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Home My WebLink AboutResolution - 2019-R0415 - Matthews Backhoe - 11_19_2019I Resolution No. 2019-RO415 I Item No. 6.16 November 19, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Public Works Contract No. 14967 for Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas as per RFP 20- 14967-TF, by and between the City of Lubbock and Matthews Backhoe, 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 November 19, 2019 ��j DANIEL M. POPE, MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: Mark Tearwood, Assistant City Manager APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney ccdocs/RES.Contract 14967 — Demolition of Comm. Prop, 114 Cherry Ave. October 29, 2019 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: November 19, 2019 CITY OF LUBBOCK SPECIFICATIONS FOR Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas RFP 20-14967-TF CONTRACT: 14967 PROJECT NUMBER: 80065.9838 Plans & Specifications may be obtained from Bidsync.com kAirt TEXAS CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank ADDENDUM Page Intentionally Left Blank City of bock TEXAS ADDENDUM I Asbestos Survey RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas DATE ISSUED: October 11, 2019 CLOSE DATE: October 22, 2019 at 2:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please review, incorporate, and acknowledge the information in this addendum on the signature page of the Proposal Submittal Form. Asbestos Survey 1. The asbestos survey has been uploaded for reference. Please see the attached document. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFloreskmylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, CITY OF LUBBOCK Teofilo Flores Assistant Director City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasiniz and Contract Management if anj language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. 50,10City of ubbo&k TEXAS ASBESTOS BUILDING SURVEY Site: 114 Cherry Ave Survey Summary Intent of Surv2j The purpose of this inspection is to locate all ACBM, assess its condition, and make recommendations. The survey included a comprehensive visual inspection and bulk sampling to determine the presence of asbestos -containing materials (ACM) Certifications The City of Lubbock is licensed and authorized to perform as an Asbestos Management Planner agency- DSHS license # 200076. The City of Lubbock employs Wesley Everett who is licensed as an Asbestos Individual Management Planner DSHS license # 205545 to write and maintain a written plan describing appropriate actions for surveillance and management of asbestos containing materials. Buildina Summary Abandoned commercial property located at 114 Cherry Ave in Lubbock, Texas. The building consists of asphalt roof, gypsum and CMU block walls, textured ceilings, vinyl tile floors, and bricked exterior. Survey Results An asbestos survey was conducted 02/08/2008.This survey only included flooring, roofing materials, cove base, wall surfacing, carpet mastic, and white sheetrock. The samples taken indicated that white texture throughout the facility contains asbestos. Due to the deterioration of the facility the texture has contaminated the interior and furnishings remaining in the building. Due to the limited nature of this survey the City of Lubbock does not warrant the existence or non-existence of ACBM concealed in spaces or areas not sampled. Therefore, any suspect materials hidden in or behind walls or other areas not accessible are not included in this report. y "" Wesley Oereft T . Carpenter DSHS AIMP #205545 Asbestos Coordinator ��www�•r�wwu 52S6!l�iS'3ih�C'LY"i2�'S1lC�'_�F.'6MY06�.=6�5i7�`iild6'J' 17�LiS <*%S�riyd `! � {y �L+S r�}¢1. M F LABORATORIES 9033 Heritage Park Drive I01dahoma Clay, OK 731201(405) 755-7272 /flax (405) 755-M Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 158808 Client: City of Lubbock Account Number: B370 Facility Management 1625 13th St. Date Received: 02112- 2008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 02119/2008 Project: Nursing Home Analyzed By: Stacey Holder Project Location: 114 Cherry Methodology: EPA/6001R-93.116 Project Number: 020808 QuanTEM Client Color Non -Asbestos Sample ID Sample ID Composition Description Asbestos (%) Fiber (%) 001 FT I Layered Beige Asbestos Not Present Cellulose 1 Floor Tile K l a Layered Yellow Asbestos Not Present Cellulose 2 Mastic 00113 layered Gray Asbestos Not Present Cellulose <1 Leveling Compound W 1 l; Layered Beige Asbestos Not Present Cellulose # I Floor Tile f101 d Layered Beige Asbestos Not Present Cellulose 1 Mastic W2 F T-2 Layered Beige Asbestos Not Present Cellulose I Floor Tile M23 Layered Yellow Asbestos Not Present Cellulose 2 Mastic Unless otherwise rnmed, upon receipt the condition of the sample was acceptable for analysis. QuanTEM is a NVLAP accredited TEM and PLM laboratory {Lab Code: 101959-0). Thu report relates Only to the specific items tested. NVtAP accreditation applies only to analysis perfoened utilizing EPA1600/M4.82-020 and EPA160DIR-93 116 methods. This report may not be used to clain product endorsemart by NV LAP or any other agency of the US Govemmm This report nay not be reproduced except in full, without the wtrnen approval of the laboratory RECEIVED FEB 2 5 100 Page 1 of 7 GM MM ORIES 2033 HerNage Park Drive 1 Oklahoma City, OK 731201(405) 755-7272 / Fax (405) 755-2t158 Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 158808 Client: City of Lubbock Account Number. B370 Facility Management 1625 13th St. Date Received: O2r 1212008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 0211912008 Project: Nursing Home Analyzed By: Stacey Holder Project Location: 1 ] 4 Cherry Methodology: EPA/600/R-93-116 Project Number: 020909 QuanTEM Client Color' Non -Asbestos Sample ID Sample ID Composition Description Asbestos (°/.} Fiber (%) 002b Layered Brown Asbestos Not Present Cellulose 2 Leveling Compound 002c Layered Beige Asbestos Not Present Cellulose I Floor Tile V43 FT- Layered Beige Asbestos Not Present Cellulose 1 Floor Tile txl3 a Layered Yellow Asbestos Not Present Cellulose 2 Mastic 36 Layered Brown Asbestos Not Present Cellulose 2 Leveling Compound '5c Layered Beige Asbestos Not Present Cellulose I Floor Tile +ltx4 t'9.4 Layered Green Asbestos Not Present Cellulose l Cove Base Unless otherwise noted, upon receipt the condition of the sample was acceptable for analysis. QuanTEM is a h VLAP accredited TEM and PLM laboratory(Lab Code: 101959-0). T M repW relates only to the specific items tested. NVLAP accreditation applies only to analysis performed utilmmg EPA16OWM4-82-020 and EPAt60d+R-93.116 mediods. This report may not be used to clain product endorsement by NV LAP or any other agency of the US Government This report may not be reproduced except m full, without the wnttc n approval of the laboratory Page 2 of 7 'G+l�4Y'�cF%/-+ir..�41i{^.fiFk�%`.�'.��G"FARi�W=tF.{7�{..