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HomeMy WebLinkAboutResolution - 2019-R0028 - Contract- West Texas Paving - 02_12_2019Resolution No. 2019-R0028 Item No. 8.9 February 12, 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. 14449 as per ITB 19-14449-TF for Mill and Relay at Various Locations, by and between the City of Lubbock and West Texas Paving, Inc., of Wolfforth, 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 F ATTEST: Rebe ca Garza, City Secret APPROVED AS TO CONTENT: I Jesi c ern, Assistant City Manager APPROVED AS TO FORM: lli Leisure, Assistant City Attorney 2019 DANIEL M. POPE, MAYbR ccdocs/RES.Public Works Contract 14449 — West Texas Paving Inc. January 15, 2019 0210512019 10 ; 07 west Texas Paving ( FAX) 8068633550 P . 0011001 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. i - 4 and 6 If there are Interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 If there are no interested parties. CERTIFICATION OF FILING certificate Number: x Name of business entity fining form, and the city, state and country of the business entity's place of business. 2019.448805 West Texas Paving, Inc. Wolfforth, TX United States Date Filed: 02/05/2019 2 Name of governmental entity or state agency that is a party to We -contract fcWWhich the form is being filed. City of Lubbock Date Acknowledged: g Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract, 14449 Mill and Relay at various Locations 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only If there Is NO Interested Parry. X 6 UNSWORN DECLARATION I My name Is F/ 4Y �'"° u , and my date of birth is my address Is 17 /Z a�.� /� �'" � `('x (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in L k� County, State of 'r"44% on the sy of 20 (month) (year) Sinature of authorised agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.stateums Version V1.1,2806150 I ADDENDUM I i33 J ADDENDUM 1 Project Map ITB 19-14449-TF Mill and Relay at Various Locations DATE ISSUED: January 4, 2019 CLOSE DATE: January 15, 2019, at 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Proiect Mau Please see the attached project map. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Assistant 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 TKFlores@mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, 46 Aw" 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 bids. It shall be the bidder's responsibility to advise the Director of Purchasing and Contract Management if anv language, reauirements. etc.. or anv combinations thereof. inadvertently restricts or limits the requirements stated in this ITB 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. STON EH ILL ST 7000 BLUEFIELD T FM 2641 5400 ---- - - ----- K E N T S T 3800 LL --- - ---- - CO CA U R S U L I N E S T + 2200 ERSKINE ST 1, 600 J CP V X 4TH ST ....... -- — -- — ---------------- IJ F 225JUIr" 6 400 xx- a.lE� A- -4 JE-E-11; 6's, 4, 1 A + 114' 19TH ST 1900 J . ........ .. 0) J, 34TH ST 3400 --------- ------- co ce) C14 1 0 T H ST 5000 LL 37 'Spur 66TH ST 6600 i -4 8 2 N D S T 8200 ffC H S T J` �x? S� JE 14 j r 9 8 T �ftll 8 9 00 :J, LL 1 1 4 T H S T ----------- 11400 F 4 1 13000 aLull- 1 4 6 T H S T > > > -j tr 14600 za z ................. - -, - � ------- .< 4--- z en w > w > OC) E F M 2641 E F Pn 40 F F Pn 835 FM 3020 City of Lubbock, TX ITB I9-14449-TF ITB Mill and Relay at Various Locations Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed. 1. je Carefully read and understand the plans and specifications and properly complete the BID y 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 and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. a 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. / Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management -_ Office prior to the deadline. Late bids will not be accepted. 6. f Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include flrm's FEDERAL TAX ID number or Owner's SOCL4L SECURITY number. 8. Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. 9. _Z' Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel 10. Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: I l . % Complete and submit the FINAL LIST OF SUB -CONTRACTORS. i . DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: 12. 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. (Type or Print Company Nam rj INDEX rr 1. NOTICE TO BIDDERS l} 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 10. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 11. GENERAL CONDITIONS OF THE AGREEMENT 12. CITY OF LUBBOCK WAGE DETERMINATIONS 13. SPECIAL CONDITIONS (IF APPLICABLE) 14. SPECIFICATIONS a L3 2 i : NOTICE TO BIDDERS ITB 19-14449-TF t Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 p.m. on January 15, 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: Mill and Relay at Various Locations After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole ` responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract _ Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 p.m. on January 15, 2019, and the City of Lubbock City Council will consider the bids on February 12, 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 bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. The estimated budget for the construction phase of this project is $900,000. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on January 3, 2019 at 10:00AM at City of Lubbock, Committee Room 103,1625 13th Street, Lubbock, TX 79401. 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 hqp://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. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract 1 Management Office of the City of Lubbock, which document is specifically referred to in this Notice to t Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK .Marta-ACvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT 4 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Mill and Relay at Various Locations per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m., on January 15, 2019, at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITB 19-14449-TF, Mill and Relay at Various Locations" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: i- Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held January 3, 2019 at 10:OOAM at City of Lubbock, Committee Room 103, 1625 13th Street, Lubbock, TX 79401. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. _ 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsypc.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT 2 INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may t_ ' request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and ( Contract Management Office no later than five (5) calendar days before the bid closing date. -3 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only 5 information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. . 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the.. bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract f Management Office prior to the opening of bids, then it shall be deemed that the bidder fully 1. understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. ( ) 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other x exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. i_ 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Assistant Director City of Lubbock Purchasing and Contract Management Office 1625 13`b Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.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 bidder. 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. 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 f- delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, 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 V the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will e furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, - at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES �v. 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, 4 signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for € maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's _. certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 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 M 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 A connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK 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. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends 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 Sunday or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done 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 ($60) 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 a in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containingan conditions which provide for changes in the stated bid rice due to increases or Y PP decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. 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 bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: �* 11 30 31 29.3.1 Bidder's name: 29.3.2 Bid for "ITB 19-14449-TF, MILL AND RELAY AT VARIOUS LOCATIONS" ,..._� 29.3.3 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. �...} THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS �T Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. ( j (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 bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This 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. 12 1-] t ' 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 3 plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. _., 13 11 34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar dayor art of the day that the worker is aid less than the wage rates stipulated in the contract. ' P Y P g p i 14 BID SUBMITTAL FORM BID SUBMITTAL FORM UNIT PRICE BID CONTRACT t r DATE: J 1 r J 'r 0 -+ p PROJECT NUMBER: ITB 19-14449-TF, Mill and Relay at Various Locations Bid of W r-_5-r,Le_x'A:1 & J_/*fJ & 110 C (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of Mill and Relay at Various Locations, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ITEM NO. DESCRIPTION UNIT OF MEASURE ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Patching with Type "C" Hot Mix, 2" depth (milling to a depth of 2"with replacement of 2" Type C Hot Mix), So 1 including labor, equipment, removal and SY 25,000 disposal of asphaltic surface, caliche base 1 and sub -grade (if soft or unstable) remove to a depth specified by the inspector. 4" lane line elimination. Including labor, 2. equipment, and all tools necessary to LF 1,000 S DoD� ` remove and relay markings. 3. Mobilization LS 1 C) V 0o ,S a DO O Total Base Bid, Items (1-3) IS UO 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 as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $1,204.29 for each consecutive calendar day after substantial completion set forth herein above for completion of this project, al l as more fully set forth in the General Conditions of the Agreement. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. 16 Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in f bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 70 calendar days after t scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined t plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees commence work on or before the date specified in the written notice to proceed, and to substantially complete the work i which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety compar payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the to, amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, ai execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him Bidder's Initials 17 Enclosed with this ashier Check or Certified Check for Dollars (S ) o�-e sum of Dollars (S ), which it 6 agreed shall be collectee Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within 10 business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. : (Seal if Bidder is a Corporation) O—IR Ill 'Secretary U Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date MAVBE Firm-, o i U If � A�Jrqss �bn � County State Zip Code Telephone: 0_ • 6-7— Z 21 L Fax: g OG. 3 3 $ f FEDERAL TAX ED or SOCIAL SECURITY No. �� :ZD2- 82 EMAIL: W C3T 1 e -,CSf -r , N�f FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/individual— Date of Award by City Council (for bids over SSO, 000): Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 19 %too#. ®e e i✓: s A Merchants Bonding Company P.O.90X 26720 • AUSTIN, TX 78755-0720 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS. That West Texas