HomeMy WebLinkAboutResolution - 2015-R0140 - Conract - Advance Elevator - Civic Center Elevator Upgrades - 05/14/2015Resolution No. 2015-RO140
Item No. 5.18
May 14, 2015
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. ITB 15 -12305 -PD for Civic Center Elevator
Upgrades, by and between the City of Lubbock and Advance Elevator, of Lubbock, Texas, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on May 14, 2015
GLESNIURD13ffTSON, MAYOR
ATTEST:
Reb tca Garza, City Secret
APPROVED AS TO CONTEN-f
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Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
ccdocs/RES.GENERIC CONTRACT
***date***
BOND CHECK
BEST RATING:
LICENSED IN TEXAS
DATE: BY:
CONTRACT AWARD DATE May 14,2015
CITY OF LUBBOCK
SPECIFICATIONS FOR
Civic Center Elevator Upgrades
ITB 15-12305-PD
CONTRACT 12305
PROJECT NUMBER: 91195.8302
Plans & Specifications may be obtained from
BidSync.com
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CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE
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ITB 15-I2305-PD
Contractor Checklist
Before submitting your bid, please ensure you have completed and included the following documents in the
order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed.
Carefully read and understand the plans and specifications and properly complete the BID
SUBMITTAL FORM. Bid submittal form MST be completed in blue or black ink or by
typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds
himself on acceptance of his bid to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time
stated and for the prices stated below. Identify addenda received (if any). Include firm's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
2 vInclude BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to
provide a bid surety WILL result in automatic rejection of your bid.
3. �✓ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
Contractor's signature must be original.
4. JJ Clearly mark the bid number, title, due date and time and your company name and address on the
outside of the envelope or container.
5. Z Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management
Office prior to the deadline. Late bids will not be accepted.
6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be
explained in detail and submitted with Bid.
7. �✓, Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include frrm's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
8. 1=.J. Complete and submit the LIST OF SUB -CONTRACTORS.
DOCUMENTS REOUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING:
9. ® Complete and submit the FINAL LIST OF SUB -CONTRACTORS.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED
NON RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS
COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL.
Advance Elevator
(Type or Print Company Name)
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INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL — (must be submitted by published due date & time)
3-1. LUMP SUM BID SUBMITTAL FORM
3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
3-3. SAFETY RECORD QUESTIONNAIRE
3-4. SUSPENSION AND DEBARMENT CERTIFICATION
LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
DAVIS BACON WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
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NOTICE TO BIDDERS
ITB 15-12305-PD
-« Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of
Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City
Hall, 1625 lath Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on April 15, 2015, or as
changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform
all work for the construction of the following described project:
Civic Center Elevator Upgrades
After the expiration of the time and date above first written, said sealed bids will be opened in the office
of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of
the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office
for the City of Lubbock, before the expiration of the date above first written.
Bids are due at 3:00 P.M. on April 15, 2015, and the City of Lubbock City Council will consider the
bids on May 14, 2015 at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be
reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful
bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code,
in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and
the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $50,000. Said statutory bonds should 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
AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED.
The estimated budget for this project is $200,000.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid 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 bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract
to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL
SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF
THE BID SUBMITTAL.
It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that all
such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem
wages included in the contract documents on file in the office of the Purchasing and Contract Management
Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each
bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and
the requirements contained therein concerning the above wage scale and payment by the contractor of the
prevailing rates of wages as heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids
in response to this invitation and will not be discriminated against on the grounds of race, color, sex,
disability, or national origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid
meetings and bid 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 or write to
Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. r_i
CITY OF LUBBOCK
Marta Atv- arez
DIRECTOR OF PURCHASING
& CONTRACT MANAGEMENT
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GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY TIME & DATE
The City of Lubbock is seeking written and sealed competitive bids to furnish Civic Center Elevator
Upgrades per the attached specifications and contract documents. Sealed bids will be received no later
than 3:00 PM, on April 15. 2015 at the office listed below. Any bid received after the date and hour
specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation
must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITS 15-12305-
PD, Civic Center Elevator Upgrades" and the bid opening date and time. Bidders must also include
their company name and address on the outside of the envelope or container. Bids must be addressed to:
Marta Alvarez, Director of Purchasing
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.1 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management
Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder
does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.2 Bids will be accepted in person, b United States Mail, b United Parcel Service or private courier
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service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.3 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING —
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed
for the clarification of the Invitation to Bid (ITB) documents, a pre -bid meeting will be held at April 2, 2015 at 11:30
A.ht Civic Center, Terrace Suite, 1501 lilac Davis Lane, Lubbock 77X, 79401, Lubbock, Texas. All persons attending the
conference will be asked to identify themselves and the prospective bidder they represent.
2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not
be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid
meeting.
2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are
available to all persons regardless of disability. If you would like information made available in a more accessible
format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street,
(806)775-2018 at least forty-eight (48) hours in advance of the conference.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at www.bidsvnc.com. We strongly suggest that you check for any addenda a minimum of
forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET
- ACCESS may use computers available at most public libraries.
