc. Govt. Code 252.049(a)
8.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas
Public Information Act.
8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using
the link provided below.
https://Iubbocktx.govga.us/WEBAPP/_rs/(S(quiyirflbtihahjny, cegwpcs),�RportHome.aspgovga.us/WEBAPP/_rs/(S(quiyirflbtihahjny, cegwpcs),�RportHome.aspx
8.5 For more information, please see the City of Lubbock Public Information Act website at:
hLtps://ci.lubbock.tx.us/pages/Tublic-infonnation-act
9. LICENSES. PERMITS. Taxes
9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the offeror
is or may be required to pay.
10. UTILIZATION OF LOCAL BUSINESS RESOURCES
10.1 Prospective offerors are strongly encouraged to explore and implement methods for the utilization of
local resources, and to outline in their proposal submittal how they would utilize local resources.
11. CONFLICT OF INTEREST
11.1 The offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement
with any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this proposal, the offeror certifies and represents to the City the offeror has not
offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of
special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any
other exercise of discretion concerning this proposal.
11.3It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause
a conflict of interest with the City of Lubbock
11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor
or person considering doing business with a local government entity disclose in the Questionnaire, Form
CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest
with a local government entity. By law, the questionnaire must be filed with the records administrator
of the City of Lubbock not later than the Seventh business day after the date the person becomes aware
of the facts that require the statement to be filed. The questionnaire can be found at:
hLtps://www.ethics.state.tx.us/forms/conflict/
For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000,
Lubbock, Texas, 79457
See Section 176.006, Local Government Code:
http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm.
A person commits an offense if the person violates Section 176.006, Local Government Code.
An offense under this section is a Class C misdemeanor.
12. CONTRACT DOCUMENTS
12.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
12.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
13. CERTIFICATE OF INTERESTED PARTIES
13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government
Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics
Commission before entering into a contract with a local government entity when any of the following
apply:
1) Contract requires an action or vote by the City Council (governing body); OR
2) Contract value is $1 Million or greater; OR
3) Contract is for services that would require a person to register as a lobbyist under Chapter 305
of the Government Code.
This must be done before executing the contract. The disclosure form may be found at
https://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.htm. You must log in and create an
account the first time you fill out the form. Tutorial videos on how to log in for the first time and how
to fill out the form can be found through the link above. After you electronically submit the disclosure
form, a screen will come up confirming the submission and assigning a certificate number. Then, you
must print the form, have an authorized agent complete the declaration and sign, and provide it to the
City (scanned email copy is acceptable).
13.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a
governmental entity or state agency is voidable for failure to provide the disclosure of interested parties
required by this section only if: (1) the governmental entity or state agency submits to the business entity
written notice of the business entity 's failure to provide the required disclosure; and (2) the business
entity fails to submit to the governmental entity or state agency the required disclosure on or before the
loth business day after the date the business entity receives the written notice under Subdivision (1).
14. PLANS FOR USE BY OFFERORS
14.1 It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the
project covered by the contract documents be given a reasonable opportunity to examine the documents
and prepare a proposal without charge. The contract documents may be examined without charge as
noted in the Notice to Offerors.
15. PAYMENT
15.1 All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents.
16. AFFIDAVITS OF BILLS PAID
16.1 The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
17. MATERIALS AND WORKMANSHIP
17.1 The intent of these contract documents is that only materials and workmanship of the best quality and
grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some
detail will not relieve the Contractor of full responsibility for providing materials of high quality and for
protecting them adequately until incorporated into the project. The presence or absence of a
representative of the City on the site will not relieve the Contractor of full responsibility of complying
with this provision. The specifications for materials and methods set forth in the contract documents
provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory
proj ect.
18. PLANS FOR THE CONTRACTOR
18.1 The contractor will, upon written request, be furnished up to a maximum of five sets of plans and
specifications and related contract documents for use during construction. Plans and specifications for
use during construction will only be furnished directly to the Contractor. The Contractor shall then
distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper
prosecution of the work contemplated by the Contractor.
19. PROTECTION OF THE WORK
19.1 The Contractor shall be responsible for the care, preservation, conservation, and protection of all
materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of
construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or
not paid for such work, until the date the City issues its certificate of completion to Contractor. The City
reserves the right, after the proposals have been opened and before the contract has been awarded, to
require of an offeror the following information:
(a) The experience record of the offeror showing completed jobs of a similar nature to the one
covered by the intended contract and all work in progress with bond amounts and percentage
completed.
(b) A sworn statement of the current financial condition of the offeror.
(c) Equipment schedule.
20. TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
21. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
21.1 It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents
in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility
lines, conduits or other underground structures which might or could be damaged by Contractor during
the construction of the project contemplated by these contract documents. The City of Lubbock agrees
that it will furnish Contractor the location of all such underground lines and utilities of which it has
knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned.
All such underground lines or structures, both known and unknown, cut or damaged by Contractor during
the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor
to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense.
22. BARRICADES AND SAFETY MEASURES
22.1 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger
signals, and shall take such other precautionary measures for the protection of persons, property and the
work as may be necessary. The Contractor will be held responsible for all damage to the work due to
failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion
shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's
responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to
Contractor of City's certificate of acceptance of the project.
23. EXPLOSIVES
23.1 The use of explosives will not be permitted
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
24. CONTRACTOR'S REPRESENTATIVE
24.1 The successful offeror shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful offeror shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time
that the work contemplated by this contract is in progress.
25. INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
26. LABOR AND WORKING HOURS
26.1 Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem
wages included in these contract documents. The wage rate that must be paid on this project shall not be
less than specified in the schedule of general prevailing rates of per diem wages as above mentioned.
The offeror's attention is further directed to the requirements of Texas Government Code, Chapter 2258,
Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the
offeror's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in the contract documents does not release the Contractor from compliance with any wage law
that may be applicable. Construction work under this contract requiring an inspector will not be
performed on Sundays or holidays unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
Sundays or holidays will be made by the Owner's Representative.
26.3In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
27. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
shall keep a record showing the name and occupation of each worker employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to each
worker. This record shall be open at all reasonable hours to inspection by the officers and agents
of the City. The Contractor must classify employees according to one of the classifications set forth in
the schedule of general prevailing rate of per diem wages, which schedule is included in the contract
documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract
is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion
thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular
classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
28. PROVISIONS CONCERNING ESCALATION CLAUSES
28.1 Proposals submitted containing any conditions which provide for changes in the stated proposal price
due to increases or decreases in the cost of materials, labor or other items required for the project will be
rejected and returned to the offeror without being considered.
29. PREPARATION FOR PROPOSAL
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form
shall be correctly filled in, stating the price in numerals for which he intends to do the work
contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and
legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a
bid item, the unit price will be taken. A bid that has been opened may not be chanted for the
purpose of correcting an error in the bid price.
29.2If the proposal is submitted by an individual, his name must be signed by him or his duly authorized
agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each
member must be given and the proposal signed by a member of the firm, association or partnership, or
person duly authorized. If the proposal is submitted by a company or corporation, the company or
corporate name and business address must be given, and the proposal signed by an official or duly
authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink.
29.3 Pursuant to Texas Local Government Code 252.043(2), a competitive sealed proposal that has been
opened may not be chanted for the purpose of correcting an error in the proposal price.
THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE
PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the
proposals, but no proposal may be withdrawn or altered thereafter.
30. BOUND COPY OF CONTRACT DOCUMENTS
30.1 Offeror understands and agrees that the contract to be executed by offeror shall be bound and include the
following:
(a) Notice to Offerors.
(b) General Instructions to Offerors.
(c) Offeror's Submittal.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to offeror for his inspection in accordance with
the Notice to Offerors.
30.2If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
31. QUALIFICATIONS OF OFFERORS
31.1 The offeror may be required before the award of any contract to show to the complete satisfaction of the
City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service
specified therein in a satisfactory manner. The offeror may also be required to give a past history and
references in order to satisfy the City of Lubbock about the offeror's qualifications. The City of Lubbock
may make reasonable investigations deemed necessary and proper to determine the ability of the offeror
to perform the work, and the offeror shall furnish to the City of Lubbock all information for this purpose
that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal
may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of
Lubbock that the offeror is properly qualified to carry out the obligations of the contract and to complete
the work described therein. Evaluation of the offeror's qualifications shall include but not be limited to:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the
service required.
(b) The ability of the offeror to perform the work or provide the service promptly or within the
time specified, without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the offeror
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
(f) The experience and qualifications of key project personnel
(g) Past experience with the Owner
31.2 Complete and submit the PROPOSED List of Sub -Contractors. Seven (7) business days after closing,
complete and submit the FINAL List of Sub -contractors.
(a) If no sub -contractors will be used please indicate so.
31.3 Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list
of ALL similar municipal and similar non -municipal current and completed projects for the past five (5)
years for review. This list shall include the names of supervisors and type of equipment used to perform
work on these projects. In addition, the Contractor may be required to provide the name(s) of
supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock
specifications herein.
32. SELECTION
32.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most
advantageous to the City of Lubbock considering the relative importance of evaluation factors included
in this RFP.
32.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR
OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY
TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES,
UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR
PROPOSAL.
32.3 The City shall select the offeror that offers the best value for the City based on the published selection
criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected
offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope
or time modification and any price change associated with the modification. If the City is unable to
negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations
with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is
reached or all proposals are rejected.
32.4In determining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
32.5A proposal will be subject to being considered irregular and may be rejected if it shows omissions,
alterations of form, conditional alternate proposals, additions or alternates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected
values), or irregularities of any kind.
33. ANTI -LOBBYING PROVISION
33.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT
AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT
DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY
COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK
PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES,
BRIEFINGS, INTERVIEWS, OR PRESENTATIONS.
33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
34. PROTEST
34.1 All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing
and Contract Management within 5 working days after the protesting party knows of the occurrence of
the action which is protested relating to advertising of notices deadlines, proposal opening and all other
related procedures under the Local Government Code, as well as any protest relating to alleged
improprieties with the RFP process. This limitation does not include protests relating to staff
recommendations as to award of contract. Protests relating to staff recommendations may be directed to
the City Manager. All staff recommendations will be made available for public review prior to
consideration by the City Council as allowed by law.
FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A
WAIVER OF ANY PROTEST.
35. PREVAILING WAGE RATES
35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates,
with respect to the payment of prevailing wage rates for the construction of a public work, including a
building, highway, road, excavation, and repair work or other project development or improvement, paid
for in whole or in part from public funds, without regard to whether the work is done under public
supervision or direction. A worker is employed on a public work if the worker is employed by the
contractor or any subcontractor in the execution of the contract for the project.
35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than
the general prevailing rate of per diem wages for the work of a similar character in the locality in which
the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday
and overtime work.
35.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the
City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker
is paid less than the wage rates stipulated in the contract.
TEXAS GOVERNMENT CODE § 2269
SUBCHAPTER D.
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a)
In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity
requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor
for the construction, rehabilitation, alteration, or repair of a facility.
(b) In selecting a contractor through competitive sealed proposals, a governmental entity shall
follow the procedures provided by this subchapter.
Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or
designate an architect or engineer to prepare construction documents for the project. The selected or
designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051,
Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the
governmental entity, the governmental entity shall select the engineer or architect on the basis of
demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request
for competitive sealed proposals that includes construction documents, selection criteria and the weighted
value for each criterion, estimated budget, project scope, estimated project completion date, and other
information that a contractor may require to respond to the request. The governmental entity shall state in
the request for proposals the selection criteria that will be used in selecting the successful offeror.
Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive,
publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors.
(b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity
shall evaluate and rank each proposal submitted in relation to the published selection criteria.
Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror
that submits the proposal that offers the best value for the governmental entity based on:
(1) the selection criteria in the request for proposal and the weighted value for those criteria in the request
for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a
contract with the selected offeror. The governmental entity and its architect or engineer may discuss with
the selected offeror options for a scope or time modification and any price change associated with the
modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected
offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and
proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals
are rejected. In determining best value for the governmental entity, the governmental entity is not restricted
to considering price alone, but may consider any other factor stated in the selection criteria.
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PROPOSAL SUBMITTAL FORM
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
LUMP SUM PROPOSAL CONTRACT
DATE. 03/13/2024
PROJECT NUMBER: RFP 24-17766-KM Damage Repair Services to Mac Davis and Avenue X
Roundabout
Proposal of West Texas Services, Inc. DBA Tom's Tree Place (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 construction of the referenced 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
Burro -.coding the construction of the intended project including the availability of materials and labor, hereby
intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans,
specifications and contract documents, within the time set forth therein and at the price stated. The price to
cover all expenses incurred in performing the work required under the contract documents.
