HomeMy WebLinkAboutResolution - 2020-R0037 - Contract 15083 Lydick-Hooks Roofing Co. - 1/28/2020Resolution No. 2020-R0037
Item No. 6.11
.January 28, 2020
RESOLUTION
BEI ITIU_SOLVED BY THE CITY COUNCIL Oh' "THE CITY Of LUBBOCK:
THAT'the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Contract No. 15083 for New Roofing System for
Fire Station 1415 as per RIT 20-15083-MA, by and between the City of Lubbock and Lydick -
Hooks Roofing Co. of Lubbock, Inc., and related documents. Said Contract is attached hereto
and incorporated iii this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on
ATTEST:
Rebec �a Garza, City Secret, ry
APPROVED AS TO CONTENT:
Marc Y'carwood, Assistant City Manager
APPROVED AS TO FORM:
I elli Leisure, Assistant City Attorney
ccdocs/Rl"S.Contract 15083 New Roofing System for Fire Station fl 15
RUILlary 2, 2020
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1011
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:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-578672
Lydick -Hooks Roofing Company
Lubbocki, TX United States
Date Filed:
01/17/2020
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
01/22/2020
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
15083 New Roofing System
Roofing
4
Name of Interested Party
Nature of interest
City, State, Country (place of business) (check applicable)
Controlling I Intermediary
Hooks, Reed
Lubbock, TX United States
X
Hooks, Randy
Lubbock, TX United States X
5 Check only if there is NO Interested Party. EJ
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is rare and correct.
Executed in County, State of on the -day of _, 20.
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos. I - 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 H there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2020-578729
Condray Design Group
Lubbock, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/18/2020
being filed.
City of Lubbock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14964
Architectural Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there Is NO Interested Party. ❑
6 UNSWORN DECLARATION
Myname is Gr 4� 111re7ertAe-l"- and mydate of birth is
12 --rK 21 k
Mvaddressis apinop� Ave- Z-,�"6�oc 1 -q -0 7, mi;A
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in 4eAbot=,1< County, State of %;t xlet ,on the MGM day of :,o '20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V1.1.3atiaat7cl
BOND CHECK
BESTRATING
LICENSED TILT TEXAS
DATE BY:
CONTRACT AWARD DATE: jailaiary 78, 2020
CITY OF LUBBOCK
SPECIFICATIONS FOR
New RoofiDg System for Fire Station # 15
RFP 20-15083-MA
CONTRACT: 15083
PROJECT NUMBER: 92433,8302.30000
Plans & Specifications may be obtained from.
Bidsync.corn
•
i
= a e
Page Intentionally Left Blank
City of Lubbock Bid RFP 15083-MA
City of Lubbock, TX
Purchasing and Contract Management
Contractor Checklist for
RFP 20-15083-MA
New Roofing System for Fire Station #15
XCarefully read and understand the plans and specifications and properly complete the BID SUBMITTAL
FORM. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on
acceptance of his bid to execute a contract and any required bonds, according to the accompanying
forms, for perforating 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. _X 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. X Complete CITY OF LUBBOCK REFERENCE FORM.
4. _X_ Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
Contractor's signature must be original.
5. Complete CONTRACTOR'S STATEMENT OF QUALIFICATIONS
6. Clearly mark the bid number, title, due date and time and your company name and address on the outside
of the envelope or container.
7. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office
prior to the deadline. Late bids will not be accepted.
8. X Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained
in detail and submitted with Bid.
9. X Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
10. x Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE,
11. Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel
12. Complete and submit the LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING:
13. Complete and submit the FINAL LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED:
14. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM
1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics
Commission website.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE
AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST
PAGE OF YOUR BID SUBMITTAL.
Lydick -Hooks Roofing Co. of Lubbock, Inc.
(Type or Print Company Name)
11/26/2019 12:16 PM P. 19
Page IntentionalI Left Blank
INDEX
1. NOTICE TO OFFERORS
2. GENERAL INSTRUCTIONS TO OFFERORS
3. TEXAS GOVERNMENT CODE § 2269
4. PROPOSAL SUBMITTAL FORM -- (must be submitted by published due date & time)
4-1. LUMP SUM PRICE PROPOSAL SUBMITTAL FORM
4-2. CITY OF LUBBOCK REFERENCE FORM
4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS
4-4. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
4-5. SAFETY RECORD QUESTIONNAIRE
4-6. SUSPENSION AND DEBARMENT CERTIFICATION
4-7. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
VERIFICATION
4-8. PROPOSED LIST OF SUB -CONTRACTORS
5, POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days
after the close date when proposals are due)
5-1. FINAL LIST OF SUB -CONTRACTORS
6. PAYMENT BOND
7. PERFORMANCE BOND
8. CERTIFICATE OF INSURANCE
9. CONTRACT
10. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
11. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
12. GENERAL CONDITIONS OF THE AGREEMENT
13. CITY OF LUBBOCK WAGE DETERMINATIONS
14. SPECIAL CONDITIONS (IF APPLICABLE)
15. SPECIFICATIONS
Page Intentionall Left Blank
NOTICE TO OFFERORS
Page Intentionall Left Blank
Notice to Offerors
RFP 20-15083-MA
Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Conti -act Management, City of
Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management City Hall,
1625 l3th Street, Room 204, Lubbock, Texas, 79401, until 3:00, PM on Decemberd 19, 2019, or as changed by
the issuance of fort-nal addenda to all planholders, to ftimish all labor and materials and perforin all work for the
construction of the following described prQiect:
New Roofing System for Fire Station #15
After the expiration of the time and date above first written, said scaled proposals will be opened in the
office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility
of the proposer to ensure that his proposal is actually in the office of the Director Of Purchasing and Contract
Management for the City of Lubbock, before the expiration of the date above first written.
The Contractor is only required to submit one original copy of every item listed on the Contractor
Checklist in the proposal submittal.
Proposals are due at 3:00 PM on December 19, 2019, ' and the City of Lubbock City Council will consider
the proposals on TBD, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be
reasonably convenient, subject to the right to reject any or all proposals and waive any formalities, The successful
proposer will be required to furnish a perfort-nance bond in accordance with Chapter 2253, Government Code, in
the amount of 1.00% of the total contract price in the event that said contract price exceeds $100,000 and the
successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government
Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said
statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS
MUST BE IN A FORM ACCEPTABLE TO THE CITY ATT'ORN EY. NO WORK ON THE CONTRACT
SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED.