Paving, Inc. (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Lubbock (hereinafter called the Obligee) in the full and just sum of ($ 5V6 of GAB i 5% of GAB Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 15th day of January 2019 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Mill & Relay at Various Locations according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed, Witness: W By Attest-. MERCH T; By, — CON 0333 Au (W)1 I Texas Paving, Inc. Princip F3lA �'1' DNLNN COMPANY (Mutual) n. Rudberg, A -in-Fact .MERCHANTS BONDING COMPANY} POWER OF ATTORNEY Know Ali Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the Stale of Iowa (herein collectively called the 'Companlesl do hereby make, constitute and appoint, individually, Massimo Schirrtr, Michael N Rudberg; Taylor K Owen their true and lawful Attorney(s)-In-Fact, to sign Its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments M the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of Hie following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23. 2011 and amended August 14, 2015 and adopted by the Board of Directors of MefchanlsNational Bonding, Inc., an October 16, 2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shad have power and authority to appoint Altomeys4n-Fed, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.' 'Tile signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and deflvery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same farce and effect as though manually fixed.' In connection with obligations in favor of the Florida Department of Transportation only, H is agreed that the power and aut horny hereby given to the Allomey-fit-Fact includes any and all consents for the release of retained percentages and/or final estimates an engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of its obilgalions under its bond. _ In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky ai least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this irnslrumenl to be signed and seated this 1st day of November 2017 ••.•P11 O N4 4 'a. . • Q�NG , CQ,�'. .'Co' ORpORq'e0 : :moo 4HPppgA9y•, t41ERCNAPtTMERCHANTsBONDING NATIONAL OnPANY NDINC?`NCTUAL) v y 2003 p 1933 C: By -�k..........:rJ�r •,,�, ' µ �.,.• President STATE OFIOWA"""''• •�•""'' COUNTY OF DALLAS ss. _3 On this this 1st day of November 2017 before me appeared Larry Taylor, to me personally known, who being by me duty sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. E ALICIA K. GRAM Co rlmissiorl Number 767430 My Cornrrtission Expires April 1, 2020 Notary Publk (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, wtach is stilt in full farce and effect and has not been amended or revoked. In Wiliness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 15th day of Ja6uary ' , 2019 • • ?'prnpORq'e0 • o� R P 0,9 .o - ; w.'o q'�y'. ' 2003 - 1933 ; CL Secretory POA 0018 (3/17) �•""""'' ' •' City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Bidder Must be submitted with Bid I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If 1 am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. krnin ur IYNGJ 11 CONTRACTOR'S FHWADDUE S: ID D j -t---" c Ad C NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572. ITB 19-14449-TF Mill and Relay at Various Locations City of Lubbock, TX Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. 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 from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO t,� - If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. &)I r Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, 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 -_L-- If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. q City of Lubbock, TX Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel House Bill 89, adopted by the 851h Legislature, created §2270.001, Texas Government Code, Section Subtitle F, Title 10, requires a company entering to a contract with a governmental entity or state agency to verify that the company: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (Effective September 1, 2017) I, the undersigned agent for the company named below, certify that the Company does not boycott Israel and will not boycott Israel during the term of the contract. COMPANY NAME: Signature of Company Official: r--�'- Date Signed:�' r Printed name of company official signing above:rA 1~ 4 City of Lubbock, TX Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or malting sub -awards under covered transactions to parties that are suspended or 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 mdde 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. ry COMPANY NAME: FEDERAL TAX ID or SOCIA C Y No. % ;Lo L S L 8 Z Signature of Company Official: Printed name of company official signing �? G Jil4%1r �. Date Signed: k i t { LIST OF SUB -CONTRACTORS ITB 19-14449-TF Mill and Relay at Various Locations rFINAL LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. 6. ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. a a 10. ❑ d 11. ❑ d 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ a pCo y i F EFS E `P A3 Cr Na Address �' f #A O y co v / w a AL Cif I County Z State tp Code Telephone: 961 - S �ZaBt Fax: $06 -,�� THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 ITB 19-14449-TF Mill and Relay at Various Locations LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No I. .,...�. ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 5. ❑ a 6. o a 7. ❑ ❑ 8. ❑ a 9. ❑ ❑ 10. ❑ ❑ 11. ❑ a 12. ❑ a 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ Address 04 Auzoe Sao r� ' NP3 Z State Zip Code Telephone: - 33 -7,M z Fax: 606 - CL33-I?i S THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO ig PAYMENT BOND 1 U2120l2019 16t41West Texas Paling (FAX)80686n550 P , 003/006 Bond No. TXC88500 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL WN 13Y THESE PRESENTS, that West Texas Paying. (hereinafter called the Prinoipal(s), as Principal(s), and Merchants Bonding Company (Mutual) (hereinafter called the Surety(s), as Surety(s), are held and Emily hound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Five Hundred Seventeen Thousand and Five HunMd I.1ollars W17 500 lawful money of the United States for the payment whereo fi the said Principal and Surety bind themselves, and their heirs, admiuistrators, executors, successors