HomeMy WebLinkAboutResolution - 2021-R0186 - Contract 15924 with Lee Lewis Construction 5.25.2021Resolution No. 2021-R0186
Item No. 6.8.1
May 25, 2021
RESOLUTION
WHEREAS, on March 12, 2021 Citizens Tower and the Lubbock Power and Light
customer service center experienced significant flood damage throughout the basement areas;
and
WHEREAS, the Texas Local Government Code Ch. 252.022(a)(3) provides for a
municipality to award a contract without going through a formal competitive process when the
procurement is necessary due to unforeseen damage to public machinery, equipment, or other
property; and
WHEREAS, Lee Lewis Construction, Inc. (LLCI) performed the original construction of
said facilities, and has advanced knowledge of the construction of these facilities that will assist
in quickly repairing and re -opening the facilities to the public; and
WHEREAS, the City Council of the City of Lubbock finds it in the best interest of the
public to utilize LLCI for the repair of these facilities.
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, Service Contract No. 15924 for damage repairs for
the Utility Customer Services Center, by and between the City of Lubbock and Lee Lewis
Construction, Inc., of Lubbock, Texas, and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council on
ATTEST:
Rebec a Garza, City Sec et
May 25, 2021
L"
DANIEL M. POPE, MAYOR
APPROVED AS TO CONTENT:
Bill o ert n, Depu anager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.Contract 15924 Damage repairs for the Utility Customer Services Center
May 20, 2021
Resolution No. 2021-R0186
Contract 15924
CONTRACT BETWEEN THE CITY OF LUBBOCK
AND LEE LEWIS CONSTRUCTION, INC.
STATE OF TEXAS
COUNTY OF LUBBOCK
This contract, (the "Contract"), effective as of the25thday of May , 2021, (the "Effective Date"),
is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and Lee Lewis Construction,
Inc." ("Contractor").
WITNESSETH
WHEREAS, the City is in need of Services for the Utility Customer Services Center (UCSC) Flood
Repairs project, 1401 Avenue K, Lubbock, TX (the "Services");
WHEREAS, the Parties enter into this agreement in accordance with Local Government Code (LGC) §
252.022(a) (3); and
WHEREAS, the Contractor has the materials, experience and skill required for the Services described
above; and
WHEREAS, the City desires to contract with the Contractor to perform the Services;
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this
Contract, the City and Contractor hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without interruption for a term
of six (6) months from and after the Effective Date. The term may be extended for up to three (3) additional
months with the written consent of both parties for no additional compensation. An amendment requiring
additional compensation shall be approved by the City Council of the City of Lubbock.
ARTICLE H. SERVICES AND COMPENSATION
A. The Contractor shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached
hereto (the "Services").
B. The Contractor shall receive as consideration to be paid for the performance of the Services, in an amount not to
one million seven hundred fifty-five thousand and fifty dollars and NO/100 ($ 1,755,050.00) as detailed in
Exhibit A,
ARTICLE M. TERMINATION
A. General. City may terminate this Contract, for any reason, upon thirty (30) days written notice to
Contractor.
B. Termination and Remedies. In the event CONTRACTOR breaches any term and/or provision of this
Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including
without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The
exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or
remedy and all other rights and remedies shall be cumulative. City or CONTRACTOR may, in its sole
discretion, terminate this Agreement at any time, with or without cause upon thirty (30) days written notice.
ARTICLE IV. REPRESENTATIONS AND WARRANTIES
A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the
laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all
other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated
hereby have been duly and validly authorized by all the requisite corporate action on the part of CONTRACTOR.
This Contract constitutes legal, valid, and binding obligations of the CONTRACTOR and is enforceable in
accordance with the terms therof.
D. Contractor. Maintains a professional staff and employs, as needed, other qualified specialists
experienced in providing Services and are familiar with all laws, rules, and regulations, both state and federal,
including, without limitation the applicable laws, regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good
and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to
predictive maintenance services, as contemplated hereby. If any of the activities of CONTRACTOR, or
omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City,
it shall be deemed that Contractor did not perform said activities (or omitted the performance of said activities)
in a good and workmanlike manner.