3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing and Contract Management Office. At the request of
the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be
substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract
Management Office. Such addenda issued by the Purchasing and Contract Management Office will be
available over the Internet at www.bidsyrLic.com and will become part of the bid package having the same
binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR
INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the
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request must be submitted in writing and must be received by the City of Lubbock Purchasing and
Contract Management Office no later than five (5) calendar days before the bid closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock t
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB
should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt
of this ITB with any individuals, employees, or representatives of the City and any information that may
have been read in any news media or seen or heard in any communication facility regarding this bid
should be disregarded in preparing responses. V�i
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. €�
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall
be given to the Purchasing and Contract Management Office and a clarification obtained before the
bids are received, and if no such notice is received by the Purchasing and Contract Management
Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the
work to be included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If bidder does not notify Purchasing and Contract
Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all
purposes that the plans and specifications are sufficient and adequate for completion of the project.
It is further agreed that any request for clarification must be submitted no later than five (5)
calendar days prior to the bid closing date.
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BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or 1
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline
to release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction.
In the event a public information request is received for a portion of your bid that you have marked as
being confidential information, you will be notified of such request and you will be required to justify F
your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the
Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or
a court of competent jurisdiction that such information is in fact not privileged and confidential under-
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Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
6.3 Marking your entire bid CONFIDENTIALiPROPRIETARY is not in conformance with the Texas Open
Records Act.
p 7 LICENSES PERMITS TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc, that the bidder is or
may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
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9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment,
advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of
discretion concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice
to Bidders.
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12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's responsibility to advise the Purchasing and Contract Management Office if any language
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
} _z this ITB to a single source. Such notification must be submitted in writing and must be received by the
City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before
the bid closing date. A review of such notifications will be made.
12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO
BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
-- DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Pedro Delgado, Buyer
u City of Lubbock
Purchasing and Contract Management Office
1625 13`h Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2164
Email: PDelgado@mylubbock.us
Bidsync: ww-*v.bidsync.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 120
Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the
successful bidder.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
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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.
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14 PAYMENT
.All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
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15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
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execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and
methods set forth in the contract documents provide minimum standards of quality, which the Owner believes
necessary to procure a satisfactory project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within 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).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will
be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to five sets of plans and specifications and related
contract documents for use during construction. Plans and specifications for use during construction will only be
furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to
suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the
Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, reservation conservation and protection of all materials
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supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
�_ • It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
22 BARRICADES AND SAFETY MEASURES
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 Ights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the
project.
23 EXPLOSIVES
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23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and
such notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AND THE ENGINEER AS A
PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN
FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE,
SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE
EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE
SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE
TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING
WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE
ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE
OPERATIONS.
LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258,
Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the
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bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in the contract documents does not release the Contractor from compliance with any wage law that
6 may be applicable. Construction work under the contract requiring an inspector shall not be performed on
weekends or holidays unless the following conditions exist:
.r' 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
e 26.I 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 Sunday or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or
holiday he desires to do work and obtain written permission from the Owner's Representative to do such
work. The final decision on whether to allow construction work requiring an inspector on Sunday or
holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
f 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.
27.2 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January I, 2014, authorizes a
penalty to be imposed on a person who contracts for certain services with a governmental entity and who
fails to properly classify their workers. This applies to subcontractors as well. Contractors and
subcontractors who fail to properly classify individuals performing work under a governmental contract
will be penalized $200 for each individual that has been misclassifted (Texas Government Code Section
2155.001).
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
29 PREPARATION FOR BID
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be
correctly filled in, stating the price in numerals for which he intends to do the work contemplated or
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. A
bid that has been opened may not be changed for the purpose of correcting an error in the bid price.
11
30
31
29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing 1
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
29.3.1 Bidder's name
29.3.2 Bid for ITB 15-12305-PD "Civic Center Elevator Upgrades"
pg - }
29.3.3 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of
the bids, but no bid may be withdrawn or altered thereafter.
29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL
FORM PRIOR TO BID OPENING.
I'
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the
1
following:
(a) Notice to Bidders.
His
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
6) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
-
incorporated by reference into the aforementioned contract documents.
1
QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations
deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall
_ l
furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be
deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the
bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the
contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the time specified,
-
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
? t
(d) The quality of performance of previous contracts or services.
-'
12
s
f
(e) The safety record of the Contractor and proposed Sub -Contractors
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with
City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
g 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
t on this project in compliance with City of Lubbock specifications herein.
32 BID AWARD
32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid
Items One through Four plus the sum of any Alternate Bids or Options the City may select.
32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
t_. would be required to underbid the nonresident bidder in the nonresident bidders' home state.
32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
' Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED
BY THE REQUIREMENTS OF THIS INVITATION TO BID.
i_ 32.7 The estimated budget for this project is $40,000.
33 ANTI -LOBBYING PROVISION
33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD,
BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY
DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL
OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
34 PREVAILING WAGE RATES
13
34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates,
with respect to the payment of prevailing wage rates for the construction of a public work, including a
building, highway, road, excavation, and repair work or other project development or improvement, paid
for in whole or in part from public funds, without regard to whether the work is done under public
supervision or direction. A worker is employed on a public work if the worker is employed by the
contractor or any subcontractor in the execution of the contract for the project
34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than
the general prevailing rate of per diem wages for the work of a similar character in the locality in which
the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday
and overtime work.
34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in
accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S.
Department of Labor web site at the following web address to obtain the rates to be used in Lubbock
County:
http:Hwww.wdol.govfdba.as1x
34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for
the type of work defined in the bid specifications.
34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay
to the City of Lubbock $60 for each worker employed for each calendar day or part of the day
that the worker is paid less than the wage rates stipulated in the contract.