PROPOSED CONSTRUCTION TIME:
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: 365 (to Substantial Completion)
TOTAL CONSECUTIVE CALENDAR DAYS: 400 (to Final Completion)
not to exceed 365 consecutive calendar days to Substantial Completion / 400 consecutive calendar days
to Final Completion).
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 365 Consecutive Calendar Days
with final completion within 400 Consecutive Calendar Days as stipulated in the specification and other
contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for
each consecutive calendar day after substantial completion and liquidated damages in the sum of$25 for each
consecutive calendar day after final completion set forth herein above for completion of this project, all as
more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the
Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The
Offeror agrees that this proposal shall be good for a period of sixty 60 calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this proposal,
and he further agrees to commence work on the date specified in the written notice to proceed, and to
substantially complete the work on which he has proposed; as provided in the contract documents.
City of Lubbock, TX
Business Development
RFP 24-17766-KM
Damage Repair Services to Mac Davis and Avenue X Roundabout
West Texas Services, Inc. dba Tom's Tree Place
Items
QTY
+T- U/M Materials
Lump Sum Bid
40-1 Damage Repair Services to Roundabout, as specified. 1 LS $305,658.00
Total :
Labor
$119,382.00
$425,040.00
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (S%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with
this proposal is a Cashier's Check or Certified Check for
Dollars ($_ } or a Proposal Bond in the sum of 5%
Dollars ($ ), which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event the proposal is accepted by the Owner and the undersigned
fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within ten (10) business days after the date of receipt of written
notification of acceptance of said proposal; otherwise, said check or bond shall be returned
to the undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound
and include all contract documents made available to him for his inspection in accordance with
the Notice to Offerors.
Pursuant to Texas Local Government Code
252.043(g), a competitive sealed proposal that
has been opened may not be changed for the
purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS
TO THE PROPOSAL PRICE MUST BE MADE
ON THE PROPOSAL SUBMITTAL FORM
PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
A
V
Secretary
Offeror acknowledges receipt of the following addenda:
Addenda No. N/A
Addenda No.
Addenda No.
Addenda No.
Date: 03/13/2024
Author' d ignature
Alex Scarboro
(Printed or Typed Name)
Tom's Tree Place
Company
5104 34th Street
Address
Lubbock Lubbock
5
City, County
Texas 79410
State Zip Code
Date N/A Telephone: 806 - 799-3677
Date Fax: -
Date Email: Alexs@tomstreeplace.com
Date FEDERAL TAX ID or SOCIAL SECURITY
No.
MIWBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other f Snecifvl
S u reTe c
IV
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we WEST TEXAS SERVICES, INC. dba TOMS TREE PLACE as
principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite
320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF
LUBBOCK as obligee, hereinafter called the Obligee, in the sum of FIVE Percent (5%) of the Amount Bid by
Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the principal has submitted a bid for RFP 24-17766-KM - DAMAGE REPAIR SERVICES TO MAC
DAVIS AND AVENUE X ROUDABOUT.
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 141h day of MARCH, 2024.
Sure7ec Bid Bond Rev 1.1,06
POA# 4221762
JOINT LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its
principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state
of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Howard Cowan, Marla Hill
Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on
their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however,
that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Twenty Million and 00/100 Dollars ($20,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec
Insurance Company and Markel insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer
and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or
acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute €n behalf of, and
acknowledge as the act and deedof the SureTec Insurance Company and Markel Insurance Company, as the case maybe, all bond undertakings and contracts of
suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be
signed by their duly authorized officers on the 9th day of February , 2022 .
SureTec Insurance Company
By;
Michael C. Keimig, Preside
State of Texas
County of Harris:
,`��urrttrrr� Markel surarceC pony
:Os_
�fuJ a SEAS .-u By
�,�. 1 5 � •.y,. �`: l indey Jen14 nings; Vice resident
On this Bth day of February , 2022 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified,
came THE ABOVE OFFICERS OF THE COMPANIES, tome personalty known to be the individuals and officers described in, who executed the preceding instrument, and
they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the
seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed
and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies
referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
,;SpRY AVM':,
XENIA RIVAS
Notary Public State of Texas By:
Commission # 129117659 xpp as, Not ry Public
Commission Expires 9/10124 My co mission expires 9/10/2024
We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, an the 14th day of 2024.
S reTec I n/su, nce Compa y
By: t
M. Br t Beaty, As stant Secre ry
By:
MInY cnsrrumens Issued In excess or the penny stamo amve is rorany vain ano wrrnoar anyvaJI0Iry. 4221 M2
For verification of the authority of this Power you may tail (713 )812 -0800 on any business day between 8:30 AM and 5:00 PM CST.
Contractors Statement of Qualifications
Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the
Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate
evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following
Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of
the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER.
In evaluating a firm's qualifications, the following major factors will be considered:
A. FINANCIAL CAPABILITY:
For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the
CONTRACTOR'S ability to secure bonding satisfactory to the OWNER.
B. EXPERIENCE:
Do the organization and key personnel have appropriate technical experience on similar projects?
C. SAFETY:
Does the organization stress and support safety as an important function of the work process?
D. QUALITY OF WORK:
(1) Does the organization have a commitment to quality in every facet of their work - the process as well
as the product?
(2) Does the organization have a written quality philosophy and/or principles that exemplifies their
work? If so, submit as Attachment "A".
(3) Has this organization ever received an award or been recognized for doing "quality" work on a
project? If so, give details under Attachment "A".
E. CONFORMANCE TO CONTRACT DOCUMENTS:
(1) Does the organization have a commitment and philosophy to construct projects as designed and as
defined in the Contract Documents?
The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to
require the submission of additional information.
The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the
lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non-
responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and
developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm.
Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any
such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of
the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER
resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages.
Complete the following information for your organization:
Contractor's General Information
Organization Doing Business As
West Texas Services, Inc. DBA Tom's Tree Place
Business Address of Principle Office
5104 34th Street
Lubbock, Texas 79401
Telephone Numbers
Main Number
(806) 799-3677
Fax Number
(806) 786-6620
Web Site Address
https://tomstreeplace.com/
Form of Business (Check One)
If a Corporation
Date of Incorporation
x I A Corporation A Partnership L_LAn Individual
December 1965
State of Incorporation
Texas
Chief Executive Officer's Name
President's Name
Alex Scarborough
Vice President's Name(s)
Tom M. Scarborough
Scott Scarborough
Dale Rowin
Secretary's Name
Shellie Scarborough
Treasurer's Name
PartnershipIf a
Date of Organization
Shellie Scarborough
N/A
State whether partnership is general or
limited
If an
Name Individual
N/A
Business Address
Identify1 1uals not previously 1 which exert a significant amountof business controlover the
organization
N/A
Indicators of Organization
Average Number of Current Full Time 43 Average Estimate of Revenue for the
Employees Current Year $11,000,000.00
Contractor's Organizational Experience
Organization Doing Business As
West Texas Services, Inc. DBA Tom's Tree Place
Business Address of Regional Office
5104 34th Street
Lubbock Texas 79401
Name of Regional Office Manager
Telephone Numbers
806 799-3677
Main Number
(806) 786-6620
Fax Number
https://tomstreeplace.com/
Web Site Address x
Organization
List of names that this organization currently, has or anticipates operating under over the history of the organization,
including the names of related companies presently doing business:
Names of Organization
From Date
To Date
Patterned Concrete of Lubbock
1987
Present
List of companies, firms or organizations that own any part of the
organization.
Name of companies, firms or organization
Percent Ownership
N/A
Construction Experience
Years experience in projects similar to the proposed project:
As a General Contractor
1 50 years
I As a Joint Venture Partner
Has this or a predecessor organization ever defaulted on a project or failed to complete any work
awarded to it?
N
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization been released from a bid or proposal in the past ten years?
No
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever been disqualification as a bidder or proposer by any
local, state, or federal agency within the last five ears?
No
If yes provide full details in a separate attachment. See attachment No.
Is this organization or your proposed surety currently in any litigation or contemplating
litigation?
No
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever refused to construct or refused to provide materials
defined in the contract documents?
No
If yes provide full details in a separate attachment. See attachment No.
Contractor's Proposed Key Personnel
Organization Doing Business As West Texas Services, Inc. DBA Tom's Tree Place
Proposed Project Organization
Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart.
Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment
No.
Organizational Chart No. 1
Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational
cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this
description. See attachment No.
Organizational Chart No. 2
Experience of Key Personnel
Provide information on the key personnel proposed for this project that will provide the following key functions.
Provide information for candidates for each of these positions on the pages for each of these key personnel. Also
provide biographical information for each primary and alternate candidate as an attachment. The biographical
information must include the following as a minimum: technical experience, managerial experience, education and
formal training, work history which describes project experience, including the roles and responsibilities for each
assignment, and primary language. Additional information highlighting experience which makes them the best
candidate for the assignment should also be included.
Role
Primary Candidate
Alternate Candidate
Project Manager
Tanner Hensel
Project Superintendent
Lendle Monden
Frank Bennett
Project Safety Officer
Lendle Monden
Frank Bennett
Quality Control Manager
Lendle Monden
Frank Bennett
If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much
time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will
be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided
between this project and their other assignments.
Proposed Project Managers
Organization Doing Business As West Texas Services, Inc. DBA Tom's Tree Place
CandidatePrimary
Name of Individual Tanner Hensel
Years of Experience as Project Manager
10
Years of Experience with this organization
12
Number of similar projects as Project Manager
50-100
Number of similar projects in other positions
25-50
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
Balmorhea ISD K-12 School
20%
TBD
Reference Contact
Information(listing names indicates ap roval to contacting the names individuals as a refercncc)
Name
Gary Clark
Name
John Chappel
Title/ Position
Owner
Title/ Position
Superintendent
Organization
Brandon & Clark
Organization
Teinert Commercial Construction
Telephone
806 789-4700
Telephone
806 224-6150
E-mail
garyc@brandonclark.com
E-mail
jchappell@teinert.com
Project
Brandon and Clark Landscape Reno.