and assigns, jointly and severally, firmly by these presents. W1•I 2WAS, the Principal has entered into a certain written contract with the Obligee, dated the 121t' day of Februsry, 2019, to IT]319-14449-Tf M G and ReIav at Various Eocatlons and said Principal under the law is required before eonnnencing the 'work provided for in said contract to execute a bod in the amount of said contract which contract is hereby referred to and made a part hereof as My and to the same extent as if copied at length herein, NOW, THEREFORE, TB E CONDIT10N 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 farce 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 instrmnent this _ 22nd day of February , 2019. Merchants Bonding Company (Mutual) West Texas Paving, Inc. Surety (Title)Michaei N. Rudberg, Att n-Fact t (Company Name) s 02/2012019 16: 42 West Texas Paying (FAX)8068633550 P. 0041006 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Cody White an agent resident in Lubbock County to whora any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, Merchants Bonding Company (Mutual) Surety By: (Title)Michael N. Rudberg, Atty-i act Approved as to form: City o ck By: Ci Attoniey Note: If signed by an Office of the Surety Company there must be on file a certified extract from. the by-laws showing that this person has authority to sign such obligations if signed by as Attorney in Fact, we must have copy of power of attorney for our files. E ®02/2012019 16:43West Texas Paving (FAX)8068633550 P.005/006 Bond No. TXC88500 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that West Texas Paving, Inc. (hereinafter called the Principal(s), as Principal(s), and Merchants Bonding Company (Mutual) (hereinafter called the Surety(s), as Swrety(s), are held and firmly bound unto the City of Lubbock (hereimftcr called the Obligee), in the amount of Five Hundred Seventeen Thousand and. Five Hundred Dollars fly 500 lawful money of the United States for the paymeiat whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WBEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12o' day of February, 2, 019, to ITR 19-14449-TF Mili. and Relay at Various Locations 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 Prinoipal (s) and Surety (s) have signed and sealed this instrument this 22nd day of February , 2019. Merchants Bonding Company (Mutual) Surety 6 * By. .L (Title) Michael N. Rudberg, Aft - -Fact West Texas Paving, Inc. (Company Name) By. Darrell Jaragin (Title) 0220J2019 16:43West Texas Paving (FAX)8068633550 P.00U006 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Cody White an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Merchants Bonding Company (Mutual) Surety *B h. 9-4� (Title) Michael N. Rudberg, Atty-in act Approved as to Form City 0 r sy; CI Attorney * Note: If signed by an Office of the Surety Company, there must be on file a certified extract from tYie by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we most have copy of power of attorney for our files. ' Bond No. TXC88500 MERCHANT5'�-"O'\'. BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Massimo Schirru; Michael N Rudberg; Tayler K Owen their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut horny hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond: In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1 st day of November 2017 At •� ��• •'�Pl+PO K ROZ ; •CO�'o �• :���•4RPOA,4r;9y,�; MERCHANTS BONDING COMPANY (MUTUAL) ) -O--o- MERCHANTS NATIONAL BONDING, INC. 2003 ; ,c� : a' 1933 c: By / 'd�' :� •y� :c~• '•;fly'' .•' 6��r' - `1a: President %1 STATE OF IOWA •••*4''•"'���'• • • • "•' • • • COUNTY OF DALLAS ss. On this this 1st day of November 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. AUCIA K. GRAM o v Commission Number 767430 �- My Commission Expires �( �P April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of February 2019 �.�P�10Nq�'•.• .•p�N� CpM•. ?Z • ca �.<• -o- v:a_: y F-� z -o- o; _ ? 1933 c; Secretary �•�""""'�� POA 0018 (3/17) STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that West Texas Paving, 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 Five Hundred Seventeen Thousand and Five Hundred Dollars $5 500 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 1211 day of February, 2019, to ITB 19-14449-TF Mill and Relay at Various Locations kand 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 8 this day of .2019. b : Surety *By. (Title) (Company Name) By: (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: 4 City of Lubbock By: s City Attorney * Note: If signed by an Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have w copy power of of attorneyfor our files. F F P sy PERFORMANCE BOND I STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that West Texas Paving, 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 Five Hundred Seventeen Thousand and Five Hundred Dollars $5 500� 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 121h day of February, 2019, to ITB 19-14449-TF Mill and Relay at Various Locations 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) 4 (Company Name) By: (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 1 03/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 CONTACT NAME:CONTACT PHOE FAX A CNNo Ext : 888-3334949 (A/C No); 507-4464664 ADORELSs: CLIENTCONTACTCENTE EDINS CO OWATONNA, MN 55060 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 170-421-2 INSURER B: FEDERATED SERVICE INSURANCE COMPANY 28304 WEST TEXAS PAVING, INC. PO BOX 64187 INSURER C: INSURER D: LUBBOCK, TX 79464-4187 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 38 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DL I S SUBR WVD POLICY NUMBER POLICY EFF MMIDD/Y POLICY EXP M1DDTY Y LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR Y Y 9850797 01/05/2019 01/05/2020 EACH OCCURRENCE $1,000,000 DAMAGE T ERoL.TED L_ $1O0,000 MED EXP (Any one person) _ _ $5,000 MN'L PERSONAL& ADV INJURY $1,000,000 AGGR GATE LIMIT APPLIES PER: POLICY JECT ❑ LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGO $2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDAUTOSULED HIRED AUTOS ONLY AUTOS N L AUTOS ONLY Y Y 9850797 01/05/2019 01/05/2020 EOMBoIINdED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE e d n A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE N N 9850799 01/05/2019 01/05/2020 EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 DED I RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROMEMBERIEXCLUDRIEXECUTIVE OFFICER (MandatoryIn NH EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y 9850798 01/05/2019 01/05/2020 X PER STATUTEER OT E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE • EA EMPLOYEE $1,000,000 E.L DISEASE -POLICY LIMIT $1,000,00C DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Addltlonel Remarks Schedule, may be attached H more space Is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 170-421-2 380 CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR PO BOX 2000 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I LUBBOCK, TX 79457-0001 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4, © 1988-2015 ACORD CORPORATION. All rights reserve ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ACCORD1 lk..