14
BID SUBMITTAL FORM
Page Intentionally Left Blank
BID SUBMITTAL FORM
LUMP SUM PRICE CONTRACT
DATE: 4.14.2015
PROJECT NUMBER: ITB 15-I2305-PD —Civic Center Elevator Upgrades
Bid of Advance Elevator (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Bidder, in compliance with your Invitation to Bid For the Civic Center Elevator Upgrades, having carefully examined
the plans, specifications, Instructions to bidders, notice to bidders and all other related contract documents and the site of
the intended work, and being familiar with all of the conditions surrounding the construction of the intended project
including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein
and at the price stated below.
The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the
accompanying forms, for performing and completing the said work within the time stated and for the prices stated below.
BID
ITEM
DESCRIFTION
LUMP SUM
1
Large Freight Elevator, Exhibit Hall:
$18,360.00
2
Small Freight Elevator, Kitchen:
$81,975.00
3
Passenger Elevator, Pedestrian Mall:
$69 600.00
4
Stage Lift, Theatre:
$23, 418. a0
TOTAL (ITEMS 1- 4)
S $194,353.00
Bidder's Initials
Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to
Proceed" of the Owner and to substantially complete the project within 120 Calendar Days thereafter as stipulated in the
specifications and other contract documents. Bidder hereby further agrees to pay to Owner as Iiquidated damages the sum r
of $25 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as
more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 28 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents. r.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and
execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Ell;
GBidder's Initials F
8
Enclosed with this bid is a Cashier's Check or Certified Check for Dollars
($ ) or a Bid Bond in the sum of Fiv . P _r ..nt ), which
it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by
the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the
x required bond (if any) with the Owner within ten (I0) business days after the date of receipt of written notification
of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand.
t..
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(g), a
competitive scaled bid that has been opened may not be
changed for the purpose of correcting nn error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
(Sea] if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Date: Aril 15. 2QM
Authori d Signature
(Printed or Typed Name)
Granzow & Associates dba Advance Elevator
Company
1204 N. Ave U
Address
1 uhhor:k . ..Lubbock
City, County
Texas 79415
State Zip Code
Telephone: 806 - 771-3600
Fax: 8()6 - 687-0880
Addenda No. Date FEDERAL TAX ID or SOCIAL SECURITY No.
Addenda No. Date 75-2954415
Addenda No. Date
Addenda No. Date EMAIL: Russell.Granzow@att.net
MATTE Firm: woman Black American Native American
Hispanic American I I Asian Pacific American Otlier (Specify)
By Date:
Authori=ed Representative - must sign by hand
Officer Name and Title:
Please Print
Business Telephone Number FAX:
E-mail Address:
FOR CITY USE ONLY
4 Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over ,S50,000): Date P.O./Contract Issued:
-' RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
- LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, TIIE CLOSING DATE AND TIME, AND
YOUR COMPANY NAME AND ADDRESS.
Enclosed with this bid Is a Cashier's Check or Certified Check for Dollars
(S ) or a Bid Bond in the sum of Dollars ($194,353 ), which
It is agreed shalt be collected and retained by the Owner as liquidated damages In the event the bid is accepted by
the Owner and the undersigned falls 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 ofsaid bid; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shalt be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(p), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error In the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE Iii1L§UBMITTAL FORM PRIOR
TO BID OPENING.
(Seal ifBidder is a Corporation)
7:z
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. 1
Date 3.272015
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Ulu 1.14M
By .-'
Authortred Rep exative - must sign by hand
Date:4.14.2015
- - --4'V
Author SignaturAussell Granzow
(Printed or Typed Name)
Advance Elevator
2mmmy
04 N Ave U
Address
Lubbock
Lubbock
City,
County
Texas
79415
State
Zip Code
Telephone: ew
- 771.36w
Fax: we
- 687.ONO
FEDERAL TAX ID or SOCIAL SECURITY No.
75-2954415
EMAIL: russell.granzow@att.net
4.14.2015
Officer Name and Title: Russell Granzow President
Please Print
Business Telephone Number 806-771-3600 FAX. 806-687-0880
E-mail Address- russell.granzow@att.net
FOR CITY USE ON LY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual-
Date of Award by City Council (for bids over S50.000): Hate P.OJContmct issued:
RETURN COMPLETED do SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITS NUMBER, THE CLOSING DATE AND TIME, AND
YOUR COMPANY NAME AND ADDRESS.
City of Lubbock, TX
Insurance Requirement Affidavit
To Be Completed by Bidder
Must be submitted with Bid
I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will
be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a
valid insurance certificate to the City meeting all of the requirements defined in this bid.
Contractor riginal Signature)
Russell Granzow
Contractor (Print)
CONTRACTOR'S BUSINESS NAME: Granzow & Associates dba Advance Elevator
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: 129AI.6ve U
Lubbock, Tx 79415
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid and award the
contract to another contractor. If you have any questions concerning these requirements, please contact
the Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572.
ITB 15-12305-PD — Civic Center Elevator Upgrades
City of Lubbock, TX
Insurance Requirement Affidavit
To Be Completed by Bidder
Must be submitted with Bid
1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will
be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a
valid insurance certificate to the City meeting all of the requirements defined in this bid.
Russell Granzow
Contractor (O inal Signature) Contractor (Print)
CONTRACTOR'S BUSINESS NAME: Advance Elevator
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: 1204 N Ave U
Lubbock TX 79415
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid and award the
contract to another contractor. If you have any questions concerning these requirements, please contact
the Director of Purchasing & Contract Management Office for the Ci of Lubbock at (806) 775-2572.