Project
The Cash Family Ranch Life
Candidate role on
Project
CandidateAlternate
Name of Individual
Landscape Architect & Project
Mana er
Candidates role Learning Center at th NRHC
on Project PM for Landscape Sub Contractor_
N/A
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
•
Name
approval
Name
Title/ Position
Title/ Position
Organization
Organization
Telephone
Telephone
E-mail
E-mail
Project
Project
Candidate role on
Project
Candidate role on
Project
(TTP)
Proposed Project Superintendent
Organization Doing Business As
CandidatePrimary
Name of Individual
West Texas Services, Inc. DBA Tom's Tree Place
Lendle Monden
Years of Experience as Project Superintendent
17
Years of Experience with this organization
17
Number of similar projects as Superintendent
50-100
Number of similar projects in other positions
N/A
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
N/A
Reference Contact
Information(listing names indicates ap roval to contacting the names individuals as a reference)
Name
David Meadows
Name
John Chappel
Title/ Position
Project Superintendent
Title/ Position
Superintendent
Organization
Lee Lewis Construction
Organization
Teinert Commercial Construction
Telephone
(806) 548-0445
Telephone
806 224-6150
E-mail
dmeadows@leelewis.com
E-mail
jchappell@teinert.com
Project
Centennial Park Midland
Project
The Cash Family Ranch Life
Candidate role on
Project
CandidateAlternate
Name of Individual
TTP Superintendent
I
Candidate role on Learning Center at th NRHC
I Project TTP Superintendent
Frank Bennett
Years of Experience as Project Superintendent
25
Years of Experience with this organization
25
Number of similar projects as Superintendent
50-100
Number of similar projects in other positions
N/A
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
N/A
Reference Contact
Name
Informationapproval
Michael Haverdink
Name
Jacobs Weems
Title/ Position
Project Manager
Title/ Position
Project Manager
Organization
Sandia Construction
Organization
Lee Lewis Construction
Telephone
806 544-1939w
Telephone
(806) 407-7772
E-mail
michael@sandiaconstruction.com
E-mail
jaweems@leelewis.com
Project
Texas Tech Museum
Project
TTU Weeks Hall
Candidate role on
Project
Superintendent
Candidate role on
Project
Superintendent
Proposed Project Safety Officer
Organization Doing Business As JWest Texas Services, Inc. DBA Tom's Tree Place
CandidatePrimary
Name of Individual Lendle Monden
Years of Experience as Project Safety Officer
17
Years of Experience with this organization
17
Number of similar projects as Safety Officer
50-100
Number of similar projects in other positions
N/A
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
Reference Contact
Information(listing names indicates ap roval to contacting the
names individuals as a reference)
Name
David Meadows
Name
John Chappel
Title/ Position
Project Superintendent
Title/ Position
Superintendent
Organization
Lee Lewis Construction
Organization
Telephone
806 548-0445
Telephone
806 224-6150
E-mail
dmeadows@leelewis.com
E-mail
'chappell@teinert.com
Project
Centennial Park Midland
Project
The Cash Family Ranch Life
Candidate role on
Project
CandidateAlternate
Name of Individual
TTP Superintendent
Candidate role on Learning Center at th NRHC
Project
Frank Bennett
Years of Experience as Project Safety Officer
25
Years of Experience with this organization
25
Number of similar projects as Safety Officer
0-100
Number of similar projects in other positions
LA
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
N/A
•
Name
approval
Mirhael Haverdink
Name
Weems
Title/ Position
Prooect Manager
—Jacob-
Title/ Position
Organization
rnnilin ronctnirfinn
Organization
Telephone
(806) 544-1 919w
Telephone407-7772
E-mail
E-mail
Project
Project
Candidate rolJonuperintendent
Project
Candidate role on
Project
Superintendent
Proposed Project Quality Control Manager
Organization Doing Business As
CandidatePrimary
Name of Individual
West Texas Services, Inc. DBA Tom's Tree Place
Lendle Monden
Years of Experience as Quality Control Manager
17
Years of Experience with this organization
17
Number of similar projects as Quality Manager
50-100
Number of similar projects in other positions
N/A
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
N/A
Reference Contact
Information(listing names indicates ap roval to contacting the names individuals as a reference
Name
David Meadows
Name
John Chappel
Title/ Position
Project Superintendent
Title/ Position
Superintendent
Organization
Lee Lewis Construction
Organization
Teinert Commercial Construction
Telephone
(806) 548-0445
Tele hone
806 224-6150
E-mail
dmeadows@leelewis.com
E-mail
jchappell@teinert.com
Project
Centennial Park Midland
Project
The Cash Family Ranch Life
Candidate role on
Project
CandidateAlternate
Name of Individual
TTP Superintendent
Candidate role on Learning Center at th NRHC
Project TTP Superintendent
Frank Bennett
Years of Experience as Quality Control Manager
25
Years of Experience with this organization
25
Number of similar projects as Quality Manager
50-100
Number of similar projects in other positions
N/A
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
N/A
Reference Contact
Name
Informationapproval
Michael Haverdink
Name
Jacobs Weems
Title/ Position
Project Manager
Title/ Position
Project Manager
Organization
Sandia Construction
Organization
Lee Lewis Construction
Telephone
806 544-1939w
Telephone
(806) 407-7772
E-mail
michael@sandiaconstruction.com
E-mail
jaweems@leelewis.com
Project
Texas Tech Museum
Project
TTU Weeks Hall
Candidate role on
Project
Superintendent
Candidate role on
Project
Superintendent
Contractor's Project Experience and Resources
Organization Doing Business As I West Texas Services, Inc. DBA Tom's Tree Place
Provide a list of major projects that are currently underway, or have been completed within the last ten years on
Attachment A
Provide a description of your organizations approach to completing this project to provide best value for the Owner.
Including a description of your approach in the following areas:
1. Contract administration
2. Management of subcontractor and suppliers
3. Time management
4. Cost control
5. Quality management
6. Project site safety
7. Managing changes to the project
8. Managing equipment
9. Meeting HUB / MWBE Participation Goal
Equipment
Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary
Equipment Item
Primary Use on Project
Own
B ill
Lease
Attachment A
Division of Work between Organization and Subcontractor
What work will the organization complete using its own resources?
Demo
Hardscape
Landscape
Irrigation
What work does the organization propose to subcontract on thisproject?
Electrical
Masonry
Site Services (le: Concrete Wash Out)
Contractor's Subcontractors and Vendors
Organization Doing Business As
West Texas Services, Inc. DBA Tom's Tree Place
Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts
Name
Work to be Provided
Est. Percent
of Contract
HUB/MWBE
Firm
Metro City electric
Electrical Scope
30%
No
Steve Plank Masonry
Masonr
1%
No
Forza Site Services
Site Services
1%
No
Provide information on the proposed key personnel, project experience and a description of past relationship and work
experience for each subcontractor listed above using the Project Information Forms.
Equipment.•
Provide a list of major equipment ro osed for use on this project. Attach Additional Information if ary
Vendor Name
Equipment / Material Provided
Furnish
Only
Furnish
and
Install
HUB/M
WBE
Firm
10
Attachment A
Current Projects and Project Completed within the last 10 Years
Project Owner
INational Ranching Heritage Center at TTU I
Project Name
I The Cash Family Ranch Life Learning Center
General Description of Project: Landscape, Hardscape, Irrigation, Play Surface, Rainwater Harvesting, Water Feature
Project Cost
$927,720.00
1Date Project Completed
I SEP 2023
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name
Tanner Hensel
Lendle Monden
Lendle Monden
Lendle Monden
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Rick Richeda
Sr. Program Director
TTU FP&C
(806) 742-2116
Rick.Richeda@ttu.edu
Designer
Jason Hodges
Landscape Architect
Prairie Workshop
(806) 773-1508 jhodE
es@prarieworkshop.com
Construction Manager
Parker Hutchens
Project Manager
Teinert Construction
(806) 445-1505
phutchens@teinert.com
Project Owner
City of Lubbock I
Project Name
Roy Furr Pioneer Park
General Description of Project: Landscape, Hardscape, Irrigation, Fencing, Electrical, Playground, Athletic Improvements, Monument Sign
Project Cost
$1,727,979.00
1 Date Project Completed
I AUG 2023
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name
Tanner Hensel
Lendle Monden
Lendle Monden
Lendle Monden
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Brianna Brown
Director
Business Development
(806) 775-3082
bbrown@mylubbock.us
Designer Chad Dietz, RLA
Brent Clifford, PLA
Landscape Architect
Parkhill
806.473.3618
BClifford@Parkhill.com
Construction Manager
Tanner Hensel
Project Manager
Tom's Tree Place
Project Owner
7LEPAA
Project Name
Buddy Holly Hall
General Description of Project: Landscape, Hardscape, Irrigation
Project Cost
$1,999,301
Date Project Completed
JJan 2021
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name
Tanner Hensel
Frank Bennett
JFrank Bennett
Frank Bennett
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Rob Allison
Owner's Rep
LEPAA
(806) 747-3200
info@lepaa.org
Designer
Chad Davis
Landscape Architect
Park Hill
(806) 438-1345
cdavis@team-psc.com
Construction Manager
Sasha Mandikian
Superintendent
Lee Lewis Construction
1 (806) 543-6350
pmandikian@leelewi=
Attachment B
Project Information
Project Owner I
National Ranching Heritage Center at TTU
Project Name
I The Cash Family Ranch Life Learning Center
General Description of Project Landscape, Hardscape, Irrigation, Play Surface, Rainwater Harvesting, Water Feature
Budget History
Schedule Performance
Amount
% of Bid
Amount
Date
Days
Bid
$865,000.00
Notice to Proceed
12/13/22
Change Orders
$62,720.00
Contract Substantial Completion Date at Notice to Proceed
Owner Enhancements
Contract Final Completion Date at Notice to Proceed
Unforeseen Conditions
Change Order Authorized Substantial Completion Date
Design Issues
Change Order Authorized Final Completion Date
Total
$62,720.00
7.2%
Actual / Estimated Substantial Completion Date
Final Cost $927,720.00
ProjectKey •
Actual / Estimated Final Completion Date SEP/23
Project Manager Project Sup Safety Officer Quality Control
Manager
Name
Tanner Hensel
Lendle Monden
Lendle Monden
Lendle Monden
Percentage of Time Devoted to the Project
75%
100%
100%
100%
Proposed for this Project
50%
100%
100%
100%
Did Individual Start and Complete the Project?
Yes
Yes
Yes
Yes
If not, who started or completed the project in their place.
Reason for change.
Reference Contact Information
(listing names indicates approval to contacting the names individuals as a reference)
Name Title/ Position Organization
Telephone E-mail
Owner
Rick Richeda
Sr. Program Director
TTU FP&C
806 742-2116
Rick.Richeda@ttu.edu
Designer
Jason Hodges
Landscape Architect
Prairie Workshop
806 773-1508 ho
es rarieworksho .com
Construction Manager
Parker Hutchens
Project Manager
Teinert Construction
806 445-1505
phutchens@teinert.com
Sure
I _111AMI M a 8 18 r-4 M � 91 C no M ra "'my r M. I Oki co
Number of Issues N/A Total Amount involved in N/A Number of Issues N/A Total Amount involved in N/A
Resolved Resolved Issues PendingResolved Issues
Attachment B
Protect Information
Project Owner
City of Lubbock
Project Name
Roy Furr Pioneer Park
General Description of Project Landscape, Hardscape, Irrigation, Fencing, Electrical, Playground, Athletic Improvements, Monument Sign
Project Budgetand Schedule Performance
Budget History Schedule Performance
Amount
% of Bid
Amount
Business Development
Date
Days
y
Bid
$1,622,000.00
Notice to Proceed
09/12/22
Change Orders
$105,979.00
Contract Substantial Completion Date at Notice to Proceed
Owner Enhancements
$105,979.00
Contract Final Completion Date at Notice to Proceed
Unforeseen Conditions
Change Order Authorized Substantial Completion Date
Design Issues
Change Order Authorized Final Completion Date
Total
$105,979.00
6.7%
Actual / Estimated Substantial Completion Date
Final Cost $1,727,979.00
ProjectKey •
Actual / Estimated Final Completion Date 06/27/23
Project Manager Project Sup Safety Officer Quality Control
Manager
Name
Tanner Hensel
Lendle Monden
Lendle Monden Lendle Monden
Percentage of Time Devoted to the Project
25%
75%
75% 75%
Proposed for this Project
25%
75%
75% 75%
Did Individual Start and Complete the Project?
If not, who started or completed the project in their place.
Reason for change.
Reference Contact Information
(listing names indicates approval to contacting the names
Name Title/ Position
individuals as a reference)
Organization Telephone
E-mail
Owner
Brianna Brown
Director
Business Development (806) 775-3082 bbrown@mylubbock.us
Designer Chad Dietz,
RLA/Brent Clifford, PLA
Landscape Architect
Parkhill 806.473.3618 BClifford@Parkhill.com
Construction Manager
Tanner Hensel
Project Manager
Tom's Tree Place
Surety
Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute Review Boards
Number of issues Total Amount involved in Number of issues Total Amount involved in
Resolved Resolved issues Pending Resolved issues
Attachment B
Proiect Information
Project Owner
LEPAA
Project Name
Buddy Holly Hall
General Description of Project
Landscape, Hardscape, Irrigation
Project Budgetand Schedule Performance
Budget History Schedule Performance
Amount
% of Bid
Amount
Date
Days
Bid
$1,864,529.00
Contract Date
07/02/19
Change Orders
$134,772.00
Contract Substantial Completion Date at Notice to Proceed
Owner Enhancements
$134,772.00
Contract Final Completion Date at Notice to Proceed
Unforeseen Conditions
Change Order Authorized Substantial Completion Date
Design Issues
Change Order Authorized Final Completion Date
Total
$134,772.0
>1%
Actual / Estimated Substantial Completion Date
Final Cost 1 9 99 301
ProjectKey •
Actual / Estimated Final Completion Date 03/02/21
Project Manager Project Sup Safety Officer Quality Control Manager
Name
Tanner Hensel
Frank Bennett
Frank Bennett Frank Bennett
Percentage of Time Devoted to the Project
80%
100%
100% 100%
Proposed for this Project
50%
100%
100% 100%
Did Individual Start and Complete the Project?
Yes
Yes
Yes Yes
If not, who started or completed the project in their place.
Reason for change.
Reference Contact Information
(listing names indicates approval to contacting the names individuals as a reference)
Name Title/ Position Organization Telephone
E-mail
Owner
Rob Allison
Owner's Rep
LEPAA (806) 747-3200 info@lepaa.org
Designer
Chad Davis
Landscape Architect
Park Hill (806) 438-1345 cdavis@team-psc.com
Construction Manager
Sasha Mandikian
Superintendent
Lee Lewis Construction (806) 543-6350 smandikian@leelewis.com
Surety N/A N/A N/A
Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute Review Boards
Number of Issues N/A Total Amount involved in N/A Number of Issues N/A Total Amount involved in N/A
Resolved Resolved Issues Pending Resolved Issues
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TREE PLACE
Tom's Tree Place
5104 34t" Street
Lubbock, Texas 79410
(806) 799-3677
https://tomstreeplace.com/
Appendix to Statement of Qualifications
Financial Capability
Tom's Tree Place has the ability to secure bonding satisfactory to the contract requirements. TTP is
bonded by Suretec Insurance Company and us represented by the Cowan -Hill Bond Agency. TTP's single
bond limit is $3,500,000.00 and the aggregate limit is $7,000,000.00. A 5% Bid Bond is included with the
bid per the bid documents.