Offerors are required, whether or not a payment or perfon-nance bond is required, to submit a cashier's or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an arnount not less than 5% of the total
amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary
bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE
PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL
CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE
PROPOSAL SUBMITTAL.
Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded
from http://www.b�idstic.com at no cost. In the event of a large file size, please be patient when downloading
or viewing. BUSINESSES WITHOUT INTERNETACCESS may use computers available at most public libraries.
It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror regarding
all local conditions Linder which the work is to be done. It shall be understood and agreed that all such factors
have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a
non -mandatory pre -proposal conference on December 10, 2019, at I 1:00AM, in the. City of Lubbock,
Purchasing and Contract ManaMement Office, Room 204,1625 13th Street Lubbock TX 79401.
Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem
wages included in the contract documents on file in the office of the Purchasing and Contract Management Office
of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention
is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements
contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages
as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals
in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability,
or national origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal
meetings and proposal openings are available to all persons regardless of disability. If you require special
assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office
Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK,
'Marta Mvarez
Marta Alvarez
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
GENERAL INSTRUCTIONS TO OFFERORS
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GENERAL INSTRUCTIONS TO OFFERORS
PROPOSAL DELIVERY, TIME & DATE
The City of Lubbock is seeking written and sealed competitive proposals to furnish New Roofing System
for Fire Station #15 per the attached specifications and contract documents. Sealed proposals will be
received no later than 3:00 PM, December 19, 2019, at the office listed below. Any proposal received
after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal
and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-
hand corner: "RFP 20-15083-MA, New Roofing System for Fire Station #15" and the proposal opening
date and time. Offerors must also include their company name and address on the outside of the envelope
or container. Proposals must be addressed to:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.1 Offerors are responsible for snaking certain proposals are delivered to the Purchasing and Contract
Management Office. Mailing of a proposal does not ensure that it will be delivered on time or
delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort
of delivery service that provides a receipt.
1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by
private courier service. Only written proposals submitted in conformance with the Instruction to
Offerrors will be considered responsive and evaluated or award of a Contract.
1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through
an addendum.
2 PRE -PROPOSAL MEETING
2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing
addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non -
mandatory pre -proposal conference will be held at 11:00AM, December 10, 2019,,in the City of
Lubbock,_ Purchasing and Contract Management Office, Room 204, 1625 13th Street, Lubbock, TX
79401. All persons attending the meeting will be asked to identify.., t „ein.,...,..v .
p g g.,,n, selves and the prospective
proposer they represent.
2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the sheeting is not
mandatory. The City will not be responsible for providing information discussed at the pre -
proposal meeting to offerors who do not attend the pre -proposal sheeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information
available over the Internet at www.bidsync.com. We strongly suggest that you check for any
addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES
WITHOUT INTERNET ACCESS may use computers available at most public libraries.
3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents
may request an interpretation thereof from the Director of Purchasing and Contract Management.
At the request of the proposer, or in the event the Director of Purchasing and Contract Management
deems the interpretation to be substantive, the interpretation will be shade by written addendum
issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and
Contract Management Office will be available over the Internet at http://www.bidsyne.com and
will become part of the proposal package having the same binding effect as provisions of the
original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING.
In order to have a request for interpretation considered, the request must be submitted in writing
and must be received by the City of Lubbock Purchasing and Contract Management Office no later
than five (5) calendar days before the proposal closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of
Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only
information supplied by the City of Lubbock Purchasing and Contract Management Office in
writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer
may have had before or after receipt of this RFP with any individuals, employees, or
representatives of the City and any information that may have been read in any news media or seen
or heard in any communication facility regarding this proposal should be disregarded in preparing
responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer shall carefully exdmine all RFP documents and thoroughly familiarize itself with
all requirements before submitting a proposal to ensure that their proposal meets the intent of these
specifications.
4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the
requirements of this Request for Proposals. Failure to make such investigations and examinations
shall not relieve the proposer fiorn obligation to comply, in every detail, with all provisions and
requirements of the Request for Proposals.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract
documents, shall be given to the Director of Purchasing and Contract Management and a
clarification obtained before the proposals are received, and if no such notice is received by
the Director of Purchasing and Contract Management prior to the opening of proposals,
then it shall be deemed that the proposer fully understands the work to be included and has
provided sufficient sums in its proposal to complete the work in accordance with these plans
and specifications. If proposer does not notify the Director of Purchasing and Contract
Management before offering of any discrepancies or omissions, then it shall be deemed for
all purposes that the plans and specifications are sufficient and adequate for completion of
the project. It is further agreed that any request for clarification must be submitted no later
than five (5) calendar days prior to the opening of proposals.
5 PROPOSAL PREPARATION COSTS
5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred
in the preparation and submission of a proposal.
5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any
services or equipment.
5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer.
6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial
decision, including trade secrets and commercial or financial information, clearly identify those
portions.
6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors
and keeps the proposals secret during negotiations. All proposals are open for public inspection
after the contract is awarded, but trade secrets and confidential infon-nation in the proposals are
not open for inspection. Tex. Loc. Gow. Code 252.049(a)
6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the
Texas Open Records Act.
6.4 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has
designated the following email address for which public information requests may be made by an
emailed request: ori-06,inylubbock.us. Please send this request to this ernail address for it to be
processed.
6.5 For more information, please see the City of Lubbock Public Information Act website at:
Jittps://qi, I ubbod . tx. u s/vagyes/ Dub] i c- i nforination -act
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer
is or may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their proposal submittal how they would Utilize local resources.
9 CONFLICT OF INTEREST
9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Lubbock.
92 By signing and executing this proposal, the proposer certifies and represents to the City the offeror
has not offered, conferred or agreed to confer any Pecuniary benefit or ot]-ter thing of value for the
receipt of special treatment, advantage, infori-nation, recipient's decision, opinion,
recommendation, vote or any other exercise of discretion concerning this proposal.
'10 EfAl . Wool# 4 JfflJMJVLJ
10.1 All work covered by the contract shall be done in accordance with contract documents described
in the General Conditions.