ITB 15-12305-PD — Civic Center EIevator Upgrades
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 bids on City contracts. Pursuant to Section
252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for
accurately determining the safety record of a bidder prior to awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof The
City may consider any incidents 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 bidder for violations of OSHA regulations within the past three (3) years.
Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ} the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department ('IPWD), 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 from bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment,
both for the workers and other employees of bidder and the citizens of the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential
contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3)
questions and submit them with their bids:
OUF ION_ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO—Z—
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid
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.
Bidder's Initials
4UESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, ofany kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspensionlrevocations 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-2--
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid
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.
OUESrION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, 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 from serious bodily injury or death?
YES NO
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid
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.
ACK OWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
1 certify that I have made no willful misrepresentations in this Questionnaire nor have t withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire shall be
investigated, with my full permission, and that any misrepresentations or omi ons may cause my bid to be rejected.
Signature
President
Title
2
SUSPENSION AND DEBARMENT CERTMCATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or services
equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its
principals are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
COMPANY NAME: Granzow & Associates DBA Advance Elevator
FEDERAL TAX ID or SOCIAL SECURITY No. 75-�2 54415
Signature of Company Official:
Printed name of company official signing abo : ussell GranzOw
Date Signed-4.14.2015
Page Intentionally Left Blank
LIST OF SUB -CONTRACTORS
Page Intentionally Left Blank
ITB 15-12305-PD — Civic Center Elevator Upgrades
LIST OF SUB CONTRACTORS
Minority Owned
Company Name
Location Services Provided yes NO
I. NONE
0 1:1
2.
a cl
3.
4,
6.
7.
9,
10,
0 C3
11.
0 0
12.
0 0
13.
14.
15.
El 0
16.
0 a
Company
Advance Elevator
Address
1204 N Ave U
City, County
Lubbock - Lubbock
State Zip Code
Telephone: 806 - 771-3600
Fax: 806- 687-0880
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
ITB 15-12305-PD -- Civic Center Elevator Upgrades
FINAL LIST OF SUB CONTRACTORS
Minority Owned
Company Name
Location Services Provided Yes No
1. NONE
❑ ❑
2.
D O
3.
o ❑
4.
o ❑
5.
o ❑
6
o a
7.
o ❑
8.
❑ ❑
9.
D o
10.
a ❑
11.
❑ o
12.
❑ D
13.
D D
14.
o 0
15.
❑ ❑
16.
❑ o
Company
Advance Elevator
Address
1204 N Ave U
City, County
Lubbock TX Lubbock
State Zip Code
Telephone: 806 _ 771-3600
pax.806 687-0880
THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID
CLOSING. IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO.
3
PAYMENT BOND
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a
U--
9
STATUTORY PAYMENT BOND PURSUANT TO SFA-. TION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE TIIAN $50,000)
KNOW ALL MEN .BY THESE. PRESENTS, that
Principal(s), as Principal(s), and
Advance Elevator and
Granzow & Associates
Bond No: 71667404
(hereinafter called the
(hereinafter called the Surety(s), as Surety(s) ar h d d v hound to t��e C'i , of Lubbock
J ed n� IF Thousand�iree HunseiD
(hereinafter called the Obligee), in the amount o �i ee / 0 Dollars (�
194 353.00 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 unto a certain written contract with the Obligee, dated the
day of , 2015, to
Civic Center Elevator Upgrades, ITB 15-12305-PD, Contract 12305, Project No. 91195.8302
..............................................................................................................................................................................................................................----------
...........................................................................................................................................................................................................................................
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 WFI'NESS WHER.F,OF, the said Principal. (s) and Surety (s) have signed and sealed this
instrument this 18thday of ...May ............................................. , 201.5.
WESTERN SURETY COMPANY
Surety „
*ByLtI-J,k W4
('title) RONALD R W,
Attorney -in -Fact
Advance Elevator and
Granzow & Associates
(Company Name)
By: log Aa-�
(PVre)
e)
(Si.
(Title)
No Text
The undersigned surety company represents that it is duly, qualified to do business in Texas, and
hereby designates RONALD R WARD 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.
WESTERN SURETY COMPANY
Surety
By.
(Title) RONALD R W
Approved as to form:
�y. . , Nq'Ai 1�II,�►
* dote: 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 rles.
M
No Text
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN B-THESE PRESENTS, that Granzow & Associates dba Advance Elevator
(hereinafter called the incipal(s), as Principal(s), and
(hereinafter called the Sure (s), as Surety(s), are held and firmly bound unto the City of Lubbock
(hereinafter called the Oblige , in the amount of One Hundred and Ninety -Four Thousand Three
Hundred and Fifty -Three D lars ($194,353.00) 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 verally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of , 2015, to IV 15-12305-PD Civic Center Elevator Uuarades
and said Principal under the law is required before\atngth
mencing the work provided for in said contract to
execute a bond in the amount of said contract h contract is hereby referred to and made a part
hereof as fully and to the same extent as if copied herein.
NOW, THEREFORE, THE CONDITION OF HIS OBLIGATION IS SUCH, that if the said
Principal shall pay all claimants supplying labor anq material to him or a subcontractor in the
prosecution of the work provided for in said contract, th n, this obligation shall be void; otherwise to
remain in full force and effect;
PROVIDED, HOWEVER, that this bond is execu d pursuant to the provisions of Section
2253.021(a) of the Texas Government Code, and all liabili 'es on this bond shall be determined in
accordance with the provisions of said Article to the same exte as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and rety (s) have signed and sealed this
instrument this _ day of , 2015.