F. Use of Copyrighted Material. Contractor warrants that any materials provided by Contractor for use by
City pursuant to this Contract shall not contain any proprietary material owned by any other party that is
protected under the Copyright Act or any other similar law. Contractor shall be solely responsible for ensuring
that any materials provided by Contractor pursuant to this Contract satisfy this requirement and Contractor agrees
to hold City harmless from all liability or loss to which City is exposed on account of Contractor's failure to
perform this duty.
ARTICLE V. SCOPE OF WORK
Responsibilities. Contractor agrees to provide all Services at above said location, and described in Exhibit A
which is attached hereto and incorporated herein as if fully set forth.
ARTICLE VI. INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this Contract as an independent
Contractor. Contractor has the sole discretion to determine the manner in which the services are to be performed.
ARTICLE VII. PREVAILING WAGE RATES
Contractor 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 sub contractor in the execution of the contract for
the project
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.A
Contractor or sub contractor who violates Texas Government Code Section 2258.023 shall pay to the City of
Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is
paid less than the wage rates stipulated in the contract.
ARTICLE VIII. EMPLOYMENT OF AGENTS
Contractor may employ or retain agents, consultants, Contractors, or third parties, to perform certain
duties of Contractor under this Contract provided that CONTRACTOR is in no event relieved of any obligation
under this Contract. Any such agents, Contractors, or third parties retained and/or employed by Contractor shall
be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as
additional insureds, insurance as described above in this Contract.
ARTICLE IX. CONFIDENTIALITY
Contractor shall retain all information received from or concerning the City and the City's business in
strictest confidence and shall not reveal such information to third parties without prior written consent of the
City, unless otherwise required by law.
ARTICLE X. INDEMNITY
THE CONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS
ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES,
DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY,
RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF,
RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS
AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY
OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
ARTICLE XI. COMPLIANCE WITH APPLICABLE LAWS
Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and
regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments
thereto.
ARTICLE XII. NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by
this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the
written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice
shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly
addressed to the other party at the address provided in this article, registered or certified mail, return receipt
requested, in which case such notice shall be effective on the third business day after such notice is so deposited.
B. Contractor's Address. Contractor's address and numbers for the purposes of notice are:
Lee Lewis Construction, Inc.
Attn: Josh Weems
Telephone: (806) 853-8169
Email: jweems@leelewis.com
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: Wes Everett, Director of Facilities Management
P. 0. Box 2000
1314 Avenue K
Lubbock, Texas 79457
Telephone: (806) 775 - 2275
Email: weverette@mylubbock.us
D. Change of Address. Either party may change its address or numbers for purposes of notice by giving
written notice to the other party, referring specifically to this Contract, and setting forth such new address or
numbers. The address or numbers shall become effective on the 15th day after such notice is effective.
ARTICLE XIII. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract
strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect
in construing this Contract.
B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may
audit, at its expense and during normal business hours, Contractor's books and records with respect to this
Contract between Contractor and City.
C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by
Contractor.
D. Assignability. Contractor may not assign this Contract without the prior written approval of the City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City, CONTRACTOR,
and their respective successors, legal representatives, and assigns.
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY
IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF
THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS
ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE
CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of
competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the
application of such provision to persons and/or circumstances other than those with respect to which it is held
invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and
duly executed by Contractor and City.
I. All funds for payment by the City under this Agreement 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 services provided under the Agreement, the City will terminate the Agreement, 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 services covered by this Agreement is spent, whichever event occurs first
(the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement,
cancellation shall be accepted by the Engineer 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 Agreement beyond the Non -
Appropriation Date.
J. 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.
K. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a
contract with a vendor that is identified by The Comptroller as a company known to have contracts with or
provide supplies or service with Iran, Sudan or a foreign terrorist organization.
L. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent
certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and
will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any
facts that make it exempt from the boycott certification in its Response.
M. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code,
may apply to this contract and the Contractor or vendor agrees that the contract can be terminated if the
Contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter
N. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor
agrees to: (1) preserve all contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the
governmental body any contracting information related to the contract that is in the custody or possession of the
entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost
to the governmental body all contracting information related to the contract that is in the custody or possession of
the entity; or (B) preserve the contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body.
O. Entire Agreement. This Contract, contains the Entire Contract between the City and
CONTRACTOR, and there are no other written or oral promises, conditions, warranties, or representations
relating to or affecting the matters contemplated herein.
EXECUTED as of the Effective Date hereof.
ATTEST:
N-
Rebe—ceaNQa.rza, City Secretary
APPROVED AS TO CONTENT:
W y verett, ctor of Facilities Management
APPROVED AS TO FORM:
k64, VV
Kelli Leisure, Assistant City Attorney
LEI
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
TITLE
PAYMENT BOND
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that
Principal(s), as Principal(s), and
(hereinafter called the
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars ($ )
lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day___ of _ 20211
to
and said Principal under the law is required before commencing the work provided for in said contract to execute
a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subContractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a)
of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument
this day of , 2021.
Surety
*By:
By:
(Title)
(Company Name)
(Printed Name)
(Signature)
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and
hereby designates an agent resident in Lubbock County to whom any requisite notices
may be delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
* By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an Office 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.
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
, 2021, to
and said principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of , 2021.
Surety
(Company Name)
* By: By:
(Title) (Printed Name)
(Signature)
(Title)
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 Office 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.
CERTIFICATE OF INSURANCE
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Floor 9
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is,
at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for
the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
TYPEOFILINNSUIRCA"N
LIMITS
'POLICY NUMBER
EFFEUMVE
EFFECTIVE
DATE
DATE
GENERAL TTA-= IT
Commercial General Liab
lity
General Aggregate
Claims Made
Products-Comp/Op AGG
Occurrence
Personal & Adv. Injury
Owner's & Contractors Pi
Aective
Each
Occurrence $
Fire Damage (Any one Fire)
$
Med Exp (Any one Person)
Any Auto
Combined Single Limit
All Owned Autos
Bodily Injury (Per Person)
Scheduled Autos
Bodily Injury (Per Accident)
Hired Autos
Property Damage
Non -Owned Autos
Any Auto
Auto Only - Each Accident
Other than Auto Only:
$
Each Accident
$
Aggregate
100% of the Total Contra
Price
INSTALLATION FLOAT
LJAI..GUU LLtilll/�ll l
$Umbrella Form
$Other Than Umbrella Form
Each Occurrence
Aggregate
EMPLOYERS' LIABILITY
The Proprietor/ Included Statutory Limits
Partners/Executive Excluded Each Accident
Offices are: Disease Policy Limit
Disease -Each Employee
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
By:
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General
Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE
CONTRACTOR'S. THE ADDITIONAL INSURE[) EN[)ORSEMENT SHALL INCLUDE PRODUCTS AND
COMPLETE OPERATIONS.