IU All offerors shall be thoroughly familiar with all of the requirements set forth on the contract
documents for the construction of this project and shall be responsible for the satisfactory
completion of all work contemplated by said contract documents.
It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and
prepare a proposal without charge. The contract documents may be examined without charge as noted in
the Notice to Offerors.
12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.
It shall be the offerors responsibility to advise the Director Of Purchasing and Contract
Management if any language, requirements, etc., or any combinations thereof, inadvertend
restricts or limits the requirements stated in this RFP to a -single source. Such notification must be
Submitted in writing and must be received by the City Purchasing and Contract Management
Office no later than five (5) calendar days before the proposal closing date. A review of such
notifications will be made.
12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL
REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION
CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN
WRITING NO LATER THAN FIVE (5) CALENDARDAVS PRIOR TO THE PROPOSAL
CLOSING DATE AND ADDRESSED TO:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
Purchasing and Contract Management Office
1625 13th Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2164
Email: MAI lii)n lul bcncic.,us
Bidsync: 21n2y,l is n c.ccnnrn.
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 60
Consecutive Calendar Days frorn the date specified in the Notice to Proceed issued by the City
of Lubbock to the successful proposer.
13.2 The Contractor will be pen-nitted 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 deterr.n.ined 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 Conti -actor 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 deten-nination 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
gvarantced 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 -flee performance and fault -free result in the processing date
and date -related data (including, but not limited to calculating, comparing and sequencing)
of all hardware, software and firmware products delivered and services provided under this
Contract, individually or in combination, as the case may be from the effective date of this
Contract. Also, the Contractor warrants calculations will be recognized and accommodated
and will not, in any way, result in hardware, software or firmware failure. The City of
Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the
procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor,
its sub -contractor or any third party involved in the creation or development of the products
and services to be delivered to the City of Lubbock under this Contract. Failure to comply
with any of the obligations contained herein, may result in the City of Lubbock availing itself
of any of its rights under the law and under this Contract including, but not limited to, its
right pertaining to tenmination 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 a maximum of five sets of plans and
specifications and related contract documents for use during construction. Plans and specifications for use
during construction will only be furnished directly to the Contractor. The Contractor shall then distribute
copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution
of the work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction,
and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such
work, until the date the City issues its certificate of completion to Contractor. The City reserves the right,
after the proposals have been opened and before the contract has been awarded, to require of a proposer
the following information:
(a) The experience record of the proposer showing completed jobs of a similar nature to the one
covered by the intended contract and all work in progress with bond amounts and percentage
completed.
(b) A sworn statement of the current financial condition of the proposer.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to
provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to
buy the materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents
in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility
lines, conduits or other underground structures which might or could be damaged by Contractor during
the construction of the project contemplated by these contract documents. The City of Lubbock agrees
that it will furnish Contractor the location of all such underground lines and utilities of which it has
knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned.
All such underground lines or structures, both known and unknown, cut or damaged by Contractor during
the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to
the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense.
22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger
signals, and shall take such other precautionary measures for the protection of persons, property and the
work as may be necessary. The Contractor will be held responsible for all damage to the work due to
failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion
shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's
responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to
Contractor of City's certificate of acceptance of the project.
23 EXPLOSIVES
23.1 The use of explosives will not be permitted
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful proposer shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that
the work contemplated by this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to
do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished
to the City and written notice of cancellation or any material change will be provided ten (10) days
in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost
and expense through the life of this contract, insurance protection as hereinafter specified.
Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be
carried with an insurance company authorized to transact business in the State of Texas and shall
cover all operations in coauiection with this dontract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor.
A certificate of insurance specifying each and all coverages shall be submitted before contract
execution.
26 LABOR AND WORKING HOURS
26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per
diem wages included in these contract documents. The wage rate that must be paid on this project
shall not be less than specified in the schedule of general prevailing rates of per diem wages as
above mentioned. The proposer' attention is further directed to the requirements of Texas
Goverrunent Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage
schedules above mentioned and the proposer's obligations thereunder. The inclusion of the
schedule of general prevailing rate of per diem wages in the contract documents does not release
the Contractor from compliance with any wage law that may be applicable. Construction work
under this contract requiring an inspector will not be performed on Sundays or holidays unless the
following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the
necessary service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the penalty provisions of the contract and Contractor can show
he has made a diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be perfonned on Sundays or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to
the weekend or holiday he desires to do work and obtain written pennission from the Owner's
Representative to do such work. The final decision on whether to allow construction work
requiring an inspector on Sundays or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being
done under this contract which is hazardous or dangerous to property or life, the Contractor shall
immediately commence work, regardless of the day of the week or the time of day, to correct or
alleviate such condition so that it is no longer dangerous to property or life.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
shall keep a record showing the name and occupation of each worker employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to each
worker. This record shall be open at all reasonable hours to inspection by the officers and agents
of the City. The Contractor must classify employees according to one of the classifications set forth in
the schedule of general prevailing rate of per diem wages, which schedule is included in the contract
documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract
is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion
thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular
classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated proposal price due
to increases or decreases in the cost of materials, labor or other items required for the project will be
rejected and returned to the proposer without being considered.
29 PREPARATION FOR PROPOSAL
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the
form shall be correctly filled in, stating the price in numerals for which he intends to do the
work contemplated or furnish the materials required. Such prices shall be written in ink,
distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the
extended total for a bid item, the unit price will be taken. A bid that has been opened may
not be changed for the purpose of correcting an error in the bid price.
29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized
agent. If a proposal is submitted by a firm, association, or partnership, the name and address of
each member must be given and the proposal signed by a member of the firm, association or
partnership, or person duly authorized. If the proposal is submitted by a company or corporation,
the company or corporate name and business address must be given, and the proposal signed by
an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The
proposal shall be executed in ink.
29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to
Offerors, and endorsed on the outside of the envelope in the following manner:
29.3.1 Proposer's name
29.3.2 Proposal "RFP 20-15083-MA New Roofing System for Fire Station #15"
Proposal submittals may be withdrawn and resubmitted at any time before the time set for
opening of the proposals, but no proposal may be withdrawn or altered thereafter.