��xxi GEIM 0 W RATORIES 2033 Heritepe Park Drive / Olddw a City, OK 73120 I (405) 755.7272 / Fax (406) 755.2068 Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 158808 Client: City of Lubbock Account Number: B370 Facility Management 1625 13th St. Date Received: 0212/2008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 0249/2008 Project: Nursing Home Analyzed By: Stacey Holder Project Location: 114 Cherry Methodology: EPA/600/R-93 116 Project Number. 020808 QuanTEM Client Color+ Non -Asbestos Sample ID Sample ID Composition Description Asbestos (9'a) Fiber (%) 004a Layered White Asbestos Not Present Cellulose 1 Cove Base Mastic ijl15 CB-2 Layered Crest Asbestos Not Present Cellulose 2 Cove Base WSa Layered White Asbestos Not Present Cellulose 2 Cove Base Mastic 006 CO-3 Layered Green Asbestos Not Present Cellulose t Cove Base 006a layered White Asbestos Not Present Cellulose 2 SACK ;it Cove Base Mastic �t XT Caves 007 C1 Homogeneous White Asbestos Present Cellulose I Texture Chrysotile 2 008 CS-2 •" •* Not Analyzed Ft Positive Stop Unless otherwise noted, upon receipt the condition of the sample was acceptable for analysis. QuanTEM is a NV LAP accredited TEM and PLM laboratory (Lab Code: 101959-01 This report relates only to the specific items tested. NVLAF accreditation applies only to analysis performed utilizing I PA160WM4-82-020 and EPA/600VIt-93 116 methods. This report may not be used to clain product endorsement by N V LAP or any other agency of the US Govemn►ent. This report may Dot be rqmxlucod except to full, without the wntten approval of the laboratory Page 3 of r GWE!M .,.RIES 2033 Heritage Park five 1 Oklahoma City, 0K 73120 / (405) 755-7272 / Fax (405) 755-2058 Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 158808 Client: City of Lubbock Account Number: B370 Facility Management 1625 13th St. Date Received: 02/12/2008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 02'19/2008 Project: Nursing Home Analyzed By: Stacey Holder Project Location: 114 Cherry Methodology: EPA/600/R-93.116 Project Number. 020809 QuanTEM Client Color Non -Asbestos Sample ID Sample ID Composition Description Asbestos (%) Fiber (%) 009 CS-3 '• •• '• Not Analyzed •s Positive Stop 010 RR -I Homogeneous Cream Asbestos Not Present Cellulose 10 Shed Vinyl oil RR-2 Layered Beige Asbestos Not Present Cellulose 10 Shed Vinyl Layered Brown Asbestos Not Present Cellulose 2 Mastic 012 Rat-3 Homogeneous Beige Asbestos Not Present Cellulose is Sheet Vinyl 013 C'I3T-1 Layered Tan Asbestos Not Present NA Cove Base 0 I Ia Layered Yellow Asbestos Not Present Cellulose I Cove Base Mastic Unless otherwise noted, upon receipt the condition of the sample was acceptable for analysis. QuanTEM is a NVLAP accredited TEM and PLM laboratory (Lab Code: 101959-01. This report relates only to the specific items tested NVLAP accreditation applies only to analysis performed utilizing EPi4/6001M442-02D and EPA160OIR-93-116 methods. This report nmy not be used to clain product endorsement by NVLAP or any other agency of the U5 Government. This report may not be reproduced except in full, without the written approval of the laboratory. Page 4 of 7 r. M LABORATORIES 2d33 Heritage Park Drive / Oidahorna CUK OK 73120 / 44M) 755.7272 / Fax (405) 756.2058 Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 158808 Client: City of Lubbock Account Number. B370 Facility Management 1625 13th St. Date Received: 02A2/2008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 02,1912008 Project: Nursing Horne Analyzed By: Stacey Holder Project Location: 114 Cherry Methodology: EPA/600/1t 93.116 Project Number: 020808 QuanTEM Client Color, Non -Asbestos Sample ID Sample ID Composition Description Asbestos (A) Fiber (4/o) 014 CBT-2 layered Beige Asbestos Not Present NA Cove Base 014a Layered Yellow Asbestos Not Present Cellulose 1 Cove Base Mastic 015 CBT 7 Layered Beige Asbestos Not Present N Cove Base 0153 Layered Yellow Asbestos Not Present Cellulose 2 Cove Base Mastic 016 CT-1 Layered Multi -Color Asbestos Not Present Cellulose 1 Carpet Synthetic 20 016a Layered Yellow Asbestos Not Present Cellulose 2 Carpet Mastic 011 C-1-2 Layered Multi -Color Asbestos Not Present Cellulose I Carpet Synthetic 25 Unless otharwese noted, upon receipt the condition of the sample was acceptable for analysis. QuanTEM is a NVLAP accredited TEM and PLM laboratory (lab Code: 101959-0) This report relates only to the specific items toted NVLAP accreditation applies only to analysis performed utilizing EPA16001M4-92-020 and EPA/600/R-93 116 methods. This report may not be used to chain product endorsement by NVLAP or any other agency of the US Gove tm tentThis report may not be reproduced except in toil, wittwut the written approval of the laboratory. Page 5 of 7 MG4M ORIES 2033 Heritage Park Drive /Oklahoma Clty, OK 73120 / (405) 765.7272 / Fax 1405) 755.2058 Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 158809 Client: City of Lubbock Account Number: B370 Facility Management 1625 13th St. Date Received: 02 1212008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 02 19/2008 Project: Nursing Home Analyzed By: Stacey Holder Project Location: 114 Cherry Methodology: EPA/600/R-93;116 Project Number: 020808 QuanTEM Client Color Sample ID Sample ID Composition Description Asbestos (°fo) 01711 Layered Yellow Asbestos Not Present Carpet Mastic 018 CT 3 Layered Multi -Color Asbestos Not Present Carpet 018a Layered Yellow Asbestos Not Present Carpet Mastic 019 w5-1 Homogeneous White Asbestos Not Present Paint 020 Wti-2 Homogeneous White Asbestos Not Present Paint 031 WS-3 Homogeneous White Asbestos Not Present Paint (122 MS• 1 Homogeneous White Asbestos Not Present Sheetrock Non -Asbestos Fiber ('/o) Cellulose 2 Cellulose <I synthetic 20 Cellulose I Cellulose 4 Cellulose 9 Cellulose 5 Cellulose 20 Unless otherwise noted, upon receipt the condition of the sample was acceptable for analysis. QuanTEM is a NVLAP accredited TEM and PLM laboratory (Lab Code: 101959-0) This report relates only to the specific items tested. NVLAP accreditation applies only to analysis performed utilizing EPA/600/M4-82.020 and EPA/600/R-93-116 methods. This report may not be used to slain product endorsement by NVLAP or any other agency of the US Govcnuncrn. This report tray not be reproduced except in fall, without the written approval of the laboratory Page 6 of 7 _. M,5 QLABORATORIES 2033 Heritage Park Drive / Oklahoma City, OK 73120 / (40S) 755-7272 / Fax (405) 755-2058 Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 158808 Client: City of Lubbock Account Number: 3370 Facility Management 1625 13th St Date Received: 02.."12/2008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 0211912008 Project: Nursing Home Analyzed By: Stacey Holder Project Location: 114 Cherry Methodology: EPA/6001R-93 '116 Project Number: 020808 QuanTEM Client Color Non -Asbestos Sample ID Sample ID Composition Description Asbestos (%) Fiber (%) 023 MB-2 Homogeneous White Asbestos Not Present Cellulose 25 5heetrock 024 VD-1 Homogeneous White Asbestos Not Present Cellulose 25 Sheetrock 1r25 Rl s Homogeneous Black Asbestos Not Present Cellulose 10 Roofing 06 RR F • 2 Homogeneous