Surety
an
(Title)
(Company Name)
By:
(Printed Name)
,(Signature)
(Tale)
5
The undersigned surety company represents that it is
designates an agent re
notices may be delivered and on whom service of process mE
Approved as to Form
/ualified to do business in Texas, and hereby
it in Lubbock County to whom any requisite
had in matters arising out of such suretyship.
Surety
*By:
(Title)
City of Lubbock
By:
City Attorney
* Note: If signed by an offt r of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person s authority to sign such obligation. If signed by an Attorney in Fact, we must have
copy of power of attorne for our files.
�.1
� }7
i r
PERFORMANCE BOND
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STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000) Bond No: 71667404
Advance Elevator and
KNOW ALL MEN BY THESE PRESENTS, that Granzow & Associates (hereinafter called the Principal(s),
as Principal(s), and WESTERN SURETY COMPANY
(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 One Hundred Ninety -Four Thousand Dollars ($194.352M ) lawful
money of the United States for the pa et ereo ,- at runcipal and Surety bind themselves, and their
heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of . 2015, to
Civic Center Elevator Upgrades, ITB 15.12305.PD, Contract 12305, Project No: 91195:8302
...................................................... .
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 ford and effect.
PROVIDED, 1101YEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a)
of the Texas Governinent 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 18th day of May , 2015.
WESTERN SURETY COMPANY
Surety _
* By:
'itle) RONALD R WARD
Attorney -in -Fact
Advance Elevator and
Granzow & Associates
(Company Name)
(Printed7e)
._._....... ...._....._...... ._._.. ...... ......
_..._._..._._.__.._
(Signs
(Title)
2
No Text
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates RONALD R WARD , 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.
Sleety WESTERN SURETY COMPANY
*BY
Approved as to Form
- " q .I` Aj
(Title) RONALId1'
Attomeyl-
* 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 tiles.
No Text
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 7166740
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint RONALD R WARD
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Advance Elevator and Granzow & Associates
Obligee: City of Lubbock
Amount: $500, 000. 00
and to bind the Company thereby as fully add:totthe same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of November 15
2015 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
corporate sg�jjj%j&Rffixed this 18 th day of May 2015
WEST R SURE COMPANY
3W.
„
' Paul T. ruflat, Vice President
STF� aQ�li A
€., ! ° , ss
COUNTii€.
On this 18 th day of May in the year 2015 before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co o at'on.
}ti�1�1444944444444444444ti44 +
S. PETRIK S
i SE aM NOTARY PUBLIC $ f Notary Public - South Dakota
AOUTH DAKOTA
+4ti44444444ti4441tih4ti44titi'f .
My Commission Expires August 11, 2016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 18 th day of
MaV 2015 .
WE8 SURE COMPANY
Paul T. at, Vice President
Form F5306-8-2012
Figure: 28 TAC §1.601(a)(3)
1 IMPORTANT NOTICE
To obtain information or make a complaint:
2 You may contact Western Surety Company,
Surety Bonding Company of America or Universal
Surety of America at 605-336-0850.
3 You may call Western Surety Company's, Surety
Bonding Company of America's or Universal Surety
of America's toll -free telephone number for
information or to make a complaint at:
1-800-331-6063
4 You may also write to Western Surety, gompany,
Surety Bonding Company of America or Universal
Surety of America at:
P.O. Box 5077
Sioux Falls, SD 57117-5077
5 You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-262-3439
6 You may write the Texas Department of
Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-Mail: ConsumerProtection@tdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact
Western Surety Company, Surety Bonding
Company of America or Universal Surety of
America first. If the dispute is not resolved, you
may contact the Texas Department of Insurance.
8 ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
Form F8365
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
Puede comunicarse con Western Surety Company,
Surety Bonding Company of America o Universal
Surety of America al 605-336-0850.
Usted puede Ilamar al numero de telefono gratis de
Western Surety Company's, Surety Bonding
Company of America's o Universal Surety of
America's para informacion o para someter una queja
al:
1-800-331-6063
Usted tambien puede escribir a Western Surety
Company, Surety Bonding Company of America o
Universal Surety of America:
P.O. Box 5077
Sioux Falls, SD 57117-5077
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companias, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-Mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a
un reclamo, debe comunicarse con el Western
Surety Company, Surety Bonding Company of
America o Universal Surety of America primero. Si
no se resuelve la disputa, puede entonces
comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de informacion y no se
convierte en parte o condicion del documento
adjunto.
State of Texas
Claim Notice Endorsement
To be attached to and form a part of Bond No. 71667404
In accordance with Section 2253.021(f) of the Texas Government Code and Section
53.202(6) of the Texas Property Code any notice of claim to the named surety under this
bond(s) should be sent to:
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone: (312) 822-6000
Form F6944
l
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.02 a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that
(hereinafter called the Principal(s),as Principal(s),
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto th City of Lubbock (hereinafter
9, called the Obligee), in the amount of One Hundred and Ninety -Four Thousa4d Three Hundred and Fif -
Three Dollars ($194,353.00) lawful money of the United States for the paym t whereof, the said Principal and
Surety bind themselves, and their heirs, administrators, executors, successor and assigns, jointly and severally,
firmly by these presents.