30
31
29.4 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that
has been opened may not be changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE
MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
BOUND COPY OF CONTRACT DOCUMENTS
Proposer understands and agrees that the contract to be executed by proposer shall be bound and include
the following:
(a) Notice to Offerors.
(b) General Instructions to Offerors.
(c) Proposer's Submittal Fonn.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub -Contractors.
(j) All other documents made available to proposer for his inspection in accordance with the Notice
to Offerors.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
QUALIFICATIONS IFICATIONS OF OFFERORS
The proposer inay be required before the award of any contract to show to the complete satisfaction of the
City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service
specified therein in a satisfactory manner. The proposer may also be required to give a past history and
references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock
may make reasonable investigations deemed necessary and proper to detennine the ability of the proposer
to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose
that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal
may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of
Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete
the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service
required.
(b) The ability of the proposer to perform the work or provide the service promptly or within the time
specified, without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
(f) The experience and qualifications of key project personnel
(g) Past experience with the Owner
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of
ALL similar municipal and similar non -municipal current and completed projects for the past five (5)
years for review. This list shall include the names of supervisors and type of equipment used to perfornn
work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s)
that will be used to perform work on this project in compliance with City of Lubbock specifications herein.
32 BASIS OF PROPOSALS AND SELECTION CRITERIA
The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas
Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is
equal to 100 points. The weight factor is 60 points for Price, 25 points for Contractor Qualifications, 5
points for Safety Record Questionnaire, and 10 points for Construction Time. The selection criteria used
to evaluate each proposal includes the following:
32.1 60 POINTS - PRICE: The quality of Offerors is not judged' solely by a low initial cost proposal
or, conversely, eliminated solely because of a high initial cost proposal. The following is the
formula used when detennining price as a factor for construction contract proposals. The lowest
proposal price of all the proposals becomes the standard by which all price proposals are evaluated.
One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the
price of the proposal being evaluated. That fraction is then multiplied by the maximum point value
of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x
Maximum Point Value = Price Score.
32.2 25 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's
qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and
past experience with the contractor. The City may also interview the job superintendent at a time
to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is
as follows: (Points = Score) with a maximum of twenty-five points allowable. Each evaluator
assigns points based upon the responses the contractor provides in the "Contractor's Statement of
Qualifications" And any past experience with the contractor. The "Contractor's Statement of
Qualifications" is a minimum, and you may provide additional pertinent information relevant to
the project for which you are submitting this proposal.
32.3 5 POINTS - SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively
evaluated and the formula is as follows: (Points = Score) with a maximum of five points allowable.
Each evaluator assigns points based upon the responses you provide in your "Safety Record
Questionnaire" and the Contractors Experience Modification Ratio (EMR). Contractors with an
EMR greater than 1.0, as well as those Contractors not submitting EMRs, will receive zero points
for this portion of the selection criteria. The City may consider any incidence involving worker
safety or safety of Lubbock residents, be it related or caused by environmental, mechanical,
operational, supervision or any other cause or factor under the contractor's control. Evaluators
base their rating primarily upon how well you document previous offenses with the date of the
offense, location where the offense occurred, type of offense, final disposition of the offense, and
any penalty assessed as well as the EMR.
32.4 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators
use the following formula when detennining construction time as a factor for construction contract
proposals. The lowest construction time proposal of all the proposals becomes the standard by
which all the construction time proposals are evaluated. One at a time, each proposal is evaluated
by taking the lowest construction time and dividing it by the construction time of the proposal
being evaluated. That fraction is then multiplied by the maxiinuzn point value of the construction
time factor for the construction time score. For example: (Lowest construction time/Current
Proposal construction time) x Maximum Point Value = Construction Time Score)
32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The
Committee meets, during which time the Committee Chairperson totals the individual scores. If
the individual scores are similar, the Chairperson averages the scores then ranks offerors
accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates
discussion to determine the reasons for the differences and ensures that all evaluators are fiilly
knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based
on committee discussion. Please note that offerors with higher qualifications scores could be
ranked higher than offerors with slightly better price scores.
32.6 The estimated budget for the construction phase of this project is $50,000.
32.7 Proposals shall be made using the enclosed Proposal Submittal Form.
33 SELECTION
33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most
advantageous to the City of Lubbock considering the relative importance of evaluation factors
included in this RFP.
33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER
UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY
COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE
REQUIREMENTS OF THIS REQUEST FOR PROPOSAL,
33.3 The City shall select the offeror that offers the best value for the City based on the published
selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract
with the selected offeror. The City and its engineer or architect may discuss with the selected
offeror options for a scope or time modification and any price change associated with the
modification. If the City is unable to negotiate a contract with the selected offeror, the City shall,
formally and in writing, end negotiations with that offeror and proceed to the next offeror in the
order of the selection ranking until a contract is reached or all proposals are rejected.
33.4 In detenmining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
33.5 A proposal will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of
the items specified, if the unit prices are obviously unbalanced (either ill excess of or below
reasonably expected values), or irregularities of any bind. "
34 ANTI -LOBBYING PROVISION
34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE
CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND
REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH
ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE
REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE
OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS.
34.2 This provision is not meant to preclude bidders from discussing other matters with City Council
members or City staff This policy is intended to create a level playing field for all potential
bidders, assure that contract decisions are made in public, and to protect the integrity of the bid
process. Violation of this provision may result in rejection of the bidder's bid.
35. PROTEST
35.1 All protests regarding the RFP process inust be submitted in writing to the City Director of
Purchasing and Contract Management within 5 working days after the protesting party knows of
the occurrence of the action which is protested relating to advertising of notices deadlines,
proposal opening and all other related procedures under the Local Government Code, as well as
any protest relating to alleged improprieties with the RFP process. This limitation does not
include protests relating to staff recommendations as to award of contract. Protests relating to
staff recommendations may be directed to the City Manager. All staff recommendations will be
made available for public review prior to consideration by the City Council as allowed by law.
FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF
ANY PROTEST.
36 PREVAILING WAGE RATES
36.1 Offerors are required to comply with Texas Goveriunent Code, Chapter 2258, Prevailing Wage
Rates, with respect to the payment of prevailing wage rates for the construction of a public work,
including a building, highway, road, excavation, and repair work or other project development or
improvement, paid for in whole or in part from public funds, without regard to whether the work
is done under public supervision or direction. A worker is employed on a public work if the worker
is employed by the contractor or any subcontractor in the execution of the contract for the project.