Experience
Tom's Tree Place has key personnel and subcontractors with applicable technical experience to
successfully complete this project.
Safety
Tom's Tree Place take the safety of our employees very seriously. TTP maintains worker's comp insurance
and conforms with all OSHA reporting and training requirements. At TTP the project superintendent also
functions as the safety officer, to ensure a controlled and safe job site for it's employees and sub-
contractors. Included in this bid is our safety program, certificate of insurance, and workers comp
experience rating.
Quality of Work
Tom's Tre Place is committed to quality in our construction. TTP employes a highly experienced staff of
landscape architects that also function as both the estimator and project manager. TTP's hardscape crew
leaders typically function as the project superintendents and safety office. TTP ensures quality in its
contracted projects, because the landscape architects and superintendents are completely integrated in
all areas of the project and work together to manage the on site staff of horticulturalist, arborist,
irrigators, landscapers, hardscape professionals and sub -contractors working on site. TTP regularly self -
inspects it's own work for quality and conformity with expectations required by the contract documents
including the project manual and drawings.
Conformance to Contract Documents
Tom's Tree Place will take all necessary action to complete the contracted scope of work. Tom's tree
place will conform with all required scheduling, billing, procurement, documentation, communication
and installation practices to ensure a continued reputation of excellence and positive relationship with
the surrounding neighbors of the project site and the City of Lubbock.
Awards
Tom's Tree Place is an award winning construction company. TTP's most recent award is the Patterned
Concrete Global 2024 Project of the Year
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TREE PLACE
Tom's Tree Place
5104 34t" Street
Lubbock, Texas 79410
(806) 799-3677
https://tomstreeplace.com/
Description of Tom's Tree Place's approach to completing the Damage Repair Services to Mac Davis
and Ave X Roundabout Project and how we will provide the Best Value for the Owner.
This project brings together a group of experienced contractors that have completed many successful
large-scale projects. The understanding, experience, and contacts we bring to the job has proven to be
valuable in the past and will again on this project.
Contract Administration: All work on this project will be bonded and insured. Each individual sub-
contractor will have their own general liability insurance and worker's compensation insurance. Daily
reports will be reported to Tom's Tree Place office for work completed and will document any issues
encountered. A monthly pay application will be compiled for all work completed and in place monthly.
This will be turned into the City of Lubbock's project representative in a timely fashion.
Management of Sub -Contractors and Suppliers: There are some long lead-time items in this contract.
Tom's Tree Place will insure all items for this project will be ordered upon Project Contract receipt. Each
sub -contractor is aware of the timeliness of this project and will perform accordingly. The sub-
contractors to Tom's Tree Place will promptly report any delays by manufactures and the City will be
informed immediately. Because of our history in dealing with these manufactures, we currently do not
anticipate any issues.
Time Management: Every successful project has a basic understanding that time is money. We will
strive to make good progress every day that we are on the job and to keep our crew engaged every day
until we are complete. It is in all of the parties' interest to complete this project promptly.
Quality Management: Tom's will diligently be checking grades, lines on all hardscape elements. At
times, we have encountered challenges with existing underground utilities that have required project
adjustments. When and if we encounter these we will notify the City and provide a solution to resolve
the issue. All material used on the project will meet or exceed the specifications.
Protect Site Safety: We will diligently attempt to identify any potential hazards and work to protect the
public and our employees from potential risks. We will use road cones, flaggers, barricades,
construction fence and other means to protect our employees and citizens. Employees working on site
will be involved in safety meetings to discuss the hazards that they may encounter or create and
strategies for mitigating those.
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TREE PLACE
Managing Changes to the Protect: Rarely a project is installed exactly as designed. This is something
we deal with daily. Some of these changes are identified early and some will present themselves at less
convenient times. Each change will be reported to the Owner, along with a proposed solution or option.
Timeliness of all parties involved is important when each of these changes arise.
Managing Equipment: Tom's Tree Place and our sub -contractors have developed tools, procedures and
equipment to allow us to best complete our work. This has allowed us to deliver completed projects in a
timely fashion that is executed with excellence. All equipment will be used in a safe manner, and will
only be operated by those who have been adequately trained.
Meeting HUB/MWBE Participation Goal: Tom's Tree Place strives to identify and seek proposals from
companies that are HUB qualified. Currently we have not identified any companies for this project that
meet the HUB qualifications.
The BEST VALUE for the citizens of Lubbock is a project that will deliver a quality product that will be
completed safely, in a timely fashion. Tom's Tree Place has assembled a team with vast experience in
the landscape industry, so that we can offer the highest quality work. We pride ourselves in making our
community a more functional and beautiful place to live; and we strive to deliver a project that will meet
and exceed the expectations of our citizens.
Tom's Tree Place
5104 34t" Street
Lubbock, Texas 79410
(806) 799-3677
https://tomstreeplace.com/
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TREE PLACE
Quality Control Program
Quality of Work
Tom's Tre Place is committed to quality in our construction. TTP employes a highly experienced staff of
landscape architects that also function as both the estimator and project manager. TTP's hardscape crew
leaders typically function as the project superintendents and safety office. TTP ensures quality in its
contracted projects, because the landscape architects and superintendents are completely integrated in
all areas of the project and work together to manage the on site staff of horticulturalist, arborist,
irrigators, landscapers, hardscape professionals and sub -contractors working on site. TTP regularly self -
inspects it's own work for quality and conformity with expectations required by the contract documents
including the project manual and drawings.
Procedures:
Tom's Tree Place will ensure quality of work and performance by employing the following practices:
1. Providing and complying with all submittal procedures as required by the contract
documents.
2. Participating in all coordination and project meetings with other trades, management,
architectural specifiers, and the owner's rep.
3. Schedule all inspections and material testing as specified in the contract documents.
4. Performing daily checks and self -inspections of all completed scope items.
5. Document and notify all unforeseen obstacles discovered during the construction
process, and provide additional pricing as needed to complete the repairs or changes.
6. Addressing and completing all non -conforming scope items documented on the punch
list in a timely manner to ensure the best product for the owner prior to final
acceptance.
7. This process can be tailored to the individual project as required by the contract
documents.
Tom's Tree Place
5104 34t" Street
Lubbock, Texas 79410
(806) 799-3677
https://tomstreeplace.com/
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TREE PLACE
Company Organizational Chart
Alw Scarborough, Landscape Architect
President
Tom Mitt Scarborough
Shellie Scarborough
Scott Scarborough
Oele Rowin
VP of Opeatloris
Controller
VP Landsape Sales
VPVehl cal&Equlptrnen[Maln[enance
Abl gall Jones
Toby Rowin
Tanner Hensel ColeJones, LlcensedlM gam, Lendle Nbnden
Frank Bennett
Communlatlons
Landscape A,,h,.,t
Landscape Nchl2R Dlrecror of Landape Dlrecror
d—dscape—dscape
Crew Leader
Maln2nance & I,rlpt
Melvin Hal brooks Robert Moreno
V S[oker
Jack Banham
,home
—d p,2
Farm R,6rrager Landsape Landscape
k,
R,6rke[Maiager
Nursery rrager
Ih
Vehl Cle Maln2rrance
Gew Lealde, Crew Leade,I
i
Farm Gew Land—pe Gew Landscape Gew
R—I Sales Team
Nursery Dew
Mlna--,Dews Irrlp on Gew,—d,cape
Gew—dscape
Gew
Project Specific Management Organizational Chart
Tanner Hensel, Ladscape Architect
Project Manager
Shellie Scarborough
Contract Administrator Lendle Monden
Project Superintendent
Safety Manager Frank Bennett
Quality Control Manager Alternate Safety Manager
Alternate Quality Control Manager
Tom's Tree Place
5104 34t" Street
Lubbock, Texas 79410
(806) 799-3677
https://tomstreeplace.com/
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TREE PLACE
Large Projects in the Last 10 Years
Year
Project Name
Contract Value
2015
TTU Student Housing
$1,275,000
2016
TTU Campus Beautification
$2,021,000
2016
TTU Urbanovsky Park
$1,980,000
2017
SnyderlSD
$887,000
2017
Faver Gray 2100
$1,500,000
2017
Faver Gray Haven II
$1,132,000
2017
Kelsey Park
$1,400,000
2017
Betenbough Office
$1,400,000
2018
Faver Gray 1819
$1,600,000
2018
Ft. Stockton Athletic Improvements
$926,000
2019
Westridge Commons Midland
$1,100,000
2020
Citizen's Tower
$875,000
2020
Centennial Park
$6,242,000
2020
Buddy Holly Hall
$1,999,000
2023
Roy Furr Pioneer Park
$1,727,979
2023
Cash Family Ranch Life Learning Center
$927,720
Tom's Tree Place
5104 34t" Street
Lubbock, Texas 79410
(806) 799-3677
https://tomstreeplace.com/
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TREE PLACE
Equipment List
Equipment Disclosure: Tom's Tree Place owns and utilizes an extensive fleet of equipment and skilled
operators to facilitate all types of work. TTP employes qualified maintenance professionals to ensure all
equipment is in good working order.
Equipment:
Year
Make
Model
1980
Mack
w/70
1971
Ford
1ton w/ 44
2008
Kenworth
T300 Dump Truck
1975
Mack
Winch
2014
Pi
24' BP Tilt
1979
Crane
w/90
1992
H&H
Trailer
2018
Ford F350
w/Pronghorn workbed
1974
Belshe
Trailer
1982
Belshe
Trailer
1971
Belshe
Trailer
1999
Diamond
Flat Bed
2000
Ford
F250
2002
Belshe
Trailer
2019
Ford
F350
2002
Chevrolet
C2500
2002
Legend
Cargo
1998
Mack
w/Tree Spade
2003
H&H
Cargo
2003
H&H
Cargo
2004
Cargo Craft
Cargo
2005
Chevrolet
Pickup
2005
Chevrolet
C3500
2005
Chevrolet
C3500
2004
Belshe
Flat Bed
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TREE PLACE
2018
TXPR
Gooseneck
2008
Chevrolet
C2500
2008
Chevrolet
C2500
2008
CBT
Utility
2006
CBT
Utility
2006
CBT
Utility
2008
Ford
F250
2009
Chevrolet
C3500C lton
2009
Chevrolet
C2500 HD
2009
Chevrolet
Service Body
2007
Brut
Gooseneck
2008
TXBR
Gooseneck
2009
CBT
Utility
2009
Chevrolet
C2500
2012
Affordable
Mini -Dump
2013
Ford
F250
2004
Chevrolet
Pickup
2015
Chevrolet
3500 4x4
2014
Jeep
Wrangler
2012
Daic
Trailer
1986
Sundance
Horse
1993
WWT
Stakebed
2014
Shopmade
Utility
2014
Shopmade
Utility
2014
Shopmade
Utility
1995
Homemade
Utility
2016
Jeep
Renegade
2005
Homemade
Utility
1996
Shopmade
Utility
1997
Shopmade
Utility
2016
Pi
FB 20'- Powered Full
2015
Chevrolet
w/utility bed
2011
Chevrolet
2500
2015
Freightliner
Dump Truck
2015
Ford
F350
2015
Ford
F350
2015
Ford
F350
2015
Ford
F350 w/ work -bed
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TREE PLACE
2016
Ford
F350 w/box truck bed
2017
Ford
F350w/Pronghorn bed
2017
Ford
F350wPronghorn bed
2017
Jeep
Renegade
2018
Freightliner
Dump Truck
2018
Ford
F250 w/workbed & acc
2020
Chevrolet
3500
2020
Big Tex
Tilt Deck Utility
2019
Buck Dandy
Tilt Deck Utility
2020
Ford
F350 SD
2019
TopHat
Trailer
2012
Freightliner
Dump Truck
2021
Ford
F350 w/ Pronghorn be
2021
GMC
Sierraw/Pronghorn be
2021
GMC
Sierraw/Pronghorn be
2021
Affordable
Auto Hauler
2022
Big Tex
Tilt Deck Utility
2022
GMC
Sierra w/pronghorn
2022
GMC
Sierra w/pronghorn
2022
Chevrolet
Silverado 3500 HD
2022
Ford
F-250 SD
2023
Forest River
TXEHW8.528TA3
2023
Jeep
Gladiator
2024
GMC
Sierra 3500 HD
2024
GMC
Sierra 3500 HD
2006
TXBR
Trailer
2020
BELS
Trailer
2015
MAXY
Trailer
2018
Chevy
Pickup
2018
Ford
F15
2022
Chevy
Silverado 1500
Ford
2000 Tractor
Case
380 Trencher
Ford
600 Tractor
Case
1570
Cat
247b Skid Steer
Cat
257b Skid Steer
Cat
257162 Skid Steer
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TREE PLACE
Cat
257d Skid Steer
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
Ditchwitch
SK/Ditcher
John Deere
Gator (Green)
John Deere
Gator (Yellow)
John Deere
110 Backhoe
John Deere
270 Skid Steer
John Deere
310 G Backhoe
John Deere
310 G Backhoe
John Deere
310 J Backhoe
John Deere
310sl Backhoe
John Deere
317 Skid Steer
John Deere
325 Skid Steer
John Deere
410 Skid Steer
John Deere
644 Loader
John Deere
7 G Excavator
John Deere
17 D Excavator
John Deere
17g Excavator
John Deere
27zts Excavator
John Deere
35d Excavator
John Deere
35g excavator # 1
John Deere
35 g excavator # 2
John Deere
35 g excavator #3
John Deere
3032e
John Deere
5420
John Deere
8110 Tractor
Kubota
RTV 900
Kubota
RTV 900 #2
Kubota
RTV 1100
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TREE PLACE
Kubota
Kubota Mini Excavator
M.F.