F _,
` WHEREAS, the Principal has entered into a certain written
1 ;day of , 2015, to ITB 15-12305-PD Civic Center Elevator 1
and said under the law is required before c(
principal q
execute a bond in the amount of said contract which a
fully and to the same extent as if copied at length herein.
with the Obligee, dated the
,ing the work provided for in said contract to
is hereby referred to and made a part hereof as
NOW, THEREFORE, THE CONDITION OF HIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work in accordance wit the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in ful force and effect.
PROVIDED, HOWEVER, that this bon is executed pursuant to the provisions of Section 2253.021(a)
of the Texas Government Code, and all liab' ities on this bond shall be determined in accordance with the
provisions of said article to the same extent a if it were copied at length herein.
IN WITNESS WHEREOF, the sa' ) b Principal (s) and Surety (s have signed and sealed this instrument
p
this _ day of 015.
Surety
�_. * By: -
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
2
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.
2
CERTIFICATE OF INSURANCE
City of Lubbock, TX
Purchasing & Contract Management
Bid 15-12305-PD, Civic Center Elevator Upgrades
III — INSURANCE COVERAGE REQUIRED
SECTION A. Prior to the approval of this contract by the City, the Contractor shalt furnish a completed Insurance Certificate to the City, which
shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and
which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR
PERFORM UNDERTHIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to
require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law,
court decisions, or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shalt
obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
9 Commercial General Liability
❑ Claims Made ® Occurrence
❑ WlHeavy Equipment
❑ To Include Products of Complete Operation Endorsements
PROFESSIONAL LIABILITY
UTOMOTIVE LIABILITY
Any Auto
] Scheduled Autos
Non -Owned Autos
(EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
I OR
❑ All Owned Autos
❑ Hired Autos
BUILDER'S RISK
INSTALLATION FLOATER
CARGO
WORKERS COMPENSATION —STATUTORY AMOUNTS
OCCUPATIONAL MEDICAL AND DISABILITY
10 EMPLOYERS' LIABILITY
OTHER: COPIES OF ENDORSEMENTS ARE REQUIRED
COMBINED SINGLE LIMIT
General Aggregate 1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Aggregate 1,000,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Other than Auto Only:
Each Accident
Aggregate
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases.
® To inchide products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lttbbock on all coverages, except
Asbestos containing building materials are present in this building. The attached docttntent(s) must be distributed with each bid package and
rned frith the appropriate signatures.
IMPORTANT: POLICY ENDORSEMENTS
F
r
The Contractor will provide copies of the policies without expense, to the Cityand all endorsements thereto and may make an
Y Y
reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except
where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such
policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy
coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will
contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of
each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives
for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of
insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification
provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable
policies.
E All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is
beine supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the
change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1625 13'' Street, Room 204
Lubbock, Texas 79401
-- SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve
the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the
bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.
Page Intentionally Left Blank
I
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 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
r 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 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.
w
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 Office, 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, shalt be sustained and borne by the Contractor at its own cost and expense. 1
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment are 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 mariner 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 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 shall 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 through oversight or otherwise. 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
r)
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
shall 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 -
4
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
} action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
�- The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
'! before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction 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; 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.
25.
26.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind shall 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.
DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, 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 bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance with
these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any
discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are
sufficient and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of bids.
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.
6
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 all of its Offices, 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 shall be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A ADDITIONAL INSURED TO ON AUTO/GENERAL LIABILITY ON A
PRIMARYAND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP AND PROVIDE
A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW,
OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE
CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE
SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO
THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS
COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED
ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
A.
C
Lo
E.
Commercial General Liability insurance (Primary Additional Insured and Waiver of Subrogation
required)
The contractor shall have Comprehensive General Liability Insurance with limits of $ 1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
Owner's and Contractor's Protective Liability Insurance.
For bodily injuries, including accidental death and or property damage, - NOT REQUIRED.
Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and
non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles.
Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED.
Umbrella Liability Insurance - NOT REQUIRED.
Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $ 500 000.
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.
9
n
Iin
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements_
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity shall 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
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
9
,:
(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 1_
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
shall provide services on the project shall 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.
1
(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 bid specifications.
(6)
A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
_,
(7)
The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
,
(8)
If policy limits are paid, new policy must be secured for new coverage to complete project.
(9)
A Contractor shall:
_
10
,
(a) provide coverage far its employees rovidtug services
on a protect, 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
A 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;
notify the governmental entity in writing b certified mail or personal delivery, (� f}' g Y� g Y P 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 mast 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 file identity
of their employer or status as an employee. "
"Call the Te-vas Workers' Compensation Commission at 800-372-7713 or 5I2-804-
4000 ( vww.tdi.state.tx.us) to receive information of the legal requirements for
coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage, " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
11
29.
U
(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 flied 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 ci
(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; V
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vi"i) notify the governmental entity
writing by certified mail or personal delivery,
within I4 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 t
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 Ul
to the person for whom they are providing services.
DISABLED EMPLOYEES t
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 L)
compensation, job training, and other terms, conditions, and privileges of employment.
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 all of its Offices, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, F
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"
12
t
�y
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 an way, manner or form, the indemnity provided b Contractor in paragraph 27 hereof, the
g� Y Y YP Y P g P
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its Offices, 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 Offices,
X 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 bidding.
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 all of its Offices, 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 bidding 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 therefrom.
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 contract documents, 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.
- 13
35
36.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractor's total compensation, the sum of $ 25 PER 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.
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.
TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided
and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid 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 twenty (20) calendar days of written submission by Contractor shall
be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for
extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
14
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids 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.