36.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less
than the general prevailing rate of per diem wages for the work of a similar character in the locality
in which the work is performed, and not less than the general prevailing rate of per diem wages
for legal holiday and overtime work.
36.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay
to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that
the worker is paid less than the wage rates stipulated in the contract.
TEXAS GOVERNMENT CODE § 2269
SUBCHAPTER D.
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In
this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests
proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the
construction, rehabilitation, alteration, or repair of a facility.
(b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow
the procedures provided by this subehapter.
Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or
designate an architect or engineer to prepare construction documents for the project. The selected or designated
engineer or architect has frill responsibility for complying with Chapter 1001 or 1051, Occupations Code, as
applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental
entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as
provided by Section 2254.004, Government Code.
Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for
competitive sealed proposals that includes construction documents, selection criteria and the weighted value for
each criterion, estimated budget, project scope, estimated project completion date, and other information that a
contractor may require to respond to the request. The govenunental entity shall state in the request for proposals
the selection criteria that will be used in selecting the successful offeror.
Sec. 2269.154. EVALUATION OF OFFERORS. (a) The goverruriental entity shall receive, publicly
open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later
than the 45th day after the date on which the proposals are opened, the govenunental entity shall evaluate and
rank each proposal submitted in relation to the published selection criteria.
Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that
submits the proposal that offers the best value for the governmental entity based on:
(1) the selection criteria in the request for proposal and the weighted value for those criteria in
the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to
negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss
with the selected offeror options for a scope or time modification and any price change associated with the
modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected
offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to
the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In
determining best value for the govenunental entity, the governmental entity is not restricted to considering
price alone, but may consider any other factor stated in the selection criteria.
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
Page Intentionally_ Left Blank
City of Lubbock
Bid RFP 15083-MA
PROPOSAL SUBMITTAL FORM
FIRE STATION #15 REROOF
8002 VENITA
DATE: December 19, 2019
PROJECT NUMBER: RFP 20-15083-MA
Proposal of Lydick -Hooks Roofing Co. of Lubbock, Inc.
called Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
(hereinafter
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the Fire Station #15 Reroof having carefully
examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the
renovations of the intended project including the availability of materials and labor, hereby intends to furnish
all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and
contract documents, within the time set forth therein and at the price stated below. The price to cover all
expenses incurred in performing the work required under the contract documents.
tASE PROPOSAL
ITEM
NO.
DESCRIPTION
UNIT
MATERIALS
LABOR
TOTAL PRICE
Complete new roofing system as
1
LS
$31,437.00
$24,897.00
$56,334.00
specified.
TOTAL BASE
($$56,334.00
ADDITIONAL UNIT PRICE OPTIONS
PROPOSAL ITEM #1:
ITEM
NO.
DESCRIPTION
UNIT
QUANTITY
COST PER UNIT
EXTENDED COST
A
Remove and replace deteriorated
Board
1
nailers.
Foot
$5.00
$5.00
Remove & replace wet
B
insulation (nominal thickness of
Square
Foot
1
$8.00
$8.00
1"
DURATION
1. Number of days required for Base Proposal:
31 TOTAL CALENDAR DAYS: 31
Offeror's .Initials
11/26/2019 12:16 PM p. 45
City of Lubbock
Bid RFP 15083-MA
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 60 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 $250 for each consecutive calendar day after substantial completion set forth
Offeror's Initials
herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the
Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The
Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and
he further agrees to commence work on the date specified in the written notice to proceed, and to substantially
complete the work on which he has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
Offeror's Initials
11/26/2019 12:16 PM p. 46
City of Lubbock
Bid RFP 15083-MA
Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with
this proposal is a Cashier's Check or Certified Check for --------------------------
_------_
Dollars ($ ) or a Proposal Bond in the sum of Two thousand eight hundredsixteen and 70/100--
,..,,._..._
Dollars ($ 2 , 816.70 ), which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event the proposal is accepted by the Owner and the undersigned
fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within ten (10) business days after the date of receipt of written
notification of acceptance of said proposal; otherwise, said check or bond shall be returned to
the undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound
and include all contract documents made available to him for his inspection in accordance with the
Notice to Offerors.
Pursuant to Texas Local Government Code 252.043(g), a
competitive sealed proposal that has been opened may not be
changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE
PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
(Sea] if Offeror is a
ATT,�T: 1
Secretary
Randy Hooks
Offeror acknowledges receipt of the following addenda:
Addenda No.
Date,
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Date: December 19, 2019
Authorized Signature
Reed Hooks
(Printed or Typed Name)
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Company T
P.O. Box 2605
Address
Lubbock
Lubbock
City,
County
Texas
79408
State
Zip Code
Telephone:
806 - 765-5577
Fax.: 806
- 765-5581
Email: lydick-hooks a@sbcglobal.net
FEDERAL TAX ID or ,SOCIAL SECURITY
No.
75-0405113
M11VBE Firm: Woman Black American Native American
Hispanic American I I Asian Pacific American Other (Specify)
11/26/2019 12:16 PM p. 47
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City of Lubbock
Contractors Statement of Qualifications
Bid RFP 15083-MA
Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the
Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate
evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following
Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of
the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER.
In evaluating a firm's qualifications, the following major factors will be considered:
A. FINANCIAL CAPABILITY:
For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the
CONTRACTOR'S ability to secure bonding satisfactory to the OWNER.
B. EXPERIENCE:
Do the organization and key personnel have appropriate technical experience on similar projects?
C. SAFETY:
Does the organization stress and support safety as an important function of the work process?
D. QUALITY OF WORK:
(1) Does the organization have a commitment to quality in every facet of their work - the process as well
as the product?
(2) Does the organization have a written quality philosophy and/or principles that exemplifies their
work? If so, submit as Attachment "A".
(3) Has this organization ever received an award or been recognized for doing "quality" work on a
project? If so, give details under Attachment "A".
E. CONFORMANCE TO CONTRACT DOCUMENTS:
(1) Does the organization have a commitment and philosophy to construct projects as designed and as
defined in the Contract Documents?
The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to
require the submission of additional information.
The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the
lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non-
responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and
developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm.
Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any
such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of
the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER
resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages.
Complete the following information for your organization:
11/26/2019 12:16 PM p.48
City of Lubbock
Contractor's General Information
I Organization Doing Business As I Lydick -Hooks Roofing Co. of Lubbock, Inc.
Business Address of Principle Office
P.O. Box 2605
Lubbock, TX 79408
Telephone Numbers
Main Number (806) 765-5577
Fax Number (806) 765-5581
Web Site Address www.lydickbookslubbock.com
-- T-T
Form of Business (Check One) X I A Corporation A Partnership An Individual
Date of Incorporation 1925
State of Incorporation Texas
Chief Executive Officer's Name Ralph N. (Randy) I -looks, Jr.
President's Name Ralph N. Hooks, Jr.
Reed Hooks
Vice President's Name(s)
Secretary's Name Ralph N. Hooks, Jr.
Treasurer's Name Ralph N. Hooks, Jr.
Date of Organization
State whether partnership is general or
limited
Narne
.Business Address
Average Number of Current Full Time 30 Average Estimate of Revenue for 5,000,000M
Employees the Current Year
11/26/2019 12:16 PM p. 49
ms�'
Contractor's Organizational Experience
Organization Doing Business As
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Business Address of Regional Office
1924 Clovis Road
Lubbock, TX 79415
Name of Regional Office Manager
Ralph N. Hooks, Jr.
Telephone Numbers
Main Number
(806) 765-5577
Fax Number
(806) 765-5581
Web Site Address www.lydickliooks]ubbock.com
List of names that this organization currently, has or anticipates operating under over the history of the organization,
including the names of related companies presently doing business:
Names of Organization
From Date
To Date
None
List of companies, firms or organizations that own any part of the organization.
Name of companies, Firms or organization
Percent Ownership
None
Years experience in projects similar to the proposed project:
As a General Contractor
1 128
1 As a Joint Venture Partner
Has this or a predecessor organization ever defaulted oil a project or failed to complete any
work awarded to it?
No
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization been released from a Proposal or proposal in the past ten
No
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever been disqualification as a Proposer or proposer by
any local, state, or federal agency within the last five years?
No
If yes provide fall details in a separate attachment. See attachment No.
..........
Is this organization or your proposed surety currently in any litigation or contemplating
litigation?
Yes
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever refused to construct or refused to provide materials
defined in the contract documents?
No
If yes, provide full details in a separate attachment. See attachment No.
11/26/2019 12:16 PM P, 50
Wayland Baptist University
Dispute over insurance coverage for parking lot damage.
OSHA Contest
Date of offense: 9/13/2018
Location of establishment inspected: 16320 TX-493 Loop — Lubbock, TX
Category of offense: Serious.
Penalty assessed: To be determined
City of Lubbock
Conti -actor's Proposed Key Personnel
Organization
Orgaiiization Doing Business As
Lydick -Hooks Roofing Co. of Lubbock, Inc.
1
, I NN I 111, 0 fflfflffl��� ii I I
iffiMMMMMMMM
Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart.
Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment
No.
See Attached
Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational
cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to
this description. See attachment No,
See Attached
Provide information on the key personnel proposed for this project that will provide the following key functions.
Provide information for candidates for each of these positions on the pages for each of these key personnel. Also
provide biographical information for each primary and alternate candidate as an attachment. The biographical
information must include the following as a minimum: technical experience, managerial experience, education and
formal training, work history which describes project experience, including the roles and responsibilities for each
assignment, and primary language. Additional information highlighting experience which makes them the best
candidate for the assignment should also be included.
Role
Primary Candidate
Alternate Candidate
Project Manager
Reed Hooks
Randy Hooks
project Superintendent
Lonny Garrett
Reed Hooks
project Safety Officer
Jesse Martinez
Reed Hooks
Qua➢ity Control Manager
Lonny Garrett
Reed Hooks
If key personnel are to fulfill more than one of the roles ➢isted above, provide a written narrative describing how
much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their tirne
that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to
be divided between this project and their other assignments,
11/26/2019 12:16 PM p, 51
Reed Hacks
Vice President
10 Years
Lubbock, TX
Randy Hooks
President
49 years
Lubbock, TX
Jesse Martinez
Project Manager
I Year
Lubbock, TX
Lanny Garrett
Superintendent.
291 Years
Lubbock, TX
City of Lubbock
Bid RFP 15083-MA
Proposed Project Managers
Organization Doing Business As
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Narne of Individual
Reed Hooks
Years of Experience as Project Manager
10
Years of Experience with this organization
10
Number of similar projects as Project Manager
25-4-
Nurnber of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
Estimated Project
this Project
Coin letion Date
Cap Rock
10
1/15/2020
Seminole Hospital
10
2/29/2020
Hart ISD
10
6/30/2020
Reference Contact Information (listing names indicates a
roval. to cont,acting
the names individuals as a reference)
Name
Brad h7raper
Narne
Ivan Jones
Title/ Position
Consultant
Title/ Position
Owner
CiEganization
Armko Industries, Inc.
Organization
Ivan Jones Associates
Telephone -
806-833-,6953
Telephone
806-786-5318
E-mail
bdraper('0annko.com
E-mail
ojn �sqi i'aproductsxom
Various
Project
Various
Candidate role on
Projkect Manager
Candidates role
Project Manager
afi
mmiiiimmm
�on Pro,) Oct
Name of Individual
None
Years of Experience as Project
ject Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
Estimated Project
this
Name
Name
Title/ Position
Title/ Position
Organization
Or anization
Telephone
Telephone
E-mail
E-mail
Project
Project
Candidate role on
Candidate role
Project
on Project
11/26/2019 12:16 PM p. 52
City of Lubbock
Proposed Project Superintendent
Organization Doing Business As
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Narne of Individual
Lonny Garrett
Years of Experience as Project Superintendent
17
Years of Experience with this organization
29
Number of similar projects as Superintendent
Many
Number of similar projects in other positions
Many
Current Project Assignments
Overall Superintendent
Name of Assignment
Percent of Time Used foi-
-Estimated Project
this Preject
Completion Date
Various
-
Reference Contact Information (listing names indicates a
roval to contacting the
naives individuals as a reference)
Name
Brad. Draper
Name
Ivan Jones___...