Black Asbestos Not Prescnt Cellulose 8 Roofing (127 RI-3 Homogeneous Black Asbestos Not Present Cellulose 10 Roofing 2192009 S&oey Holder, Analyst Date of Report Unless otherwise soled, upon receipt the condition of the sample was acceptable for analysis. QumTEM is a NVLAP accredited TEM and PI,M laboratory (tab Code: 101959-0). Thu report relates only to the specific items tested NVLAP accreditation applies only to analysis perfomrrd utilizing EPA1600/M4-82-020 and EPA/6001R-93.116 rnohods. This report may not be used to class pmduct andommw at by NVLAP or any other agency of" US Gove mnxnt, This report may not be reproduced except to full, without the written approval of the laboratory. Page 7 of 7 Asbestos Chain -of -Custody M HtuitaAe Pack D&v. Oklahoma Gly. OK 73120.7502 WO) W-16M (405) 755.727Z Fwc (405) 765.2M Company Name f AcctaK: PMJM Loratlon / G' w mousy rw= onlppinq - GALL To SCHMULE Elsa this =WrM for Satanday FeAx 4nV. 4220 N. Santa FDAva. OkWt=a aty. OK 73IM4537 Mark Padc29014OLD FOR SA7'URDAY PICKUP ,%.I" I",= �Asto�s Chan of -Custody l� Moo - Row 1 wmm-1 Ii g AL SuMis 111iRlbaf Teft� C.ai4l i �gpl(�4n volomm" LEGAL PIOUS Prlet SENT z< ws_�bly I -CALL ro 3CHOM Mark I�odraps'110LD FOR SA MAy� Jp �' 8ard° f° M"° Old �,, OK andbe-EYMI vim• (To r lri � �w+war•eMtaoo �moruee wra.awrer•ex�� arr aar wwwxyasm Feb-29. 2008 4:10PM NO.6663 it "�""UBOE LABOOMOMMS 2Mm l@ tega Patk DAW / OMOoJIla Ci1K OK "190 / I405175 YM I Fax (405)75 ..M Palarked Light Microscopy Asbestos Analysis Report Qum'n M L* No. 159227 ClicaL City of Lubbock Aowuoe Nwnbw-- B370 Fatuity Manaaanent 1625 13th St. Dane Received: 02/26/2008 LA*Dc c. TX 79401 Rived By: Shane LL*Wiell Datc Analymed: 02/29MOS psojam Natft Home Analraed By: Taeia Moon Project Lb=icm- 114 Cb Kry Medlodology_ EPA/600Vit-93/116 Project Nnmber 020808-A Pt Ct for 158808 QuaaTBM Client Co11s/ Nam-Asbcaos Sample ID Stttaplc ID Caotpositk a Dactiptioa Asbatw (%) Fiba 001 CS-1 SatmoSeneenS VA itc Asbeelos Praatt NA Taxtum CbzymWc 1.75 400 Point Count c 44WO—r—�� 2/29/2008 Tada Maast, Lebotetoty Ted>,tiCOO We of Report tbleo atturwlxa aoto4 Upoq teoeipl ibe cundetiatt of tlio ria >toccpL6tdt We amlyios. Qu=TGM its N VI.AP acaedited TBW eed pLm MI(ma[py (Jab C"O:1019594). This mpott retatca only to dm gm.%Gc its toted NV LAP mambo," AlVia eoty to =dYW} WMn-d Udllfg HPAOWM4-V-OZQ and CPAMM-9I/116 malwI& 7M noel Ow not be and to dWo t OwWw o4 sy NVLAP a auy edv agsey of Oro US [io vemomL, Them mom mW art bo rcpmdoaod #kc"K is W14 wiaxa the wemsn aD10"m of 9w MONAm9 Page 1 of 1 C /3 ly Asbestos Ch n-af.Custody psis) amino (A, wr- . " n-U-2 . —may �w . t Compwy NMI T y/ PMOO Epp C a► LU Padap MW Rae sAMMAY R W n' s na F. ava., okbNanre p4,, OK LEGAL DOCfMEW Phu" Print [r aft LABORATORIES 2033 Heritage Perk Drive / Oklahoma City, OK 731201(405) 755-7272 / Fax (405)7554058 Polarized Light Microscopy Asbestos Analysis Report QuanTEM Lab No. 159227 Client: City of Lubbock Account Number: B370 Facility Management 1625 13th St. Date Received: 02126.'2008 Lubbock, TX 79401 Received By: Sherrie Leftwich Date Analyzed: 02/2912008 Project: Nursing Home Analyzed By: Teeia Moore Project Location: 114 Cherry Methodology: EPA/600/R-93 116 Project Number: 020808-A Pt Ct for 158808 QuanTEM Client Color i Non -Asbestos Sample ID Sample ID Composition Description Asbestos Fiber (%) 001 t'T1 3 Homogaroous White Asbestos Present NA Texture Chrysotile 1.75 400 Point Count 2 29/2008 Teeia Moore, Laboratory Technician Date of Report RECEIVED MAR 0 6 2008 Unless otherwise noted, upon receipt The condition of the sample was acceptable for analysis. QuanTEM is a NVLAP accredited TEM and PLM laboratory (tab Code 10 t959-0). This report relates only to the specific items tested. NVLAP accreditation applies only to analysis performed utilizing E,PA/600MI4-82-020 and EPA/600/R-93/116 methods. This report may not be used to clain product endorsement by NVLAP or any other agency of the US Government. This report may not be reproduced except in full, without the written approval of the laboratory. Page Iof1 Pate Intentionally Left Blank City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. 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. The bidder MUST submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Complete CITY OF LUBBOCK REFERENCE FORM. 4. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 5. Complete CONTRACTOR'S STATEMENT OF QUALIFICATIONS 6. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 7. 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. 8. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained / in detail and submitted with Bid. 9. ,/ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 10. Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. I I . Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel 12. V/ Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 13. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: 14. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics Commission website. 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. bakhant, aanc. (Type or Print Company Name) Page Intentionally Left Blank INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS GOVERNMENT CODE § 2269 4. PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. LUMP SUM PRICE PROPOSAL SUBMITTAL FORM 4-2. CITY OF LUBBOCK REFERENCE FORM 4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-4. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-5. SAFETY RECORD QUESTIONNAIRE 4-6. SUSPENSION AND DEBARMENT CERTIFICATION 4-7. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION 4-8. PROPOSED LIST OF SUB -CONTRACTORS 5. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT 10. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 11. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 12. GENERAL CONDITIONS OF THE AGREEMENT 13. CITY OF LUBBOCK WAGE DETERMINATIONS 14. SPECIAL CONDITIONS (IF APPLICABLE) 15. SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Pate Intentionally Left Blank Notice to Offerors RFP 20-14967-TF Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 PM on October 22, 2019, 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: Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 2:00 PM on October 22, 2019, and the City of Lubbock City Council will consider the proposals on November 5, 2019, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsync.com at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on October 15, 2019, at 10:00AM, in the City of Lubbock, Purchasing and Contract Management Office, Room 204,1625 13th Street, Lubbock, TX 79401. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, .Marta .Alvarez Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS Pate Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY, TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 PM, October 22, 2019, at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 20-14967-TF, Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory pre -proposal conference will be held at 10:00AM, October 15, 2019, in the City of Lubbock, Purchasing and Contract Management Office, Room 204, 1625 13th Street, Lubbock, TX 79401. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsytic.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 proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. At the request of the proposer, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at http://www.bidsygc.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 6.4 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: orrnmylubbock.us. Please send this request to this email address for it to be processed. 6.5 For more information, please see the City of Lubbock Public Information Act website at: https://ci.lubbock.tx.us/pages/public-information-act 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than three (3) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN THREE (3) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores(amylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 30 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 4 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be 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 TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or 5 limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of 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, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion 6 shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. W 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name 29.3.2 Proposal "RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas" Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 30 points for Price, 50 points for Contractor Qualifications, 10 points for Safety Record Questionnaire, and 10 points for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 30 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value = Price Score. 32.2 50 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of 10 Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 10 POINTS - SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points = Score) with a maximum of 10 points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio (EMR). Contractors with an EMR greater than 1.0, as well as those Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the EMR. 32.4 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value = Construction Time Score) 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 32.6 The estimated budget for the construction phase of this project is $217,000. 32.7 Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR 11 GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. " 34 ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PROTEST 35.1 All protests regarding the REP process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the REP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 12 36 PREVAILING WAGE RATES 36.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 36.2 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. 36.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 13 Page Intentionally Left Blank TEXAS GOVERNMENT CODE 2269 SUBCHAPTER D. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Pate Intentionally Left Blank PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL CONTRACT DATE: �01,2111 1 PROJECT NUMBER: RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas 1 I,�i Proposal of Mn-W U,(os ► 6C KI loc.L-lc (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock. Texas (hereinafter called Owner) Ladies and Gentlemen: The Offcror, in compliance with your Request for Proposals for the Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas having carefully examined the plans, specifications. instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM DESCRIPTION TOTAL LUMP SUM Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas. I o O t �� J Base bid consists of the materials and labor for the demolition for the above referenced project. as specified herein. PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONSTRUCTION TIME for completion: TOTAL CALENDAR DAYS: it') \J (to Substantial Completion) (not to exceed 30 da%% to Substantial Completion). Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 30 Consecutive Calendar Days with as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed. as provided in the contract documents. Offerors are required. whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a•contract. obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for W141 . / Dollars ($ or a Proposal Bond in the sum of Ot t' 1 ' ` Cl, x \ Md`y/ Dollars ($J• which it is agreed shall be collected and retained by the wner as liquidated damages in the e%ent the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if an-* .) with the Owner within ten (10) business days after the date of receipt of w ritten notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance With the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error In the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. Offeror acknowledges receipt of the following addenda: Addenda No. Date o fTq Addenda No. Date Addenda No. Date Addenda No. Date or Typed Name) Mr_ ac 10C.-L16 ompan X-7,1 Address � , ,� xx IC c City,, , C—QuIllyt State Zip Code Telephone:25V - I Fax: W It- Lmail: [ith� FEDERAL TAX ID or SOCIAL SECUR Y No. Is -IXs --Z)c-1 3 M/WBE Fnm 1 Woman 1 1 Black American Native American I it Hispanic Amcnean I I Asian Paeific Ammcan Other (Speci&I GRANITE RE, INC. Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Matthews Backhoe, Inc., 12311 Hwy 87, Lubbock, TX 79423 as principal, hereinafter called the Principal, and Granite Re, Inc.,14001 Quailbrook Drive, Oklahoma City, OK 73134, a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock, 1625 13th Street, Room 204, Lubbock, TX 79401 as Obligee, hereinafter called the Obligee, in the sum of *** Five percent of the bid amount (5%) *** for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project: Invitation No. 14967 - Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, TX Bid Date: 10/22/2019 The conditions of this Bond are such that if the Obligee accepts the bid of the Principal within the time specified in the bid documents or within such time period as may be agreed to by the Obligee and Principal, and the Principal either (1) enters into a contract with the Obligee in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Obligee, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Obligee the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Obligee and Principal to extend the time in which the Obligee may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids, and the Obligee and Principal shall obtain the Surety's consent for an extension beyond sixty (60) days. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this bond shall be construed as a statutory bond and not as a common law bond. Matthews Backhoe, Inc. pf-f—S �C.Fe ( t - � Title , t► t+ I r I (Seal) Granite Re, Kenneth,". W{�ittinkton, Attorney i — (Seal) GR0614 2 "� GRANITE RE, INC."' GENERAL POWER OF ATTORNEY Know all Men by these Presents: 'l That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint; KENNETH D. WHITTINGTON; KYLE MCDONALD its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: KENNETH D. WHITTINGTON; KYLE MCDONALD may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 19111 day of July, 2012. ig � �lit+J�lll enne m rest en STATE OF OKLAHOMA } S E A L COUNTY OF OKLAHOMA } Kyle)P. McDonald, TreasurerJim On this l91s day of July, 2012, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P: McDonald, SecretaryiTreasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they; the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. , My Commission Expires: q,�„,� August 8, 2021 Commission #: 0 10 13257 7 '�a.a,�. GRANITE RE, INC. F Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re. Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is.a true and correct excerpt from the July 15,1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. , "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." ;ft •• MMIMI�� IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this =-. Kyle PXIcDonald, Secretary/Treasurer 5HAL - - „�r Page Intentionally Left Blank City of Lubbock, TX RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers users of similar size and scope of work. Please do not use the City of Lubbock. REFERENCE ONE Government/ Company Name: R.. W-olml via Contact Person and Title: Phone: <zQc-mn -- 1-�Q-LA Fax: — W jIg ,nmai I o n4ced ffc�%N He (-s co rn REFERENCE TWO Governn FITreR= Contact Person and Title: Phone.. 0 --73S- (Cj*1 ' �?' Fax: -A 14 !*oM & reeeseceate r. tom REFERENCE THREE Government/ Company Name: Address: Contact Person and Title: 'KI m-e- Phone: ?Q - _ -12-r-0 Fax: 2n(Q gen S—q I Page Intentionally Left Blank Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firms qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? �C,5 D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? IgC5 (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? if so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: , (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Contractor's General Information Organization Doing Business As Business Address of Principle Office _o. Telephone Numbers Main Number LQ- r7909 Fax Number Web Site Address Form of Business (Check One) Date of Incorporation I VfA Corporation A Partnership An Individual State of Incorporation T Chief Executive Officer's Name S President's Name S i Vice President's Name(s) Y Secretary's Name j Treasurer's Name Date of Organization State whether partnership is general or limited Name HIP Business Address hq 14 Average Number of Current Full Time Em to ees ' Average Estimate of Revenue for the fj Current Year s vW mo• 10 Contractor's Organizational Experience Organization Doing Business As / Business Address of Regional Office Name of Regional Office Manager Telephone Numbers Main Number - r] Fax Number Web Site Address List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Years experience in projects similar to the proposed project: Q QI~� As a General Contractor 35 QC� M Asa Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? �O If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten years? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local state, or federal agency within the last five ears? 0 If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? o If yes provide full details in a separate attachment. See attachment No. F� Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? O If yes provide full details in a separate attachment. See attachment No. iq Contractor's Proposed Key Personnel Organization Doing Business As Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. r o� S a own�r� erg �-te en R0,4 M0AbtWS . wCe PresAelr + o ,e r�ac�er. ��c� ` Qoat ovy co �n-kro I Maoo T, -af� o pai(- CKF 1Cl)er1 Safes-� O�W C-erl _FfbIec+ Q Ua�l A Co n+ro I VAMCi, -e r T.rtando bre na, -Proj ec+ Mona qer � tl a Provide a brief description of the managerial structure proposed Mr this project and illustrate with an organizational cart. Include the title and names of proposed Vey personnel and alternates. Include this chart at an attachment to this description. See attachment No. rIC3 7-1 �e ni r 4end-e rri- Mae-(-s gat Pain'el� FuIc6 r= ScrF C-C, �k\ 02, V (Ckmq-e( Provide information on the key personnel proposed for this project that will provide the following key fimctions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional informati n hi ighting e�cpe nce which makes them the best candidate for the assignment should also be included. A4 C�i4WA_ Role PrimaryCandi to Alternate Candidate Project Manager ,® �`C (+ e ll { 1'�La �0 Project Superintendent Project Safety Officer Quality Control Manager1-t&�CkFjch If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each fimction, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 44-4CtC h M4VA+ 5 M 12 No Text Corky Matthews, Superintendent Roy E Matthews, II Project Manager, Quality Control manager Patrick Fulcher Safety Officer, Holly Matthews Secretary/Treasurer Office Manager Corky Matthews, Superintendent Patrick Fulcher Project Manager, Quality Control manager Roy E Matthews, II Safety Officer, Holly Matthews Secretary/Treasurer Office Manager Attachment No. 4 EXPERIENCE OF KEY PERSONNEL ❖ CORKY MATTHEWS, Superintendent, has been doing business for over 40 years in Lubbock, TX. He is the owner and president of Matthews Backhoe, Inc. He has over 40 years of experience doing demolition and dirt work. He bids and looks over all jobs and covers the Project Manager or Quality Control Manager jobs when someone is out sick. He speaks English. ❖ ROY E. MATTHEWS, II, PROJECT MANAGER, QUALITIY CONTROL MANAGER, SAFETY OFFICER, Has been with Matthews Backhoe, Inc. for over 30 years. He is NESHP trained and carries a current license. Trained in all heavy equipment operations. He speaks English. ❖ PATRICK FULCHER, PROJECT MANAGER, QUALITIY CONTROL MANAGER, SAFETY OFFICER, has been with Matthews Backhoe, Inc. for over 35 years. He is NESHP trained and carries a current lisence. Trained in all heavy equipment operations. He speaks English Attachment No. 5 Key personnel to fulfill more than one role: Roy Matthews, II, will be filling two roles: Project Manager and Quality Control Manager. 