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 any of its Offices, 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
bid 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
43.
44.
45.
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 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.
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.
SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty
or warranties implied by law or otherwise.
CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
16
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of -
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
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 Iaw, contract,
equity or otherwise, including, but not limited to, providing for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
17
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 bids, 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
Tt
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually i
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.
18
a
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 an approved Surety Company 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
19
0
57.
58.
59
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.
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.
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.
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.
HOUSE BILL 2015
House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty
to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly
classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly
classify individuals performing work under a governmental contract will be penalized $200 for each individual
that has been misclassified. Governmental entities may want to include information on this new misclassification
penalty in their contracts with entities that are providing services covered by this new requirement (Texas
Government Code Section 2155.001).
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DAVIS BACON WAGE DETERMINATIONS
Page Intentionally Left Blank
EXHIBIT A
General Decision Number: TX150146 01/02/2015 TX146
Superseded General Decision Number: TX20140146
State: Texas
Construction Type: Building
County: Anderson County in Texas.
_Y BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis -Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
ASBE0021-002 05/01/2013
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR------------------------$52
-21_------------------------
BOIL0587-003 01/01/2013
Rates Fringes
Boilermaker ....................$ 22.71 20.63
CARP0551-007 04/01/2014
Rates Fringes
�., CARPENTER (Form Work Only) ....... $ 21.97 7.98
----------------------------------------------------------------
* IRON0263-019 12/01/2013
Rates Fringes
Ironworker, reinforcing and
structural .......................$ 22.70 5.35
----------------------------------------------------------------
LAB00154-022 05/01/2008
Rates Fringes
f
Laborers: (Mason Tender -
Cement/Concrete).................$ 14.25 2.90
----------------------------------------------------------------
PLUM0286-004 06/01/2013
Rates Fringes
Plumber .........................$ 27.03 10.40
----------------------------------------------------------------
SUTX2009-001 04/20/2009
Rates
Fringes
BRICKLAYER .......................$
18.00
0.00
CARPENTER, Includes
Acoustical Ceiling
Installation, Batt
Insulation, and Metal Stud
Installation (Excludes
Drywall Hanging, and Form
Work) ............................$
15.13
2.63
CEMENT MASON/CONCRETE FINISHER...$
12.09
0.00
DRYWALL HANGER ...................$
13.89
1.00
ELECTRICIAN ......................$
18.06
4.87
LABORER: Common or General ......
$
12.19
0.00
LABORER: Landscape &
Irrigation .......................$
8.50
0.22
LABORER: Mason Tender - Brick...$
12.02
0.00
LABORER: Mortar Mixer ...........
$
12.00
0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......
$
14.67
0.47
OPERATOR: Bulldozer .............$
13.00
0.35
OPERATOR: Crane .................$
21.33
0.00
OPERATOR: Forklift ..............$
14.58
0.00
OPERATOR: Loader (Front End) ....
$
10.54
0.00
PAINTER: Brush, Roller and
Spray ............................$
11.75
0.00
ROOFER ...........................$
13.64
1.80
SHEET METAL WORKER ...............$
17.00
0.00
TILE SETTER ......................$
15.00
0.00
z
TRUCK DRIVER .....................$ 10.68 0.34
----------------------------------------------------------------
FIELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
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
3
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
• a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
on survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
4
9
interested party (those affected by the action) can request
�. review and reconsideration from the Wage and 8uor Administrator
(See 29 CFB Part 1.8 and 29 CFR Part 7)' Write to;
y ! Wage and Hour Administrator
x, - 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'a position and by any information (wage
� payment data, project description, area practice material,
t,
etc.) that the ceguestoz 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;
K| Administrative Review Board
�i U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, 0C 20210
4') All decisions by the Administrative Review Board are final.
`
END OF GENERAL DECISION
�
Page Intentionallv Left Blank
AC40RDr CERTIFICATE 4F LIABILITY INSURANCE
F Do (MM
of MI
THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(tes) must be endorsed. It SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such ondomement s .
PRODUCER
CONTACT
RONNIE WARD & COMPANY
'HONE
(Air M. . (214 358-5000 PAX (888) 433-Q902
P.O. BOX 7777
ESIAIL
DALLAS TX 75209
c
INSURER A HARTFORD UNDERWRITERS INSURANCE
INSURED
INSURER .TEXAS MUTUAL INSURANCE CO
GRANZOW � ASSOC.
ADMIRAL INSURANCE
.
ADVANCE ELEVATOR
INSURER R TRAVELERS CASUALTY INSURANCE CO
1204 N. Ave U
11WHA .COMMERCE & INDUSTRY
Lubbock TX 7941S.
COVERAGES
CFRTIFICATF NIIIVIRFRt
REVISION NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS.
iNSR
11.