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the Contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the Contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the Contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND
NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A
WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE
INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH
SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the Contractor prior to that person beginning work on the
proj ect;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of
this rule;
(D) 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;
(E) obtain from each other person with whom it contracts, and provide to the Contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
CITY OF LUBBOCK WAGE DETERMINATIONS
EXHIBIT A
City of Lubbock
Building Construction
Prevailing Wage Rates
Craft Hourly Rate
Automatic Fire Sprinkle Fitter, Certified
28.00
Block, Brick, and Stone Mason
23.00
Carpenters -Acoustical Ceiling Installation
16.00
Carpenter -Rough
13.00
Carpenter -All other work
16.50
Caulker/Sealers
12.00
Cement & Concrete Finishers
16.67
Commercial Truck Drivers
10.26
Crane & Heavy Equipment Operator
20.00
Door & Hardware Specialist
16.00
Drywall and Ceiling Tile Installers
16.00
Drywall Finishers & Tapers
12.00
Electrician
21.21
Floor Layers -Carpet and Resilient
18.00
Floor Layers -Specialty
18.00
Floor Layers -Wood
18.00
Glaziers
17.00
Heating, Air Conditioning & Refrigeration Svc. Tech
21.31
HVAC Mechanic Helper
13.62
HVAC Sheet metal Ductwork Installer
19.30
HVAC Sheet metal Ductwork Installer Helper
13.85
Insulation Workers -Mechanical
12.00
Irrigator -Landscape Certified
13.50
Laborer: Common or General
11.65
Laborer: Mason Tender -Brick
17.00
Laborer: Mason Tender-Cement/Concrete
16.92
Laborer: Roof Tear off
11.09
Roofer
17.44
Painters (Brush, Roller & Spray)
12.00
Paper Hanger
13.00
Pipe Fitters & Steamfitters
24.10
Plaster, Stucco, Lather and EIFS Applicator
17.00
Plumber/Medical Gas Installer
22.83
Plumber Helper
14.20
EXHIBIT B
City of Lubbock
Heavy and Highway
Prevailing Wage Rates
Craft
Hourly Rate
Power Equipment Operator -Tower Crane
30.00
Hydraulic Crane Operators 60 tons & above
32.00
Operator Backhoe/Excavator/Truck hoe
20.25
Bobcat/Skid Steer/Skid Loader
15.22
Drill
16.00
Grader Blade
18.00
Loader
18.00
Mechanic
22.85
Paver (Asphalt, Aggregate, & Concrete)
17.00
Roller
15.00
Reinforcing Iron & Rebar Workers
14.33
Sheet Metal Workers, Excludes HVAC Duct Installation
21.38
Structural Iron & Steel Workers/Metal Building Erector
15.00
Asphalt Distributor Operator
16.50
Asphalt Paving Machine Operator/Spreader Box Operator
18.75
Backhoe Operator
18.00
Cement Mason/Concrete Finishers (Paving Structures)
15.00
Crane Operator (Hydraulic)
25.00
Electrician
17.50
Laborer
13.50
Laborer, Common
15.64
Laborer, Utility
13.50
Crane, Lattice Boom 80 Tons or Less
30.00
Loader/Backhoe
18.00
Roller/Other
15.00
Welder Certified/Structural Steel Weld
25.00
EXHIBIT C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
Lee Lewis
Construction, Inc.
LL7M
May 19t', 2021
City of Lubbock
162513"' Street
Lubbock, Texas 79401
Attn: Wesley Everett — Director of Facilities
Re: Citizens Tower Repairs
Mr. Everett
Exhibit A
Lee Lewis Construction proposes to complete the repairs scope of work for the water damage to the basement
lobby of the Citizens Tower Building and the LP&P Building for the Guaranteed Maximum price of $ 1,755,050.00
per the original finishes, plans and specifications by Perkins & Will Architects dated 5/12/2017.
Project duration is estimated to be 6 months from Notice to Proceed.
Citizens Tower Guaranteed Maximum Price Water Damage Repairs $ 1,755,050.00
( repair and/or replacement of water damaged finishes and building system per City of Lubbock Scope
UCSC Flood Repairs Project # 92369 Section 01 10 00 Summary )
Attached are Assumptions and Clarifications along with a GMP Summary. Thank you for this opportunity, should
you have any questions, please do not hesitate to contact our office.
Sincerely,
-4e
Kirk Hughlett
Chief Estimator — Vice President
Attachment;
Assumptions & Clarifications
Summary
17111 Preston Road
7810 Orlando Ave. Suite 100
P.O. Box 65197 P.O. Box 795037
Lubbock, TX 79464 Dallas, TX 75379
806-797-8400 9 806-797-8492 972-818-0700 9 972-818-0706
®Lee Lewis
Construction, Inc.