Title/ Position
Consultant
-
Title/ Position
Owner
Organization
Armko
Organization
Ivan Jones Associates
Telphone:
906-833-6953
Telephone
806-786-53 IS
E-mail
bdraper@armko.com
E-mail
_Lij ones(cD
Project
Various
Pro j ect
Various
Candidate role on
Superintendent
Candidate role
Superintendent
Pi
o' t
on Project
Name of Individual
None
Years of Experience as Project Superintendent
Years of Experience with this organization
Number of similar projects as Superintendent
Number of similar projects in other positions
Current Project Assignments
Name of Assignment --Percent
of Time Used for
Estimated Project
this PrOjiect
Completion Date
Name
Title/ Position
77F7=
7
Organization
'fele liana
E-mail
E-mail
Project
Project
Candidate role on
Candidate role
on Project
11126/2019 12:16 PM P. 53
City of Lubbock
Proposed Project Safety Officer
Organization Doing Business As
Lydick -Hooks Roofing Co. of Lubbock, Inc.
Name of Individual
IN
Jesse Martinez
Years of Experience as Project Safety Officer
Years of Experience with this organization
1.
Number of similar projects as Safety Officer
Number of similar projects in other positions
Current Project Assignments
Nameof Assignment
Percent of Time Used for
Estimated Project
this Project
Com letion Date
Cap Rock
10
1/15/2020
Seminole Hospital
I ()
2/29/2020
Hart ISD
10
6/30/2020
Reference Contact Information (listing names indicates an,n oval to contacting
the names individuals as a reference)
Name
Brad Draper
Name
Ivan Jones
Title/ Position
Consultant
Title/ Position
Owner
Arniko
Organization
Ivan. Jones Associates
reighone
806-833-6953
Telephone
806-786-5318
E-mail
bdra er armko.com
_E-mail
ij ones@iJI apro,d nets. coin
_EE2jSLt_
Various
LEroject
Various
Candidate role on
Safety Officer
Candidate role
Safety Officer
Projec!
1111111111111MIN
on ProJect
Narne of Individual
None
Years of Experience as Project Safety Oifficer
Years of Experience with this organization
Number of similar projects as Safety Officer
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
Estimated Project
this Project
Completion Date
-Name
Name
77=77
W(I
Name
Title/ Position
Title/ Position
.Organization
Or anizatio�n
Telepho e
Telephone
E-mail
E-mail
Project
Project
Candidate role on
Candidate role
Project
on Pr2:lcct
11/26/2019 1216 PM p. 54
Mamusm
Proposed Project Quality Control Manager
Organization Doing Business As
Lydick -[.-looks Roofing Co. of Lubbock, Inc.
Name of Individual
Lonny Garrett
Years of Experience as Quality Control Manager
17
Years of Experience with this organization
29
Number of similar projects as Quality Manager
Many
Number of similar projects in other positions
Many
Current Project Assignments
Narne of Assignment
Percent of Time Used for
Estimated Project
this Pro'ect
Completion Date
Cap Rock
to
1/15/2020
Seminole Hospital
10
2/29/2020
Hart ISD
10
6/30/2020
Reference Contact Information (listing names indicates a
roval to contacting the
names individuals as a reference)
Name
Brad Dr Per
Name
Ivan Jones
Title/ Position
Consultant
, Fitle/ Position
Owner
Organization
Armko
anization
Ivan Jones Associates
J�bone ��
806-833-6953
_Or
Telephone
806-786-53 18
E-mail
bdraper( Z6arrnkoxorn
E-mail
ijones@,)!ijaproductsxorn
-Lr-oject
Various
Project
Various
Candidate role on
l3ro'
Quality Control Manager
Candidate role
Quality Control Manager
ec,
on
on
Pr"�ec
Pro"ect
blame of Individual
None
ea sol Experience as Quality Control Mana
Y r Manager
Years of Experience with this organization
Number of similar projects as Quality Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent
Percent of Tune Used for
Estimated Protect
Protect
Completion Date
ZMEMPSEMEMMEMIMEHEM
Narita
Name
Title/ Position
1 c/ Pos
Itl '1!ion
7o
Organization
an za
i tion
Telel)honc7
E-mail
E-mail
&Teliephone
Project
PrqJ e,,t
Candidate role on
Candidate role
on Project
11126/2019 12:16 PM P� 55
City of Lubbock
1"M
Contractor's Project Experience and Resources
Organization Doing Business As Lydick -Hooks Roofing Co. of Lubbock, Inc.
MEMMMEMMMMESSIM ME
Provide a list of major projects that are currently underway, or have been completed within the last ten years on
Attachment A
Provide a completed Project Information form (Attachment B) for projects that have been completed in the -last rive
years which specifically illustrate the organizations capability to provide best value to the Owner for this project.
Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the
proposed key personnel.
Provide a description of your organizations approach to completing this project to provide best value for the Owner.
Including a description of your approach in the following areas:
I. Contract administration
2. Management of subcontractor and suppliers
3. Time management
4, Cost control
5. Quality management
6. Project site safety
7. Managing changes to the project
8. Managing equipment
9. Meetin HUB /MWBE Participation Goal
i;iili!i�l! 11 i i 1;ii: gggi: min i! 11011111; 1;
IMIMEM 1111111 i I
MENM ;
Provide a list of major equipment pr posed For use on this project. Attach Additional Information if necess
Equipment Item Primary Use on Project Own Will Lease
Bu
Asphalt Kettles Providing hot asphalt as needed: x
(1) stockita x meter%aP x
(2) Removing debris
What work will the organization complete using its own resources?
All roofing and sheet metal -related functions
What work does the organization propose to subcontract on this project?
None
11 /2612019 12:16 PM P. 56
City of Lubbock
Contractor's Subcontractors and Vendors
BW RFP 15083-MA
Organization Doing Business As "Lydick -Hooks Roofing: Co. of Lubbock, Inc.