50/50 Proposed Project Managers Organization Doing Business As Name of Individual Years of Experience as Project Manager Years of Experience with this organization rn Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date 100 Reference Contact Informatiouffisting names indicates ap roval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Or anization Organization Telephone Telephone E-mail E-mail Project Project _ s Candidate role on Project Name of Individual Proieci-m naaQ r o� +1 Candidates role on Project P32d r %' Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date f Name Name Title/ Position Title/ Position Or anizatioq Organization Telephone Telephone E-mail -mail ` Project Project Candidate role on Project �a Candidate role on Project � Q v 13 Proposed Project Superintendent Organization Doing Business As Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date OMP 4+ Reference Contact Information(listing names indicates ap roval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Or ization Telephone Telephone "1 E-mail -mail Project Project '1 Candidate role on Project Name of Individual �Ji� i�1`� Candidate role on Project �r1 Years of Experience as Project Superintendent Years of Experience with this organization ect rts Number of similar projects as Superintendent Number of similar projects in other positions A - Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date 'S o Name Name Title/ Position Title/ Position Or anization Organization { Tel hone Tele hone Q E-mail(E-mail Project Project Candidate role on Project D .. ` ro` "er Candidate role on Project 10 Xyl 14 Proposed Project Safety Officer Organization Doing Business As Name of Individual cC C r Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date 1 Reference Contact Information (listinje names indicates approval to contacting the names individuals as a reference Name Name r r Title/ Position r Title/ Position Pr Or anization Or anization Telephone Telephone E-mail -mail ineme Project ` roject ` Candidate role on Project �rQ L:Candidate Name of Individual role on roject j , rQ eC.1 er Years of Experience as Project Safety Officer �a�S Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Q% IMMIUVALUMUMMI Name 7 tNa=7Title/ Position Or anization nization _ -Telephone - Telephone E-mail E-mail Project ,fir Project Candidate role on Project rrrr�� Pnec+ ,e1r Candidate role on Project wm 15 Proposed Project Quality Control Manager Organization Doing Business As Name of Individual Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager �+ Number of similar projects in other positions �— Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date d Reference Contact Information(listing names indicates ap roval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization EITelephone Organization Telephone E-mail E-mail Project 103T54miyx Project Candidate role onro Project Name of Individual e „r j _� �r c 1 an Candidate role on r—Crv- Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions .l� Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date o Name Name Title/ Position Title/ Position JP02f ut"ader Or anization Or ization Telephone Telephone E-mail ftnor hmwad I E-mail Project Project ti t` Candidate role on Project M A ,, j>ro^ec� r er Candidate role on Project A 0 16 Contractor's Project Experience and Resources Organization Doing Business As Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A ZI la Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically!pecifically illustrate the organizations capability to provide best value to the Owner for this project. cts which illustrate the experience of the Include a completed Project Information form (Attachment B) for Znckcs proposed keypersonnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 5. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meetin HUB / MWBE Participation Goal Q Provide a list of major equipment proposed for use on this project. Attach Additional Information if necess Equipment Item Primary Use on Project Own Bull Lease tic t` viV-01, Lnndo-r 0-yi tlz-t, a;:�-rk) CWhat I/ work will the or anization com fete usingits own resources? all wo f I, t,u i l l to A o n-e N lAa s scy- oe What work does the organization pMse to subcontract on thisproject? P ges Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Project Name General Description of Project: Project Cost Date Project Completed JDUI Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name ` { j Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Tlamlm TDCH $Q(D Designer Construction Manager 7NOW S c t t Project Owner Project Name General Description of Project: l' ` Project Cost Date Project Completedowqa I Cl Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mans er Name ('� U Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer ALM Construction Manager L Project Owner I Project Name General Description of Project: bacu` Project Cost ii-40 Date Project Completed 101,41 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control M er Name leg,` Reference Contact Information (listing names indicates approval to contacting the names individuals asla reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager 19 W, Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Project Name General Description of Project: Project Cost I Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager _ Project Owner ` Project Name • General Description of Project: 00 in Project Cost I Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manaeer Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager ( Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manger Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager 19 rt1Vc rI rrterj-+ b Project Information Project Owner Project Name General Description of Project art`ous 5ull i to Reese - Budget History I Schedule Performance Amount °/% of Bid Date Days AmounBid Notice to Proceed '4 Change Orders IContract Substantial Completion Date at Notice to Proceed U I A 1. Owner Enhancements MIA Contract Final Completion Date at Notice to Proceed Unforeseen Conditions M Change Order Authorized Substantial Completion Date wig Design Issues Change Order Authorized Final Completion Date Total ,QQ Actual / Estimated Substantial Completion Date Final Cost �,� Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer , to Quality Control Manager Name y Percentage of Time Devoted to the Project O O/ Proposed for this Project Did Individual Start and Complete the Project? �S �S Q S �S If not, who started or completed the project in their place. k i�`�} Reason for change. WA- Name 7 7Title/Position Organization Telephone "Mr ��fl E-mail Owner -Mm-e5 bad Designer Construction Manager Sure Number of Issues Resolved Total Amount involved in Resolved Issues 16 Number of Issues L Total Amount Resolved Issues H+' GtCYI CYtc-Y t—r 1� Proiect Information Project Owner nV1 Project Name 1 General Description of Project 'b-erylo Budget History Schedule Performance 7 Amount °/Am oft Bid Date Days Bid Notice to Proceed Change Orders I Iq Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date MIA Total f, )Q Actual / Estimated Substantial Completion Date Final Cost Actual / Estimated Final Project Manager Completion Date Project Sup Safety Officer Quality Control Manager Name Q+ i�C Percentage of Time Devoted to the Project °� ° p 1Ca0�1 Proposed for this Project Did Individual Start and Complete the Project? e �j e S if not, who started or completed the project in their place. A Reason for change. U (P Name Title/ Position Organization MIA Telephone flF I Oft E-mail Owner �Q �' l $0i3O— fi i CID Designer Construction Manager 1 S Number of Issues Total Amount involved in Resolved Resolved Issues Number of Issues Total Amount involved in Pending Resolved Issues 16 qwa peat u Contractor's Project Experience and Resources 1. Contract administration: Holly Matthews 2. Management of subcontractor and supplies: We will use no subcontractor 3. Time Management: Everything will be done in a timely manner 4. Cost Control: S. Quality management: Roy Matthews 6. Project Site Safety: Employee are required to wear safety equipment on job site. 7. Managing changes to the project: Corky Matthews or Roy Matthews 8. Managing equipment: Roy Matthews Contractor's Subcontractors and Vendors Organization Doing Business As 0 1 1 Provide a list of subcontractors that will provide more than 10 percent of the work aced on contract amounts Name Work to be Provided Est. Percent of Con tr ct HUB/MWBE Firm Provide information on the proposed key personnel, project experience and a description of past relationship and work ex enence for each subcontractor listed above using the Project Information Forms. Provide a list of major Nuipment proposed for use on this ro'ect. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Only Furnish and Ins l HUB/M WBE F'Lim 18 City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City,eting 11 of the requirements defined in this proposal. (Original Signature) Lab Ma44viOS Contractor (Print) CONTRACTOR'S BUSINESS NAME: Mntu WJ mr—&Oe— aixic (Print or Type) CONTRACTOR'S FIRM ADDRESS: P O . E)O>( 5 ( ?2 L&bod,-N JqL4� NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 20-14967-TF - Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas Page Intentionally Left Blank Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NOr Z If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. UMOfferor's Initials UESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO V If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? / YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this ire nor have I withheld information in my statements and answers to questions. I am aware that the inf ion given me in this questionnaire will be investigated, with my full permission, and that any misrepresentatio r omi§Aons ause my proposal to be rejected. Title 2 City of Lubbock, TX RFP 20-14967-TF Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: FEDERAL TAX ID or SOCIAL Signature of Company Printed name of company official signing Date Si2n.ed: � 0 No. %E - CnrlCy Ma+W��s City of Lubbock, TX Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel RFP 20-14967-TF Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. I, the undersigned agent for the company named below, certify that I have read the above statement and will comply with its requirements. COMPANY NAME: Signature of Compan Date Signed: t C Printed name of company official signing above: cc F W MDA41" 5 PROPOSED LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. k ' ice, f ❑ Cl 2. Imo! o � 5 LJ- l V a CS 4.�� ❑ ❑ 3. �) ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ Cl THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: _Uj 2, FD �hry . Tn C. PRINT NA FOFCOMPANY) RFP 24-14967-TF - Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. ° ° 2. - � ) �b_.COV ❑ El 3. ❑ ° 4. ° ° 5. ❑ ° 6. ° ❑ 7. ❑ ° 9. ❑ ❑ 10, ❑ ❑ U. ° ° 12. n ❑ 13. ° ° 14. ° ° 15. ° ° M. " ° SUBMITTED BY: �ck:Mmwa Lachirvo :111C (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 20-14967-TF - Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas Pate Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank Contract 14967 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 191b day of November, 2019 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Matthews Backhoe Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Matthews Backhoe. Inc.'s proposal dated October 22, 2019 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Matthew;il� By: PRINTE TITLE: COMPLETE ADDRESS: Matthews Backhoe, Inc. PO Box 3187 CITY OF UBBO[-K,T XAS (OWNER): By: - Daniel M. Pope, M r ATTEST: J -1 (�� Rebec Garza, City Secretary WEverett, ONTENT: (1T1 or of Facilities Management AP OVED AS O FORM: K Ili Leisure, Assistant City Attorney 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 Matthews Backhoe, Inc. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Eight Thousand Four Hundred Fifty Dollars ($108 450 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 19th day of November, 2019, to RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of Surety *By: (Title) 2019. (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: Approved as to form: City of Lubbock By: City Attorney (Title) * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Page Intentionally Left Blank PERFORMANCE BOND Pate Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Matthews Backhoe, Inc. (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Eight Thousand Four Hundred Fifty Dollars ($108 450 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 19th day of November, 2019, to RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas 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 , 2019. Surety * By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank 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. Page Intentionally Left Blank CERTIFICATE OF INSURANCE Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions f the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos 11 GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATIONFLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) 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 INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (G) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. Page Intentionally Left Blank CONTRACT Pate Intentionally Left Blank Contract 14967 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 1911 day of November, 2019 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Matthews Backhoe, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Matthews Backhoe, Inc.'s proposal dated October 22, 2019 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER): Matthews Backhoe, Inc. By: PRINTED NAME: TITLE: COMPLETE ADDRESS: Matthews Backhoe, Inc. PO Box 3187 Lubbock, TX 79452 ATTEST: Corporate Secretary Daniel M. Pope, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Wesley Everett, Director of Facilities Management APPROVED AS TO FORM: Kellie Leisure, Assistant City Attorney Page Intentionally Left Blank CONFLICT OF INTEREST OUESTIONNAIRE CHAPTER 176 CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 84th Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 7th business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at https:Hci.lubbock.tx.us/departments/purchasing/vendor-information CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, signing the form, and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: httns://www.ethics.state.tx.us/whatsnew/elf info forml295.htm GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Matthews Backhoe, Inc. who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Wesley Everett, Director of Facilities Management, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. it. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 4 If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a 6 requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. 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. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and $1,000,000 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury w/Heavy Equipment XCU B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit per occurrence, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Pollution Liability - $1,000,000 F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $1,000,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken 8 to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 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. 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; 9 (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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. 10 (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and 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: 11 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000 (www.tdi.state.Mus) 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; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12 (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the 13 Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $25 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) 14 may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workers, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities32 note exceed 15% of the estimated quantity. 15 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, 16 to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, 17 (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. hi the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would 18 have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 19 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. f.7.�:I�i7:: � �Ii1.Y. : �:��y ►��lila[.: YIT�Ly 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 20 requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 21 60. 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 (Texas Government Code Section 2155.001). 61. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https:Hci.lubbock.tx.us/departments/purchasing/vendor-information 62. SB 252 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. Chapter 2270 Prohibition on Contracts with Companies BoycottingIsrael srael Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 22 CITY OF LUBBOCK WAGE DETERMINATIONS 23 Page Intentionally Left Blank 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 24 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 25 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 Standard Page Intentionally Left Blank SPECIFICATIONS Page Intentionally Left Blank City of Lubbock, TX RFP 20-14967-TF Demolition of Commercial Property Located at 114 Cherry Avenue, Lubbock, Texas Specifications 1. SCOPE OF WORK: This project shall include the furnishing of all equipment, materials, labor, tools, permits, fuel, and transportation necessary or incidental to the demolition and removal of the14,880 square foot commercial property located at 114 Cherry Ave Lubbock, Texas. The facility does contain asbestos and therefore will be demolished under NESHAP (National Emission Standards for Hazardous Air Pollutants) standards. NESHAP trained individuals will be required to be present for the duration of the project. All contaminated waste will be required to be manifested and transported to a landfill licensed to accept asbestos waste. Demolition will include the facility, footings, and slabs on the property leaving a clean level lot. This project will require a demolition notification to the Texas Department of State Health Services. 2. DEMOLITION: A. Completely dismantle and demolish all of the structure and improvements located on said parcels not within the public right of way. B. All utilities, including sanitary sewer outlets, shall be capped after the structure has been removed. C. Contractor will be responsible for locating, marking, and protecting all utilities. D. Septic tanks, storm cellars, etc. shall be filled with authorized fill material and need not be removed. E. Contractor shall utilize wet demolition techniques during all demolition work at the site. F. Contractor shall ensure that no visible emissions (visible dust) are created during the project. All debris loads leaving the premises shall be covered with a tarpaulin or sprayed with water to minimized dust loss during transportation. 3. AUTHORIZED PERMITS: A. Before starting demolition, the Owner, Agent or Contractor must secure a Demolition Permit from the Building Inspection Department, located on the 1 St floor of the Lubbock City Hall, 1625 13th Street, Suite 106, Lubbock, TX 79401, telephone: (806) 775-2087. B. Before starting demolition, the owner, agent or contractor must assure all utilities are disconnected. C. Improvements shall not be moved to or reassembled in any other or new location unless approved by the Owner's Representative. 4. REMOVAL: A. Removal of all material, debris, other improvements (i.e. fences, etc.) from said parcel or parcels and any structure thereon so that the property will be cleared of all such improvements. All debris will be removed and properly disposed of offsite. B. If applicable, underground fuel tanks shall be removed from site; excavation shall be filled with authorized fill material of adequately compacted earth. 5. TIMEFRAME: A. The Contractor shall demolish and remove all material from said parcel within 30 consecutive calendar days from commencement as stated in the Notice to Proceed. 6. AUTHORIZED FILL MATERIAL: A. Shall be free of all organic materials, including wood, upholstery or bedding materials, cloth, paper, trash etc. B. Concrete, stone or brick masonry assemblies, etc. are permitted in fill if this material and other rubble are covered with earth, permitting a use of more of a raked -clean condition (Suggest two (2) feet topsoil). 7. FINISHED SITE: A. The ground shall be left in a clean (raked) condition and without any debris, trash etc.; and suitable for maintenance by others. B. The site shall be graded to provide adequate drainage; ponding of water will not be permitted. 8. PRE -DEMOLITION REQUIREMENTS: A. Contractor MUST schedule a meeting with the Owner's Representative at the jobsite, prior to the execution of a Notice to Proceed. B. Once a Notice to Proceed has been issued to the contractor, the contractor shall provide the Owner's Representative 48-hour advance notice prior to commencing work. Notice: The City of Lubbock reserves the right to remove any fixtures or personal property from the premises prior to demolition of the structure. Award of a contract for demolition does not automatically entitle an owner, agent, or contractor to possession of property which is present in the structure at the time the contract is awarded.