Forklift 6500
Massey
M-5 moline
Massey
1020
Massey
50
Massey
50-2
Massey
65
Roll off containers
John Deere
15' Shredder
John Deere
15' Shreder #2
John Deere
5' Shredder
John Deere
7' Shredder
John Deere
Batwing Shredder
Schaffer
21' Disc
Bush Hog
4' Shredder
4' Woods Shredder
International
6' Disc
Rhino
5' Shredder
6' brush hog shredder
Brillion
Cultipack
Brillion
Turfmaker. jr.
Concrete belt
Dingo
Rototi I ler
Dingo
Power Broom
Ditchwitch
Harley Rake
Ditchwitch
Bar Rake
Ditchwitch
Harley rake
Ditchwitch
Harley Rake
Elevator belt
Fertilizer spreader
Golf cart #1
Golf cart #2
Graham
Plow
Spray Rig
Hamby
Hobart
Welder
Rototiller
John Deere
Wheat drill
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TREE PLACE
Land plane
Lazer box blade
Lely terra
Red flail
Sodcutter
Servis
Servis shredder
Tye
Seed drill
Brillion
Seed drill
Optimal
Tree Spade
Optimal
Tree Spade
Optimal
Tree Spade
Sod Cutter
Red sod cutter
Land Pride
Seeder
Tiller
Tom's Tree Place
5104 341h Street
Lubbock, Texas 79410
(806) 799-3677
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TREE PLACE
Awards
1 PATTERNED PROJECT
CONCRETE G LO B A L OF THE YEAR
2024
PROJECT■ OM
AWARD WINNING TEXAS
RANCH LEARNING CENTER
Project Overview: The Cash Family Ranch Life LICENSED INSTALLER:
Learning Center
Location: 3121 4th Street Lubbock, TX 79409
Licensed Installer: Patterned Concrete8 of Lubbock / Tom'sTree Place
Finish: Custom Combination - Patio Stone, Keystone, and Gemento
Landscape Architect: Prairie Workshop, LLC. toms
TREE PLACE
CHALLENGES
Tom'sTree Place, a licensed installer of
Patterned Concrete® Global, partnered
with Prairie Workshop Architects at 3121
4th Street Lubbock for exterior decorative
concrete work. The goal for the project was
achieving a genuine and unique ranch
landscape, while maintaining functionality
for a learning center with high foot traffic.
The architect was looking for a natural
hardscape look to accompany the
environmental landscape that surrounds
it. The challenge to make concrete blend
seamlessly with the natural elements is
not always easy.
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TREE PLACE
PATTERNED CONCRETE® SOLUTION
Patterned Concrete@ of Lubbock offered original solutions for the architect to consider.
Patterned Concrete@ created a custom combination of the Gemento, Keystone, and Patio
Stone finishes in order to achieve the architect's vision. The idea to allow the natural
habitat to be present in the concrete itself by creating animal tracks is very unique. These
solutions involved the production of various samples to test the possibilities of the design.
The licensed contractor, Tom's Tree Place installed the landscape architect's custom finish
on this project surpassing expectations while providing a long-lasting, low maintenance
finish. These pictures highlight the finished product details of the custom design. The
excellent craftsmanship by the installers and creative design work by the architect makes
this project so special.
ACKNOWLEDGEMENT
Patterned Concrete@ Global appreciates
Tom's Tree Place's contribution to this
remarkable installation, showcasing their
commitment to excellence. Patterned
Concrete@ would like to thank Prairie
LICENSED INSTALLER
Tom's Tree Place / Patterned Concreteg
Lubbock surpassed expectations with the
attention to detail on this project and was
awarded the PC Commercial Project of
the Year award 2023. As a valued licensee
of Patterned Concrete@ Global, Tom's Tree
Place takes pride in delivering exceptional
work in their area. This project showcases
Pattern ConcreteWs ability to deliver
quality finishes that surpass architect's
intricate expectations. The Cash Family
Ranch Life Learning Center will be around
for future generations to explore and learn
about ranching, heritage, and nature.
City of Lubbock
Insurance Requirement Affidavit
Project Number:— Rc) `t' -
To Be Completed by Bidder or Offeror
I, the undersigned Bidder/Offeror certify that the insurance requirements contained in this bid/proposal
document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by
the City of Lubbock (City), I will be able to, within ten (10) business days after being notified of such
award by the City, furnish a valid insurance certificate and endorsements to the City meeting all of
the requirements presented herein.
� C-�
(Jec
L'�U, C
q,o-,
Contractor Representative (Original Signature) Contractor Representative (Printed) �—
Contractor's Business Name: (ao�-TA�4 c s Se f oLce
(Print or Type)
Contractor's Address:
Contractor's Email Address: �� V�S�rnS�ree �c.�c e arm
INSURANCE AGENT/BROKER CONTACT INFORMATION
Firm Name: k-
Contact Name:
Phone No.: (� J � - (Q� (p Email• Ic- t bA Q+
II NOTE TO CONTRACTOR II
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806)
775-2572.
Page Intentionally Left Blank
City of Lubbock, TX
Purchasing and Contract Management
Safety Record Questionnaire
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant
to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately detennining 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 TCE1 % 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 employces of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
three (3) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3)
years?
YES NO_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.
QUESTION TWO
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES NO Y
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any,
and penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such
firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense
which resulted in serious bodily injury or death?
YES NO �1
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.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rejected.
SO- "Okc!� -
— tujL- Signature
Title
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
LUBBOCK COUNTY
S� e � u being first duly sworn, on his/her oath, says that the
bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any
person not therein named; and s/he further says that the said respondent has not directly induced or solicited any
firm on the above work or supplies to put in a sham, or any other person or corporation to refrain from a statement
of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over
any other firm or firms.
Use <c o (,-c.e � ,fin c `bs 0
Firm
� � combo �ro u<
Name
Signature
Title
Subscribed and sworn to before me this day of 0_�CtAC.h 20 c?_J�—
Notary PulaXic
My Commission Expires: 9 — / 7 — r (rUs`7
R JACK BRANHAM
,b
My Notary ID # 580977D
Expires August 17, 2024
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION
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16.
PROPOSED LIST OF SUB -CONTRACTORS
Minority Owned
Company Name
Location
Services Provided
Yes No
Metro City electric
Lubbock, TX
Electrical Scope
° DC
Steve Plank Masonry
Lubbock. TX
Masonry
° IX
Forza Site Services
Shallowater, TX
Site Services
° IX
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
Ll El
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR
RESPONSE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
SUBMITTED BY:
West Texas Services, Inc. DBA Tom's Tree Place
(PRINT NAME OF COMPANY)
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POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Purchasing and Contract Management Office
Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due.
FINAL LIST OF SUB -CONTRACTORS
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4.
5.
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7.
8.
9.
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11.
12.
13.
14.
15.
16.
FINAL LIST OF SUB -CONTRACTORS
Company Name
Metro City Electric
Steve Plank Masonry
Forza Site Services
Minority Owned
Location
Services Provided
Yes No
Lubbock, TX
Electrical Scope
❑ IN
Lubbock, TX
Masonry
❑ 1�
Shallowater, TX
Site Services
❑ 19
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
SUBMITTED BY:
West Texas Services, Inc. DBA Tom's Tree Place
(PRINT NAME OF COMPANY)
THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN
BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
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PAYMENT BOND
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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 West Texas Services, Inc. dba Tom's Tree Place
(hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Four Hundred Twenty -Five Thousand Forty Dollars ($425,040.00)
lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 9tb day of
April, 2024, to RFP 24-17766-KM Damage Repair Services to Mac Davis and Avenue X Roundabout
and said Principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of
Surety
By:
(Title)
2024.
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorney for our files.
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PERFORMANCE BOND
Pate Intentionally Left Blank
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that West Texas Services, Inc. dba Tom's Tree Place
(hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Four Hundred Twenty -Five Thousand Forty Dollars ($425,040.00)
lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated 9tb day of
April, 2024, to RFP 22-17766-KM Damage Repair Services to Mac Davis and Avenue X Roundabout
and said principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of , 2024.
Surety (Company Name)
* By: By:
(Title) (Printed Name)
(Signature)
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite
notices may be delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorney for our files.
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CERTIFICATE OF INSURANCE
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CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate,
insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions
of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
LJ Commercial General Liability
General Aggregate $
LJ Claims Made
Products-Comp/Op AGG $
LJ Occurrence
Personal & Adv. Injury $
LJ Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
LJ Any Auto
Combined Single Limit $
LJ All Owned Autos
Bodily Injury (Per Person) $
LJ Scheduled Autos
Bodily Injury (Per Accident) $
LJ Hired Autos
Property Damage $
LJ Non -Owned Autos
LJ
GARAGE LIABILITY
LJ Any Auto
Auto Only - Each Accident $
LJ
Other than Auto Only:
Each Accident $
Aggregate $
LJ BUILDER'S RISK
LJ 100% of the Total Contract Price
$
LJ INSTALLATIONELOATER
$
EXCESS LIABILITY
LJ Umbrella Form
Each Occurrence $
Aggregate $
LJ Other Than Umbrella Form
$
WORKERS COMPENSATIONAND
EMPLOYERS' LIABILITY
The Proprietor/ LJ Included
Statutory Limits
Partners/Executive LJ Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less
than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less
than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
MUST BE SENT TO THE CITY OF LUBBOCK
(Name of Insurer)
ma
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General
Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S.
THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior
to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services
on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of coverage
of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission
rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the following
text provided by the commission on the sample notice, without any additional words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM
OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED
SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL
LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS
OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF
THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
COPIES OF THE ENDORSEMENTS ARE REQUIRED.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide
coverage." and contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(D) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(n) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(E) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(G) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas
and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or
any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of
insurance, required herein, including policies of insurance required to be provided by Contractor and its
subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights
to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of
any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity
with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall
cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or
separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
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CONTRACT
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�
�
�
�
�
Contract 17766 �
�
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9`—'' day of April, 2024 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 West Texas Services, Inc. dba Tom's Tree Place of the City of Lubbock, County
of Lubbock and the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
� performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
� RFP 24-17766-KM Damage Repair Services to Mac Davis and Avenue X Roundabout
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. West Texas Services. Inc. dba Tom's Tree Place's proposal dated
March 14, 2024, is incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
West Texas Services, Inc. dba Tom's Tree Place
Y���
By: � rC�O''�
PRINTED NAM • pV �
TITLE:� �,��¢.�"
CITY OF L
By:
Tray P�
ATTEST: I
(OWNER):
COMPLETE ADDRESS:
West Texas Services, Inc. dba Tom's Tree Place
5104 34"' Street
Lubbock, TX 79410
ATT S� -.
Corporate Secretary
Co rtney Paz, City Secret
ROVED AS TO C �NT:
Business Development Representative
������vl� a �a �� ��30��0�
Name (Printed) Date
OVE AS TO FO�M:
elli Leisure, Senior Assistant City Attorney
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring
to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person,
persons, co -partnership or corporation, to wit West Texas Services, Inc. dba Tom's Tree Place
who has agreed to perform the work embraced in this contract, or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be
understood as referring to, City of Lubbock, or its representative Brianna Brown Director of Business
Development, so designated who will inspect constructions; or to such other representatives,
supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any
particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or persons
acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders,
Response, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement,
Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all
other documents made available to Bidder for inspection in accordance with the Notice to Bidders.
The above described materials are sometimes referred to herein as the "contract" or "contract
documents".
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary,"
"Prescribed," or words of like import are used, it shall be understood that the direction, requirement,
permission, order, designation or prescription of the Owner's Representative is intended; and
similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean
approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the
Contractor for performance of work on the project contemplated by these contract documents.