TYPE OF INSURANCE
ADOL
SUER
POLICY NUMBER
POLICY EFF
AHHMDM=
POLICY EXP
IM
LIMITS
A
GENERAL
LIABILITY
13UENOJ688715
11/15/2014
11/15/2015
EACHOCCURRENCP
S 1.000,000
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE M OCCUR
DAMAGE TO REKTED
S 300,000
MED EXP onePerm)
5 10,000
PERSONAL S. ADV INJURY
S 1,000,000
GENERAL AGGREGATE
S 3,000,000
GENIAGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMPIOPAGG
5 3,000,000
Maximum Annual Agg
s 10,000,000
17 POLICY M PRO 11 Loc
D
AUTOMOBILE
LIABILITY
BA-8732N220.14-SEL
0910512014
l0512015
08TN9SINGLELIMiT
1,000.000
BODILY INJURY (Perpenon)
S
X
ANY AUTO
BODILY INJURY(Peraoddenq
$
ALLOWNEO SCHEDULED
AUTOS RO ON -OWNED
HIRED AUTOS AUTOS
PROPERTY DAMAGE
S
S
E
X
UMBRELLAuAB
X
OCCUR
EBU012492999
11/1W2014
11/15/2015
EACHOCCURRENCE
s 5,000,000
AGGREGkTE
5 5,000.000
EXCESSUAB
CLAiMS.MADE
S
B
WORKERS COMPENSATION
SBP00012181102014
11/13/2014
11/13/2015
X WCSTATU I o71i
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNEREXECUTNE
OFFICEWMEMBER EXCWDED7
(Mandatory In NH)
U ea, deaC1�0 under
NIA
EACH ACCIDENT
1.000.000
FL DISEASE- EA EMPLOYEE
S 1,000.000
. POLICY LIMIT
1,000,000
C PROFESSIONAL
E000001213106
11104/2014
11104/2015
($1 MILLION CLA/AGG $2500 DEDUCT
CLAIMS MADE FORM
RETRO DATE 11/4/2001
DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACORD 101, Addwona) Remarks Schedule U mon a aw is ulnd)
The general Ilabllity contains the attached blanket additional insured forms CG339405i2 and Gf G3395R512 as well as the attached blanket waiver of
subrogation form CG24040509.
CERTIFICATE HOLDER CANCELLATION M1 UUu rko
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Lubbock
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
162513th Street
ACCORDANCE WITH THE POLICY PROVISIONS.
Lubbock, Texas 79401
AUTHORIZED REPRESENTATIVE
-
C ACORD 25 (2010106)
L �.
01988-2010 ACORD CORPORATION. AD rights reserved
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 33 94 0512
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS ADDITIONAL. INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Location And
Of Completed
Any person or organization ror venom you are perrorming Any location within the "coverage territory", and for all
operations when you have agreed that such person completed operations
or organization be added as an additional insured on
your poky under.
1. A written contract or agreement that is in
effect during the term of this policy and such
contract Is entered into prior to the "occurrence'
of any "bodily Injury. "property damage`.
"personal Injury',
or "advertising Injury";
Or.
2. An oral contract or an oral agreement with a
person or organization where a certificate of
Insurance showing that person or organization
as an Additional Insured has been issued; and
such oral contract or oral agreement is in effect
during the term of this policy and such contract
Is entered into prior to the'occurmnce' of any
'bodily Injur, 'property demage', "personal
Injury,
or'advertisina inlurv°:
If
Section li — Who Is An Insured is amended to
include as an additional Insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to Ilabirdy for "bodily injury" or `property
damage" caused, in whole or in part. by "your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and Included In the "products -
completed operations hazard".
CG 33 94 0512
However, if you have entered Into a construction
contract subject to Subchapter C of Chapter 151 of
Subtitle C of Title 2 of the Texas Insurance Code with
the additional insured shown in the Schedule, the
Insurance afforded to such person(s) or organization(s)
only applies to the extent permitted by Subchapter C of
Chapter 151 of Subtitle C of Title 2 of the Texas
Insurance Code.
0Insurance Services Office, Inc., 2011
Page 1 of 1
n
a
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 Ob 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
APPLICABLE ONLY TO ANY PERSON OR ORGANIZATION WHERE THERE IS A WRITTEN
CONTRACT/AGREEMENT IN EFFECT.
information required to com fete this Schedule if not shown above will be shown in the Declarations.
The following is added to Paragraph S. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown In the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CO 24 04 fly 09
® Insurance Services Office, Inc., 2008
Page i of 1
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
Y
CG 33 95 0512
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS ADDITIONAL. INSURED --
OWNERS, LESSEES OR CONTRACTORS �-
SCHEDULED PERSON OR ORGANIZATiON
This endorsement modifies insurance provided under the following:
COMMERCIAL. GENERAL LIABILITY COVERAGE PART
Any person or organization for wnom you are penormfng
operations when you have agreed that such person or
organization be added as an additional insured on your
policy under.
1. A written contract or agreement that is In effect during
the term of this policy and such contract is entered
Into prior to the "occurrence" of any "bodily Injur,
'property damage", "personal injury', or "advertising
injury%
2. An oral contract or oral agreement with a person
or organization when a certificate of insurance
showing that person or organization as an Additional
Insured has been issued; and such oral contract
or oral agreement is in effect during the term
of this policy and Is entered Into prior to the "occurrence"
of any Obodily Injury', 'property damage,
A. Section it — Who Is An insured is amended to
include as an additional Insured the person(s) or
organization(s) shown In the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising Injury"
caused, In whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
In the performance of your ongoing operations for
the additional Insured(s) at the location(s)
designated above.
CG 33 95 Ob 12
Any location within the "coverage territory"
However, If you have entered into a construction
contract subject to Subchapter C of Chapter 151
of Subtitle C of Title 2 of the Texas insurance
Code with the additional insured shown in the
Schedule, the insurance afforded to such
person(s) or orgenization(s) only applies to the
extent permitted by Subchapter C of Chapter 151
of Subtitle C of Title 2 of the Texas insurance
Code.
® insurance Services Office. inc., 2011
Page 1 of 2