Citizens Tower Flood Reaairs Clarifications
5/19/2021
1
Excludes Sales Tax
2
Includes Performance & Payment Bond
3
Does not include any costs or responsibility for work previously complete by others to date.
4
Does not include any costs or responsibilities for scope of work not listed on the GMP Summary or sub pricing scopes
5
Does not include any furnishings, fixtures orequipment not specifically listed on the GMP Summary
6
Does not include any mold or moisture remediation.
7
GMP pricing includes $ 150,000 Contingency
8
Excludes Testing
9
Excludes Building Permit Costs
10
DOCUMENT 01 10 00
SUMMARY
SECTION 0110 00 - SUMMARY
PART 1- GENERAL
1.1 SUMMARY
A. Section Includes:
1. Project information.
2. Work covered by Contract Documents.
3. Owner-fumished/Contractor-installed (OFCI) products.
4. Contractor Use of Site and Premises.
5. Work Restrictions.
1.2 PROJECT INFORMATION
A. Project Identification: Citizens Tower & Utilities Customer Services Center (UCSC) Flood
Repair.
1. Project Location: 1314 Avenue K & 1401 Avenue K, Lubbock, Texas.
B. Owner: City of Lubbock.
1. Owner's Representative: Wes Everett, P.O. Box 2000, 1314 Avenue K, Lubbock, Texas
79457, T: 806.775.2368, F: 806.775.2275, weverett@mylubbock.us.
1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. The Work of Project is defined by Exhibit A and includes, but is not limited to, the following:
1. Without force or effect, Work of Project consists of repair to "like and kind" condition of
approximately 30,000 square feet of basements and tunnel of the UCSC and Citizens
Tower, damaged by the flood event of March 12, 2021. Work and building assemblies
consist of minor demolition, planters, irrigation controls, rough carpentry, millwork,
wood wall paneling with custom metal edge trim, pedestal pavers, doors & hardware,
glazing, aluminum entrances, gypsum drywall, lay -in ceilings, ceramic tile, quartz
countertops, carpet, terrazzo, acoustic wall covering, paint, finish protection, toilet
partitions & accessories, glazed demountable partitions, lockers, wall protection, corner
guards, residential appliances, window shades, hydraulic elevator, fire sprinkler, FM200
system, plumbing fixtures & controls, HVAC units & controls, electrical wiring &
controls, data cabling, audio visual equipment & controls and other Work indicated in
Exhibit A.
B. Type of Contract:
1. Project will be constructed under a single prime contract.
1.4 OWNER-FURNISHED/CONTRACTOR-INSTALLED (OFCI) PRODUCTS
A. Owner's Responsibilities: Owner will furnish products indicated and perform the following, as
applicable:
1. Provide to Contractor Owner -reviewed Product Data, Shop Drawings, and Samples.
2. Provide for delivery of Owner -furnished products to Project site.
3. Upon delivery, inspect, with Contractor present, delivered items.
a. If Owner -furnished products are damaged, defective, or missing, arrange for
replacement.
4. Obtain manufacturer's inspections, service, and warranties.
5. Inform Contractor of earliest available delivery date for Owner -furnished products.
B. Contractor's Responsibilities: The Work includes the following, as applicable:
1. Designate delivery dates of Owner -furnished products in Contractor's construction
schedule, utilizing Owner -furnished earliest available delivery dates.
CITIZENS TOWER & UCSC FLOOD REPAIR 01 10 00 - 1
DOCUMENT 01 10 00
SUMMARY
2. Review Owner -reviewed Product Data, Shop Drawings, and Samples, noting
discrepancies and other issues in providing for Owner -furnished products in the Work.
3. Receive, unload, handle, store, protect, and install Owner -furnished products.
4. Make building services connections for Owner -furnished products.
5. Protect Owner -furnished products from damage during storage, handling, and installation
and prior to Substantial Completion.