Owner shall have no responsibility to any Subcontractor employed by Contractor for performance
of work on the project contemplated by these contract documents, but said Subcontractors will
look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to
approve or disapprove the selection of any subcontractor(s).
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or
to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at
or sent certified mail to the last business address known to the party who gives the notice.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel,
transportation and all other facilities necessary for the execution and completion of the work covered
by the contract documents. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish
satisfactory evidence as to the kind and quality of materials. Materials or work described in words
which so applied have well known, technical or trade meaning shall be held to refer such recognized
standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the
contract documents has been made suitable for use or occupancy or the facility is in a condition to
serve its intended purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work
and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's
Representative will check the Contractor's layout of all major structures and any other layout work
done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished five copies of all Plans and Specifications without expense to
Contractor and Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality
of the executed work and to determine, in general, if the work is proceeding in accordance with the
contract documents. Owner's Representative will not be required to make exhaustive or continuous
onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be
responsible for the construction means, methods, techniques, sequences or procedures, or the safety
precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry
hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform
the work in accordance with the Contract Documents.
13. LINES AND GRADES
The Contractor is responsible for construction layout based on the control provided in the
construction documents. All lines and grades shall be furnished whenever Owner's Representative
(as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary
for the commencement of the work contemplated by these contract documents or the completion of
the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend
its work in order to permit Owner's Representative to comply with this requirement, but such
suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place
where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the
Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its
employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's
expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the
Owner's Representative (as distinguished from Resident Project Representative(s))has the authority
to review all work included herein. The Owner's Representative has the authority to stop the work
whenever such stoppage may be necessary to ensure the proper execution of the contract. The
Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under the contract documents, and shall determine all questions in
relation to said work and the construction thereof, and shall, in all cases, decide every question which
may arise relative to the execution of this contract on the part of said Contractor. The decision of
the Owner's Representative shall be conclusive in the absence of written objection to same delivered
to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's
Representative. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to
appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished
from Resident Project Representative, as the said Owner's Representative may deem proper to
inspect the materials furnished and the work done under this Agreement, and to see that said material
is furnished and said work is done in accordance with the specifications therefore. The Contractor
shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work. The Contractor shall regard and
obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this
Agreement and accompanying plans and specifications provided, however, should the Contractor
object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within
fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or
objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this
contract and shall keep on the work, during its progress, a competent superintendent and any
necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent
the Contractor in its absence and all directions given to superintendent shall be binding as if given
to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper performance of the work and lack of such
supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control
of the Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the
Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons
performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the
nature and location of the work, the confirmation of the ground, the character, quality and quantity
of materials to be encountered, the character of equipment and facilities needed preliminary to and
during the prosecution of the work, and the general and local conditions, and all other matters which
in any way affect the work under the contract documents. No oral agreement or conversation with
any officer, agent, or employee of the Owner, or Owner's Representative either before or after the
execution of this contract, shall affect or modify any of the terms or obligations herein contained.
Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or
amendments to the contract documents, shall be in writing, and executed by Owner's Representative
and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature
of the work to be done, or from the action of the elements, or from any unforeseen circumstance and
the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and
expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in
the type of work required under this contract, to do the work; and agrees that whenever the Owner's
Representative shall inform Contractor in writing that any person or persons on the work, are, in
Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise
unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from
the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the
prosecution and completion of this contract where it is not otherwise specifically provided that
Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the
care, preservation, conservation, or protection of any materials, tools, equipment or machinery or
any part of the work until it is finally completed and accepted.
The building of structures for the housing of workers or equipment will be permitted only at such
places as the Owner's Representative shall consent or direct, and the sanitary conditions of the
grounds in or about such structure shall at all times be maintained in a manner satisfactory to the
Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from
public observation, shall be constructed and maintained by the Contractor in such manner and at
such points as shall be approved by the Owner's Representative and their use shall be strictly
enforced.
21. OBSERVATION AND TESTING
The Contractor is responsible for construction quality control testing, cost, and reporting of the type
and extent required by the contract documents. The Owner or Owner's Representative shall have
the right at all times to observe and test the work. Contractor shall make necessary arrangements
and provide proper facilities and access for such observation and testing at any location wherever
such work is in preparation or progress. Contractor shall ascertain the scope of any observation that
may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time
each part of the work will be ready for such observation. Owner or Owner's Representative may
reject any such work found to be defective or not in accordance with the contract documents,
regardless of the stage of its completion or the time or place of discovery of such errors and
regardless of whether Owner's Representative has previously accepted the work. If any such work
should be covered without approval or consent of the Owner, it must, if requested by Owner or
Owner's Representative, be uncovered for examination at Contractor's expense. In the event that
any part of the work is being fabricated or manufactured at a location where it is not convenient for
Owner or Owner's Representative to make observations of such work or require testing of said work,
then in such event Owner or Owner's Representative may require Contractor to furnish Owner or
Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated.
All such tests will be in accordance with the methods prescribed by the American Society for Testing
and Materials or such other applicable organization as may be required by law or the contract
documents.
If any such work which is required to be inspected, tested, or approved is covered up without written
approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or
Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The
cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise
provided herein. Any work which fails to meet the requirements of any such tests, inspections or
approvals, and any work which meets the requirements of any such tests or approvals but does not
meet the requirements of the contract documents shall be considered defective, and shall be corrected
at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals
made by Owner, Owner's Representative, or other persons authorized under the contract documents
22
23
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.
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.
CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner
may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated,
or any part thereof, either before or after the beginning of the construction, without affecting the
validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute
the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If
they increase the amount of work, and the increased work can fairly be classified under the
specifications, such increase shall be paid according to the quantity actually done and at the unit
price established for such work under this contract; otherwise such additional work shall be paid for
as provided under Extra Work. In case the Owner shall make such changes or alterations as shall
make useless any work already done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor so used, and for actual expenses
incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that
may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish
any change, alteration or addition to the work as shown on the plans and specifications or contract
documents and not covered by Contractor's proposal, except as provided under Changes and
Alterations in Paragraph 23.
It is agreed that the Contractor shall perform all extra work under the observation of the Owner's
Representative when presented with a written work order signed by the Owner's Representative;
subject, however, to the right of the Contractor to require written confirmation of such extra work
order by the Owner. It is also agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1)
actual field cost of the extra work, plus fifteen (15%) percent to the firm
actually performing the work, and additional higher -tier markups limited to
5% to cover additional overhead and insurance costs; or (2) the amount that
would have been charged by a reasonable and prudent Contractor as a
reasonable and necessary cost for performance of the extra work, as estimated
by the Engineer and approved by the Owner..
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of
this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all
workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on such extra work,
plus actual transportation charges necessarily incurred, together with all expenses incurred directly
on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds,
Public Liability and Property Damage and Workers' Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by them
agreed to. Owner's Representative may direct the form in which accounts of the actual field cost
shall be kept and records of these accounts shall be made available to the Owner's Representative.
The Owner's Representative may also specify in writing, before the work commences, the method
of doing the work and the type and kind of machinery and equipment to be used; otherwise, these
matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use
of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the
latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and
equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that where the Contractor's
Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to
maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's
Representative. In case any orders or instructions appear to the Contractor to involve extra work for
which Contractor should receive compensation or an adjustment in the construction time, Contractor
shall prior to commencement of such extra work, make written request to the Owner's Representative
for a written order authorizing such extra work. Should a difference of opinion arise as to what does
or does not constitute extra work or as to the payment therefore, and the Owner's Representative
insists upon its performance, the Contractor shall proceed with the work after making written request
for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the
commencement of any extra work, any claim for payment due to alleged extra work shall be deemed
waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the
proposal, the specifications, plans and other contract documents, is to be done for the prices quoted
by the Contractor and that such price shall include all appurtenances necessary to complete the work
in accordance with the intent of these contract documents as interpreted by Owner's Representative.
Notices of any discrepancies or omissions in these plans, specifications, or contract documents,
shall be given to the Owners' Representative and a clarification obtained before the proposals
are received, and if no such notice is received by the Owner's Representative prior to the
opening of proposals, then it shall be deemed that the Contractor fully understands the work
to be included and has provided sufficient sums in its proposal to complete the work in
accordance with these plans and specifications. If Contractor does not notify Owner's
Representative before offering of any discrepancies or omissions, then it shall be deemed for
all purposes that the plans and specifications are sufficient and adequate for completion of the
project. It is further agreed that any request for clarification must be submitted no later than
five (5) calendar days prior to the opening of proposals. In the absence of a requested
clarification for a conflict in the documents prior to proposals being reviewed, it will be
assumed that the Contractor proposes the higher cost alternative on conflicts identified after
proposals are reviewed.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure
the quality of work with the rate of progress required under this contract, the Owner or Owner's
Representative may order the Contractor in writing to increase their safety or improve their character
and efficiency and the Contractor shall comply with such order. If, at any time, the working force
of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so
ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable
assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL
INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance
with an insurance company licensed to transact business in the State of Texas, which policy shall
comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all
times exercise reasonable precaution for the safety of employees and others on or near the work and
shall comply with all applicable provisions of federal, state and municipal laws and building and
construction codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or
regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and Engineer and all of its officers, agents and employees against any all losses,
costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown,
fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to,
attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the
Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission,
execution and/or supervision of this contract, and the project which is the subject matter of this
contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion
as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice
which may be given by the Owners or the Owner's Representative concerning omissions under this
paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall
not be construed as any assumption of duty to supervise safety precautions by either the Contractor
or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to
the City and written notice of cancellation or any material change will be provided ten (10) calendar
days in advance of cancellation or change. All policies of insurance, required herein, including
policies of insurance required to be provided by Contractor and its subcontractors, shall contain a
waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation
that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of
any loss under such insurance or self-insurance. All certificates of insurance submitted to the City
in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract,
insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall
be acceptable. Such insurance shall be carried with an insurance company authorized to transact
business in the State of Texas and shall cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the
operation of each subcontractor. A certificate of insurance specifying each and all coverages shall
be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF
COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE
REQUIRED.
Commercial General Liability Requirements: $IM occurrence / $2M aggregate (can be combined
with an Excess Liability to meet requirements). CGL is required in ALL contracts. It is perhaps
the most important of all insurance policies in a contractual relationship. It insures the Contractor
has broad liability coverage for contractual activities and for completed operations. Commercial
General Liability to include Products — Completion/OP, Personal and Advertising Injury,
Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).
Commercial General Liabili , HeavyEquipment Endorsement: Heavy equipment
endorsement is required
Commercial General Liability Digging Endorsement: XCU endorsement is required
Automobile Liability Requirements: $IM/occurrence is needed
Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with
no employees and are exempt from providing Workers' Compensation coverage, they must sign
a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer
Liability ($IM min) is required with Workers Compensation.
• The City of Lubbock (including its officials, employees and volunteers) shall
be afforded additional insured status on a primary and non-contributory basis
on all liability policies except professional liabilities and workers' comp.
• Waivers of Subrogation are required for CGL, AL, and WC.
• To Include Products of Completed Operations endorsement.
• Carrier will provide a 30-day written notice of cancellation, 10-day written
notice for non- payment.
• Carriers must meet a A.M. Best rating of A- or better.