� AGENCY CUSTOMER ID: 170-421-2 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY WEST TEXAS PAVING, INC. PO BOX 64187 POLICY NUMBER SEE CERTIFICATE # 38.0 LUBBOCK, TX 79464-4187 CARRIER NAIC CODE SEE CERTIFICATE # 38.0 EFFECTIVE DATE: SEE CERTIFICATE # 38.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILIa INSURANCE PROJECT: VARIOUS LOCATIONS MILL AND RELAY THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. WORKERS COMPENSATION CONTAINS A WAIVER.OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER WHERE PERMITTED BY STATE STATUTE. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. ACORD 101 (2008/01) a 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY El 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) $ A UTOMOTIVE LIABILITY Fi Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ E) Scheduled Autos Bodily Injury (Per Accident) $ 11 Hired Autos Property Damage $ E) Non -Owned Autos GARAGE LIABILITY C E Any Auto Auto Only - Each Accident $ E Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK U, 100% of the Total Contract Price $ ❑ INSTALLATIONFLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ J Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ G Included Statutory Limits Partners/Executive Cl Excluded Each Accident $ Offices 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 (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: 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. 9 �1 f CONTRACTORCHECKLIST A CONTRACTOR SHALL: i (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. t REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for 1 the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; '. (E) obtain from each other person with whom it contracts, and provide to the contractor: __ (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT Contract 14449 2 STATE OF TEXAS i COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12te day of February, 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 West Texas Paving, Inc. of the City of Wolfforth, 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: ITB 19-14449-TF Mill and Relay at Various Locations 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 Conditions of Agreement. West Texas Paving, Inc.'s bid dated January 15, 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. _v The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid 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 tUBBOCK, 7fEXAJ (OWNER): West Texas Paving, Inc. By: 4MI04 &I PRIM ED ' t L J- 2 q ES) TITLE: ME/4T COMPLETE ADDRESS: West Texas Paving, Inc. 10104 Alcove Avenue Wolfforth, TX 79382 ATTEST: Corporate Secretary Daniel M. Pope, Mayor ATTEST: Rebe ca Garza, City Secretary AS TO Superintendent P.E., Division Director of Public Works FOW: Leisure, Assistant City Attorney No Text CONFLICT OF INTEREST QUESTIONNAIR CHAPTER 176 E FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 84'h Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the !! 4 Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. I. 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 7t" 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 http://www.ci.lubbock.tx.us/departinental- websites/de ap rtments/purchasing/vendor-information L 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, 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: bqps://www.etliics.state.tx.us/whatsneA,/elf info form1295.htm GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank 1. OWNER 4. 5. GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit West Texas Paving, 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 Mike Gilliland, Public Works Superintendent, 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. 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. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). -. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. _y 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished 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. j 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 r 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. 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 L 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. LJ 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such a- inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. T y 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 furn actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and E 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 r 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 r proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. } 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the b 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 t 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 _e 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. F j 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 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury With 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. Umbrella Liability Insurance - (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $4,000.000 per occurrence on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. 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 to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by yy the Texas Workers' Compensation Commission, informing all persons providing services on the 1_