6. Repair or replace Owner -furnished products damaged following receipt.
1.5 CONTRACTOR'S USE OF SITE AND PREMISES
A. Restricted Use of Site: Contractor shall have limited use of Project site for construction operations
as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.
B. Limits on Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions
of Project site beyond areas in which the Work is indicated.
1.6 WORK RESTRICTIONS
A. Comply with restrictions on construction operations.
1. Comply with limitations on use of public streets, work on public streets, rights of way,
and other requirements of authorities having jurisdiction.
B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or
others unless permitted under the following conditions and then only after arranging for
temporary utility services according to requirements indicated:
1. Notify Architect not less than two days in advance of proposed utility interruptions.
2. Obtain Architect's written permission before proceeding with utility interruptions.
C. Smoking and Controlled Substance Restrictions: Use of tobacco products, alcoholic beverages,
and other controlled substances on Owner's property is not permitted.
D. Employee Identification: Provide identification tags for Contractor personnel working on Project
site. Require personnel to use identification tags at all times.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 0110 00
01 10 00 - 2 CITIZENS TOWER & UCSC FLOOD REPAIR
Lee Lewis
Construction, Inc.
May 19th, 2021
City of Lubbock
1625 131' Street
Lubbock, Texas 79401
Attn: Wesley Everett — Director of Facilities
Re: Citizens Tower Repairs
Mr. Everett
Exhibit A
Lee Lewis Construction proposes to complete the repairs scope of work for the water damage to the basement
lobby of the Citizens Tower Building and the LP&P Building for the Guaranteed Maximum price of $ 1,755,050.00
per the original finishes, plans and specifications by Perkins & Will Architects dated 5/12/2017.
Project duration is estimated to be 6 months from Notice to Proceed.
Citizens Tower Guaranteed Maximum Price Water Damage Repairs $ 1,755,050.00
( repair and/or replacement of water damaged finishes and building system per City of Lubbock Scope
UCSC Flood Repairs Project # 92369 Section 01 10 00 Summary )
Attached are Assumptions and Clarifications along with a GMP Summary. Thank you for this opportunity, should
you have any questions, please do not hesitate to contact our office.
Sincerely,
Kirk Hughlett
Chief Estimator — Vice President
Attachment;
Assumptions & Clarifications
Summary
17111 Preston Road
7810 Orlando Ave. 100
P.O. Box 65197 P.O. Box Suite
ite 100
Lubbock, TX 79464 037
Dallas, TX 75379
806-797-8400 • 806-797-8492 972-818-0700 9 972-818-0706
®Lee Lewis
Construction, Inc
Citizens Tower Flood RP_nAirc Mnrifienfinnc
5/19/2021
1
Excludes Sales Tax
2
Includes Performance & Payment Bond
3
Does not include any costs or responsibility for work previously complete by others to date.
4
5
Does not include any costs or responsibilities for scope of work not listed on the GMP Summary or sub pricing scopes
Does not include any furnishings, fixtures orequipment not specifically listed on the GMP Summary
6
Does not include any mold or moisture remediation.
7
GMP pricing includes $ 150,000 Contingency
8
Excludes Testing
9
Excludes Building Permit Costs
10
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-984512
Lee Lewis Construction, Inc.
Lubbock, TX United States
Date Filed:
02/16/2023
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract
15924
General Construction
Nature of interest
4 Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Lewis, Lee
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (oountry)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
GC*1101W
Signature authorized agent of contracting business entity
(Declarant)
Fnrmc nrnvirlari by Texas Fthir_s Cnmmissinn www_ethics_state_tx_us Version V3.5.1.3ac88bc0
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-984512
Lee Lewis Construction, Inc.
Lubbock, TX United States
Date Filed:
02/16/2023
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
02/16/2023
g
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
15924
General Construction
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Lewis, Lee
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0