• Subcontractors must carry same limits as listed above.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas
Labor Code) - includes all persons or entities performing all or part of the services
the Contractor has undertaken to perform on the project, regardless of whether that
person contracted directly with the Contractor and regardless of whether that person
has employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the contractor providing services on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
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 proj ect 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
proj ect;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on
the project; and
(2) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all employees
of the Contractor who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a
self -insured, with the commission's Division of Self -Insurance Regulation. Providing
false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract
by the Contractor which entitles the governmental entity to declare the contract void
if the Contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit
to the Owner for approval five Certificates of Insurance covering each insurance policy
carried and offered as evidence of compliance with the above insurance requirements, signed
by an authorized representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date
borne by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the
named insured at the address shown in the proposal specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change
in or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof)
contained in the job specifications. No substitute of nor amendment thereto will be
acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete
proj ect.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the
duration of the project based on proper reporting of classification codes and
payroll amounts and filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to
the governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the coverage
period shown on the Contractor's current certificate of coverage ends during
the duration of the project;
(d) obtain from each person providing services on a project, and provide to the
governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(ii) no later than seven days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project;
(g) post a notice on each project site informing all persons providing services on
the project that they are required to be covered, and stating how a person may
verify current coverage and report failure to provide coverage. This notice
does not satisfy other posting requirements imposed by the Texas Worker's
Compensation Act or other commission rules. This notice must be printed
with a title in at least 30-point bold type and text in at least 19-point normal
type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing
services related to this construction project must be covered by workers'
compensation insurance. This includes persons providing, hauling, or
delivering equipment or materials, or providing labor or transportation or
other service related to the project, regardless of the identity of their
employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800-372-7713 or
512-804-4000 (wwmai.state.tmus) 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 aproject, to:
(i) provide coverage based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements for all of its
employees providing services on the project, for the duration of the
proj ect;
(ii) provide a certificate of coverage to the Contractor prior to that person
beginning work on the project;
(iii) include in all contracts to provide services on the project the following
language:
"By signing this contract or providing or causing to
be provided a certificate of coverage, the person
signing this contract is representing to the
governmental entity that all employees of the
person signing this contract who will provide
services on the project will be covered by workers'
compensation coverage for the duration of the
project, that the coverage will be based on proper
reprinting of classification codes and payroll
amounts, and that all coverage agreements will be
filed with the appropriate insurance carrier or, in
the case of a self -insured, with the commission's
Division of Self -Insurance Regulation. Providing
false or misleading information may subject the
Contractor to administrative penalties, criminal
penalties, civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(v) obtain from each other person with whom it contracts, and provide to
the Contractor:
(1) a certificate of coverage, prior to the other person beginning
work on the project; and
(2) prior to the end of the coverage period, a new certificate of
coverage showing extension of the coverage period, if the
coverage period shown on the current certificate of coverage
ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to
perform as required by paragraphs (i)-(viii), with the certificate of
coverage to be provided to the person for whom they are providing
services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with
Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability
because of the disability of such individual in regard to job application procedures, the hiring,
advancement, or discharge of employees, employee compensation, job training, and other terms,
conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph
27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of
its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages,
expenses and causes of action arising out of, in any way, manner or form, the demands of
subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts
thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the
project which is the subject matter of this contract. When Owner so desires, the Contractor shall
furnish satisfactory evidence that all obligations of the nature hereinabove designated have been
paid, discharged or waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letters patent or copyright by suitable legal agreement with
the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided
by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement
of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its
officers, agents and employees harmless from any loss on account thereof, except that Owner shall
defend all such suits and claims and shall be responsible for all such loss when a particular design,
device, material or process or the product of a particular manufacturer or manufacturers is specified
or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save
Owner, and all of its officers, agents and employees harmless from any loss on account thereof.
Notwithstanding anything herein to the contrary, if the material or process specified or required by
Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless
it gives written notice of such infringement to the Owner's Representative prior to offering.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances
and regulations, which in any manner affect the contract or the work, and without limiting, in any
way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall
indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees
against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and
specifications are at variance therewith, he shall notify the Owner's Representative in writing prior
to proposing and any necessary changes shall be adjusted as provided in the contract for changes in
the work. In the absence of timely written notification to Owner's Representative of such variance
or variances within said time, any objection and/or assertion that the plans and specifications are at
variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If
the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances,
rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear
all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its
powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions
under which the Owner may enter into contracts, shall be controlling, and shall be considered as part
of this contract to the same effect as though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the
fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from its full obligations to the Owner, as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the
date of beginning and time for completion as specified in the Notice to Proceed and contract
documents, respectively, of work to be done hereunder are essential conditions of this contract; and
it is further mutually understood and agreed that the work embraced in this contract shall be
commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time
herein specified, then the Contractor does hereby agree as part of the consideration for the awarding
of this contract, the Owner may withhold permanently from Contractor's total compensation, the
sum of $25 LDS PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated
damages for the breach of the contract as herein set forth for each and every working day that the
Contractor shall be in default after the time stipulated for substantially completing the work.
If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein
specified, then the Contractor does hereby agree as part of the consideration for the awarding of this
contract, the Owner may withhold permanently from Contractor's total compensation, the sum of
$25 LDS PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages
for the breach of the contract as herein set forth for each and every working day that the Contractor
shall fail to meet the time requirements stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for
the substantial completion of the work described herein is reasonable time for the completion of the
same, taking into consideration the average climatic range and conditions and usual industrial
conditions prevailing in this locality. The amount is fixed and agreed upon by and between the
Contractor and the Owner because the actual damages the Owner would sustain in such event would
be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable
forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to
be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND
OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the
Contractor shall be allowed to prosecute its work in such order of precedence, and in such manner
as shall be most conductive to economy of construction. The Contractor shall ensure daily
prosecution of the work is conducted every business day until completed, regardless if the work will
be substantially or finally complete ahead of specified deadlines in the agreement, unless the City
determines time off from said prosecution is necessary or reasonable and Contractor received said
determination in writing from the City. Further, when the Owner is having other work done, either
by contract or by its own force, the Owner's Representative (as distinguished from the Resident
Project Representative) may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for
the Owner shall be harmonized. Additionally, inclement weather shall be the only other reason
consistent, daily prosecution of the work may not take place on those inclement weather days.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's
Representative, schedules which shall show the order in which the Contractor intends to carry on
the work, with dates at which the Contractor will start the several parts of the work and estimated
dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal in full recognition of the time required for
the completion of this project, taking into consideration the average climatic range and industrial
conditions prevailing in this locality, and has considered the liquidated damage provisions of
paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it
request, an extension of time on this contract, except when its work has been delayed by an act or
neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or
the public enemy, fire or flood. Any request for extension shall be in writing with the written request
for same setting forth all justifications, in detail, for the request, and submitted to Owner's
Representative within twenty (20) calendar days of the occurrence of the event causing said delay.
A failure by Owner's Representative to affirmatively grant the extension no later than within twenty
(20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further,
in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the
time herein fixed, Contractor has taken into consideration and made allowances for all hindrances
and delays incident to such work, whether growing out of delays due to unusual and unanticipated
circumstances, difficulties or delays in securing material or workers, or any other cause or
occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause
during the progress of any part of the work embraced in this contract except where the work is
stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which
event, such expense as in the sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. OUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or
computed length, area, solid contents, number and weight only shall be considered, unless otherwise
specifically provided. In the event this contract is let on a unit price basis, then Owner and
Contractor agree that this contract, including the specifications, plans and other contract documents
are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown, and only when same are expressly stated to be estimates, for the
various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for
comparing their proposals offered for the work. In the event the amount of work to be done and
materials to be furnished are expressly stated to be estimated, and only when same are expressly
stated to be estimated, it is understood and agreed that the actual amount of work to be done and the
materials to be furnished under this contract may differ somewhat from these estimates, and that
where the basis for payment under this contract is the unit price method, payment shall be for the
actual amount of work done and materials furnished on the project, provided that the over run or
under run of estimated quantities not exceed 15% of the estimated quantity.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in
any way encountered, which may be injured or seriously affected by any process of construction to
be undertaken under this agreement, from any damage or injury by reason of said process of
construction; and Contractor shall be liable for any and all claims for such damage on account of his
failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the
indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save
and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against
any and all claims or damages due to any injury to any adjacent or adjoining property, related to,
arising from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion
of all work by the Contractor, and on the delivery of all materials embraced in this contract in full
conformity with the specifications and stipulations herein contained, the Owner agrees to pay the
Contractor the price set forth in the proposal attached hereto, which has been made a part of this
contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials
and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for
well and truly performing the same and the whole thereof in the manner and according to this
agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the
performance of the contract, either wholly or in part, nor shall any certificate or payment be
considered as acceptance of defective work. Contractor shall at any time requested during the
progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final
payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no
outstanding liens against Owner's premises by reason of any work under the contract. Acceptance
by Contractor of final payment of the contract price shall constitute a waiver of all claims against
Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in
this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an
application for partial payment or, if the Contractor does not submit such application, the Owner's
Representative shall determine the amount to be partially paid. Owner's Representative shall review
said application for partial payment if submitted, and the progress of the work made by the
Contractor and if found to be in order, shall prepare a certificate for partial payment showing as
completely as practical the total value of the work done by the Contractor up to and including the
last day of the preceding month. The determination of the partial payment by the Owner's
Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total
amount of the Owner's Representative's Certificate of Partial Payment, less:
(i) in the event the total value of the contract is five million dollars or more, 5% of the amount thereof,
which 5% shall be retained until final payment, and further, less all previous payments and all further
sums that may be retained by Owner under the terms of the contract documents; or
(ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount
thereof, which percentage shall be retained until final payment, and further, less all previous payments
and all further sums may be retained by Owner under the terms of the contract documents
("Retainage").
If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract,
the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in
this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it
engages to comply with section 2252.032 of the Texas Government Code.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other
rights to enforce the express terms of the contract documents, and all remedies provided therein, as
to any and all work performed, to be performed and/or materials delivered hereunder, including, but
limited to, work to which said partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within
fifteen (15) calendar days after the Contractor has given the Owner's Representative written notice
that the work has been substantially completed, the Owner's Representative and/or the Owner shall
inspect the work and within said time, if the work be found to be substantially completed in
accordance with the contract documents, the Owner's Representative shall issue to the Owner and
Contractor a certificate of substantial completion. The work will be deemed substantially complete
when the work (or a specified portion thereof) has progressed to the point where, in the opinion of
the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently
complete, in accordance with all the contract documents, including the Proposal and all applicable
technical specifications, so that the work (or a specified portion thereof) can be utilized for the
purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion,
release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial
completion for all of the work or a specified portion thereof. Notwithstanding the issuance of a
certificate of substantial completion, Contractor shall proceed with diligence to finally complete the
work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon
written notice of final completion, the Owner's Representative shall proceed to make final
measurement to determine whether final completion has occurred. If the Owner's Representative
determines final completion has occurred, Owner's Representative shall so certify to the Owner.
Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor
on or before the 31st working day after the date of certification of final completion, the balance due
Contractor under the terms of this agreement. Neither the certification of final completion nor the
final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or
any warranty or warranties implied by law or otherwise. Owner may, in its sole discretion, release
all or a portion of the Retainage for fully completed and accepted portions of the work.
Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute
between Owner and Contractor according to section 2252.032(f) of the Texas Government Code.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's
Representative on account of failure to conform to the contract documents, whether actually
incorporated in the work or not, and Contractor shall at its own expense promptly replace such
.n
condemned materials with other materials conforming to the requirements of the contract
documents. Contractor shall also bear the expense of restoring all work of other contractors damaged
by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time but not to exceed 30 days after a written notice by the
Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees
and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution cost) arising out of or relating to such correction or removal.
Neither the final payment, nor certification of final completion or substantial completion, nor any
provision in the contract documents shall relieve the Contractor of responsibility for faulty materials
or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to
other work resulting therefrom, which shall appear within a period of two years from the date of
certification of final completion by Owner's Representative.
PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence,
withhold or nullify the whole or part of any certification to such extent as may be necessary to protect
itself from loss on account of:
(a) Defective work not remedied and/or work not performed,
(b) Claims filed or reasonable evidence indicating possible filing of claims,
(c) Damage to another contractor,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by
Owner,
(g) Failure to provide Project photographs required by Specifications.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory
to the Owner, in the amount withheld, payment shall be made for amounts withheld because
of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar
days after the Owner's Representative has given any direction, order or instruction to which the
Contractor desires to take exception. Timely written notice of dispute as provided in this contract
of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing
and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters
set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative
within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said
objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial
by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further
agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims
of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's
agents and employees and Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15)
calendar days after written notification from the Owner or the Owner's Representative, or (2) if the
Contractor fails to comply with the written orders of the Owner's Representative, when such orders
are consistent with this contract, then the Surety on the bond shall be notified in writing and directed
to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a
bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-
compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove
from the work any machinery, equipment, tools, materials or supplies then on the job, but the same,
together with any materials and equipment under the contract for work, may be held for use on the
work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work;
and the Contractor shall not receive any rental or credit therefore (except when used in connection
with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract);
it being understood that the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance
with the notice hereinbefore provided within ten (10) calendar days after service of such notice,
and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance
with all terms and provisions of the contract documents, then the Owner may exercise any and all
remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to,
providing for completion of the work in either of the following elective manners:
(a) The Owner may employ such force of persons and use of machinery, equipment, tools,
materials and supplies as said Owner may deem necessary to complete the work and charge
the expense of such labor, machinery, equipment, tools, materials and supplies to said
Contractor, and the expense so charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the Contractor, then
said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the
Owner; or
(b) The Owner, under sealed proposals, after notice published as required by law, at least twice
in a newspaper having a general circulation in the County of location of the work, may let
the contract for the completion of the work under substantially the same terms and conditions
which are provided in this contract. In case of any increase in cost to the Owner under the
new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore.
Should the cost to complete any such new contract prove to be less than that which would
have been the cost to complete the work under this contract, the Contractor or his Surety
shall be credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the
work shall have been finally completed, the Contractor and his Surety shall be so notified and
certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A
complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, if applicable,
whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as
reflected by said statement within 30 days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that
which would have been the cost to the Owner had the work been completed by the Contractor under
the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the
balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or
supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if
applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or
his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and materials shall be
mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this
contract; provided, however, that actual written notice given in any manner will satisfy this
condition. After mailing, or other giving of such notice, such property shall be held at the risk of
the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary
care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner
may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from
such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Owner shall release
any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to
persons other than the Contractor or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the
extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the
remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner,
and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise
concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or
otherwise, including but not limited to, liquidated damages, as provided in paragraph 34,
hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work
actually performed by Contractor and/or its subcontractors as set forth in the contract documents,
and Owner shall not be liable for any consequential, punitive or indirect loss or damage that
Contractor may suffer in connection with the project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract
price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that
said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner,
and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to
do business in the State of Texas. It is further agreed that this contract shall not be in effect until
such bonds are so furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special
conditions conflict with any of the general conditions contained in this contract, then in such event
the special conditions shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the
nature of the work to be done, or from the action of the elements, or from any unforeseen
circumstance or from unusual obstructions or difficulties, naturally occurring, man-made or
otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne
by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power
and authority to direct, supervise, and control its own employees and to determine the method of the
performance of the work covered hereby. The fact that the Owner or Owner's Representative shall
have the right to observe Contractor's work during Contractor's performance and to carry out the
other prerogatives which are expressly reserved to and vested in the Owner or Owner's
Representative hereunder, is not intended to and shall not at any time change or effect the status of
the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the
work, and at the completion of the work Contractor shall remove all such debris and also its tools,
scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work
shall be left in good order and condition. In case of dispute Owner may remove the debris and
charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated
thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products
or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in
the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by
any party, on the Project site, or any other property of the City, without the written consent of the
Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance,
hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of
the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum
products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and
request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative
may grant or deny the request of Contractor and provide whatever requirements such consent, if
granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not
granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt
of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be
responsible for ensuring that all personnel involved in the Project are (i) trained for the level of
expertise required for proper performance of the actions contemplated by this Contract and, in
particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances,
hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and
utilize all protective equipment, including without limitation, personal protective gear, necessary to
provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the goods or services
covered by this contract is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City
shall not be obligated under this contract beyond the date of termination.
57. THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years thereafter the City or
a duly authorized audit representative of the City, or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractor's records and books relevant to all services
provided under this Contract. In the event such an audit by the City reveals any errors/overpayments
by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30)
days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing
the City from any payments due Contractor.
58. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall control.
59. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any
terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the
event of conflict between these terms and conditions and any terms and conditions provided by the
Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided
herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no
force or effect.
60. LABOR CODE CHAPTER 214
Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who
contracts with a governmental entity to provide a service as defined by Section 2155.001,
Government Code, shall properly classify, as an employee or independent contractor in accordance
with Chapter 201, any individual the person directly retains and compensates for services performed
in connection with the contract. (b) In this subsection, "subcontractor" means a person directly
retained and compensated by a person who contracts with a governmental entity to provide a service
as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an
employee or independent contractor in accordance with Chapter 201, any individual the subcontractor
directly retains and compensates for services performed in connection with the contract for which the
subcontractor is retained. (c) A person who fails to properly classify an individual as required by
Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the
person has not properly classified. (d) The commission may not take action to collect a penalty under
this section from a person after the third anniversary of the date on which the violation occurred.
61. CERTIFICATE OF INTERESTED PARTIES
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code.
Section 2252.908 requires a business entity entering into certain contracts with a governmental entity
or state agency to file with the governmental entity or state agency a disclosure of interested parties
at the time the business entity submits the signed contract to the governmental entity or state agency.
Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting
business entity, acknowledging that the disclosure is made under oath and under penalty of perjury.
Section 2252.908 applies only to a contract that requires an action or vote by the governing body of
the governmental entity or state agency before the contract may be signed or has a value of at least
$1 million. Instructions for completing Form 1295 are available at:
https://ci .lubbock.tx.us/departments/purchasing/vendor-infonnati on
62. TEXAS GOVERNMENT CODE SECTION 2252.152
Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from
entering into a contract with a vendor that is identified by The Comptroller as a company known to
have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist
organization.
63. TEXAS GOVERNMENT CODE SECTION 2271.002
Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a
contract that: (1) is between a governmental entity and a company with 10 or more full-time
employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public
funds of the governmental entity. (b) A governmental entity may not enter into a contract with a
company for goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
64. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any
terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the
event of conflict between these terms and conditions and any terms and conditions provided by the
Contractor, the terms and conditions provided herein shall prevail. The terms and conditions
provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall
be of no force or effect.
65. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and
the contractor or vendor agrees that the contract can be terminated if the contractor or vendor
knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent
Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1)
preserve all contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body for the duration of the contract; (2) promptly
provide to the governmental body any contracting information related to the contract that is in the
custody or possession of the entity on request of the governmental body; and (3) on completion of
the contract, either: (A) provide at no cost to the governmental body all contracting information
related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements applicable to
the governmental body.
66. CONFIDENTIALITY
The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior
written consent of the City, unless otherwise required by law.
67. INDEMNITY
The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any
kind, character, type, or description, including without limiting the generality of the foregoing, all
expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to
any property, received or sustained by any person or persons or property, to the extent arising out
of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or
subcontractors, related to the performance, operations or omissions under this agreement and/or the
use or occupation of city owned property. The indemnity obligation provided herein shall survive
the expiration or termination of this agreement.
68. PROFESSIONAL RESPONSIBILITY
All architectural or engineering services to be performed shall be done with the professional skill
and care ordinarily provided by competent architects or engineers practicing under the same or
similar circumstances and professional license.
69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C
(b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or
insufficiency in the plans, specifications, or other design documents, disclose in writing to the person
with whom the contractor enters into a contract the existence of any known defect in the plans,
specifications, or other design documents that is discovered by the contractor, or that reasonably
should have been discovered by the contractor using diligence, before or during construction. In this
subsection, ordinary diligence means the observations of the plans, specifications, or other design
documents or the improvement to real property that a contractor would make in the reasonable
preparation of a bid or fulfillment of its scope of work under normal circumstances. Ordinary
diligence does not require that the contractor engage a person licensed or registered under Title 6,
Occupations Code, or any other person with specialized skills. A disclosure under this subsection is
made in the contractor's capacity as contractor and not as a licensed professional under Title 6,
Occupations Code.
(c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the
consequences of defects that result from the failure to disclose.
70. GOVERNMENT CODE 2251.0521 UNSIGNED CHANGE ORDER
(a) A contractor or subcontractor may elect not to proceed with additional work directed by a
governmental entity if: (1) the contractor or subcontractor has not received a written, fully executed
change order for the governmental entity -directed additional work; and (2) the aggregate actual or
anticipated value of the additional work plus any previous governmental entity -directed additional
work for which the contractor or subcontractor has not received a written, fully executed change
order exceeds 10 percent of the contractor 's or subcontractor 's original contract amount. (b)
contractor or subcontractor who elects not to proceed with additional work as provided by this
section is not responsible for damages associated with the election not to proceed.
DAVIS BACON WAGE DETERMINATIONS
Page Intentionally Left Blank
EXHIBIT A
"General Decision Number: TX20240002 01/05/2024
Superseded General Decision Number: TX20230002
State: Texas
Construction Types: Heavy and Highway
Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock,
Midland, Potter, Randall, Taylor and Tom Green Counties in Texas.
HEAVY & HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
If the contract is entered
into on or after January 30,
2022, or the contract is
renewed or extended (e.g., an
option is exercised) on or
after January 30, 2022:
I_ -
JIf the contract was awarded on
for between January 1, 2015 and
January 29, 2022, and the
contract is not renewed or
lextended on or after January
130, 2022:
1
1
1
1
1
1_
. Executive Order 14026
generally applies to the
contract.
. The contractor must pay
all covered workers at
least $17.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2024.
. Executive Order 13658
generally applies to the
contract.
. The contractor must pay all
covered workers at least
$12.90 per hour (or the
applicable wage rate listed
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2024.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
SUTX2011-002 08/02/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving & Structures) ... $ 13.55 **
ELECTRICIAN ......................$ 20.96
FORM BUILDER/FORM SETTER
Paving & Curb ...............$ 12.36 **
Structures ..................$ 13.52 **
LABORER
Asphalt Raker ...............$
12.28 **
Flagger.....................$
9.30 **
Laborer, Common .............$
10.30 **
Laborer, Utility............$
11.80 **
Work Zone Barricade
Servicer....................$
10.30 **
POWER EQUIPMENT OPERATOR:
Asphalt Distributer.........$
14.87
**
Asphalt Paving Machine......$
13.40
**
Broom and Sweeper...........$
11.21
**
Crane, Lattice Boom 80
Tons or Less ................$
16.82
**
Crawler Tractor Operator....$
13.96
**
Excavator, 50,000 lbs or
less ........................$
13.46
**
Front End Loader Operator,
Over 3 CY...................$
12.77
**
Front End Loader, 3CY or
less ........................$
12.28
**
Loader/Backhoe..............$
14.18
**
Mechanic ....................$
20.14
Milling Machine .............$
15.54
**
Motor Grader, Rough........$
16.15
**
Motor Grader, Fine..........$
17.49
Pavement Marking Machine....$
16.42
**
Reclaimer/Pulverizer........$
12.85
**
Roller, Asphalt .............$
10.95
**
Roller, Other ...............$
10.36
**
Scraper .....................$
10.61
**
Spreader Box ................$
12.60
**
Servicer .........................$ 13.98 **
Steel Worker (Reinforcing) ....... $ 13.50 **
TRUCK DRIVER
Lowboy -Float ................$ 14.46 **
Single Axle .................$ 12.74 **
Single or Tandem Axle Dump..$ 11.33 **
Tandem Axle Tractor with
Semi ........................$ 12.49 **
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
EXHIBIT B & C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
Pate Intentionally Left Blank
SPECIFICATIONS
Pate Intentionally Left Blank
City of Lubbock, TX
RFP 24-17766-KM
Damage Repair Services to Mac Davis and Avenue X Roundabout
Scope of Work
Demolition
Quantity
+/-
UOM
Description
500
LF
Saw cut concrete & pavers for demo
60
SF
Demo Curb & Gutter
7
PER
Demo and haul off exiting bollards
2600
SF
Demo pavers & palletize for reuse
3450
SF
Demo Concrete
3700
SF
Demo landscape
7150
SF
Pre -construction grading
Electrical
Quantity
+/-
UOM
Description
1
LUMP
Electrical Scope: 6 pedestrian light poles (13' HT), 7 lit bollards, 16 in -ground
wall lights, bistro lights
1
LUMP
Add sleeve through masonry wall
1
LUMP
Hardware for Bistro Lights: Modify banner
arms into eye bolts, stainless steel hardware & wire
Hardscape
Quantity
+/-
UOM
Description
1
LUMP
Masonry Repairs: Re -set loose cap, re -grout brick, repaint black letters in
cast stone, acid wash and clean all masonry
1
LUMP
Concrete Planter Cleaning: acid wash existing planters
50
PER
Concrete under light poles (6" Depth, 4000 PSI)
3
PER
Concrete ADA Ramps w/ Truncated Dome Pavers
2200
SF
Concrete Sidewalk (8" Depth, 4000 PSI w/ Rebar & Fiber)
210
SF
Concrete around in -grade up lights (6" Depth, 3000 PSI, w/ fiber)
36
LF
Curb & Gutter
407
LF
Decorative Concrete Band in Sidewalk
1500
SF
Concrete Paver Base (3000 PSI w/ microfiber)
625
LF
Self -leveling caulk in expansion joints
170
LF
Concrete Border (12" Wide, 4" Depth, 3000 PSI w/ micro fiber)
60
SF
Paver repair in street at cross walk (All new pavers)
1350
SF
Brick Pavers (Using existing Old Colonial Pavers)
Irrigation
Quantity
+/-
UOM
Description
1
LUMP
Irrigation System (4 Zones, New V valves, drip hose, & MP rotators)
Landscape
Any dead plants in the roundabout need to be replaced with new seasonal plant. Unless otherwise
instructed by the Director of Business Development or their Agent, replacement trees shall equal
the value of the tree size that died based upon the total caliper inch of that tree. (No more than
$110 per caliper inch.)
Replacement/Additional trees shall be approved for size and appearance by the Director Business
Development or their Agent prior to planting.
Fertilizer
Contractor shall be responsible for applying sufficient fertilizer to promote a green, healthy turf.
The applicator shall also be required to follow all local, state, federal laws and manufacturer's
recommendations for product usage and all applicable state and federal laws concerning pesticide
applications, rinsate disposal and container disposal.
No Text