-ME= EM
Provide a list Of subcontractors that will provide more than I O..percent of the work (based on contract amounts
Name Work to be Provided Est. Percent HUB/MWBE
of Contract � Firm
Provide information on the proposed key personnel, project experience and a description of past relationship and work
experience for each subcontractor listed above USim, the Proicet Information Forms,
provide a list of major equipment proposed for use on this project. Attach Additional Information if neces ary
Furnish Furnish HUB/M
Vendor Name Equipment / Material Provided Only and WBE
Install Firm
11/2612019 12:16 PM p, 57
Attachment A
Current projects and project Completed within the last 10 Years
Project Owner
I Seminole Hospital District I
Project Name
I Seminole Memorial Hospital
General Description of Project: Roofing & Sheet Metal
Project Cost
1,238,917.00
Date Project Completed
Current
Key Project Personnel Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name Randy Hooks
Lonny Garrett
Jesse Martinez
Lanny Garrett
Reference Contact Information (listing naives indicates approval to contacting the names individuals as a reference) j
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Designer
Construction Manager Ray Sierra
(806) 758-4858
Project Owner I Cityof Levelland Project Name City of Levelland - Various Facilities
General Description of Project: Roofing & Sheet Metal
Project Cost
$493,443.00
Date Project Completed 3/30/2018
Key Project Personnel Project Manager Project Superintendent
Safety Officer
Quality Control
Manager
Name Reed Hooks Lonny Garrett
Chris Wright
Lonnv Garrett
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Orcanization
Telephone
E-mail
Owner
Barbra Dinner
Mayor
City of Levelland
06-894-0113
Designer
Brad Draper
Consultant
Arm o Industries Inc.
806-8316953
bdraper@armko.com
Construction Manager
Jahn Agnew
Chief Buildin Official
City of Levelland
806-568-54 2
jagnew@levellandtexas.org
Project Owner I Lubbock -Cooper ISD lProjectName I Lubbock -Cooper New East Elementary
General Description of Project: Roofin & Sheet Mehl
Project Cost $881,584.00 Date Project Completed
7/31 /2018
Key Project Personnel
Project Manager Project Superintendent
Safety Officer
Quality Control
Mana er
Narne
Reed Hooks Lonny Garrett
Chris Wright
Lonny Garrett
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name Title/ Position
Organization
Telephone
E-mail
Owner
Keith S ant Superintendent
Lubbock -Cooper ISD
806-863-7100
kbryant@lcisd.net
Designer
David Gonzales Project Manager
Parkhill Smith & Cooper
806-441-3996
Construction Manager
Michael Haverdink Vice President
Sandia Construction
806-745-9450
michael sandiaccnst.com
vrolect information
Project Owner Project Name
General Description of Project
Budget History
Bid
Change Orders
Owner Enhancements
Unforeseen Conditions
Design Issues
Total
Find Cost
own
Percentage of Time Devoted to the Project
Proposed for this Project
Did Individual Start and Complete the Project?
If not, who started or completed the project in their place.
Reason for change.
Owner
Designer
Construction Manager
Surety
Nrrmher o Issues
Resolved
I
Name
Title/ Position
Total Amount involved in
Resolved Issues
Organization
Number of Issues
Telephone
Hate I Days
Quality Control Manager
E-mail
Total Amount involved in
Resolved Issues
v,
0
co
ea
Vdick-Hooks Roofing Company of Lubbock
Lubbock, TX (Certified for TX)
Has achieved the exclusive status of Master Only 1% of the roofing contractors in North
Select Roofing Contractor for GAF,
(Commercial Roofing Products Division),
North America's Largest Roofing Manufacturer.
GAF ID; 1003016
Asphaltic I Restoration j Single -ply
Jim Schnepper
President and CEO, GAF
America have achieved Master Select Status!
Based on their uncompromising commitment to
installation excellence and continuous education,
they have pledged to ensure that each customer
receives their "best and safest choice" in roofing
and are authorized to offer the Diamond Pledge°
NDL Roof Guarantee.
Valid Through: 05/2020 Member Since; 0312003
Bobby Fischer
Vice President, Contractor Programs, GAF
Pate Intentionally Left Blank
City of Lubbock
Bid RFP 15083-MA
City of Lubbock, TX
Insurance Requirement Affidavit
To Be Completed by Offeror
Must be submitted with Proposal
1, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed
by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten
(10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the
City meeting all of the requirements defined in this proposal.
fi& /K
C ntractor (Original Signature)
Reed Hooks
Contractor (Print)
CONTRACTOR'S BUSINESS NAME: Lydick -Hooks Roofing Co. of Lubbock, Inc.
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: P.O. Box 2605
Lubbock, TX 79408
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
RFP 20-15083-MA - New Roofing System for Fire Station #15
11/26/2019 12:16 PM p. 60
Page Intentionally Left Blank
City of Lubbock Bid RFP 15083-MA
Safety Record Questionnaire
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code,
and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section
252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for
accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the
past live (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army
Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection
Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed,
pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and
judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
offeror and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four
(4) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES X NO
If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed. ((A Offeror's Initials
1112612019 12:16 PM p. 62
Safety Record Questionnaire
Question One:
Date of offense: 9/13/2018
Location of establishment inspected: 16320 TX-493 Loop — Lubbock, TX
Category of offense: Serious
Final disposition of offense, if any:
Penalty assessed: To be determined
City of Lubbock
Bid RFP 15083-MA
QUESTION TWO
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations,
of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES NO X
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (la) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO X
If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed.
QUESTION FOUR
Provide your company's Experience Modification Rate and supporting information: 9.46
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated,
with my full permission, and that any misrepresentations okomis s ma cause my proposal to be rejected.
Si nature
Reed Hooks
Title
11/26/2019 12:16 PM p. 63
Page Intentionally Left Blank
City of Lubbock Bid RFP 15083-MA
City of Lubbock, TX
RFP 20-15083-MA
Suspension and Debarment Certification
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or services
equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its
principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
COMPANY NAME: Lydick -Hooks Roofing Co. of Lubbock, Inc.
FEDERAL TAX ID or SOCIAL
Signature of Company 0
75-0405113
Printed name of company official signing above: Reed Hooks
Date Signed: December 19, 2019
11/26/2019 12:16 PM p, 64
City of Lubbock Bid RFP 15088-MA
City of Lubbock, TX
Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel
RFP 20-15083-MA
Section 2270.002, Government Code, (a) This section applies only to a contract that:
(1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value
of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A
governmental entity may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
I, the undersigned agent for the company named below, certify that I have read the above statement and will
comply with its requirements.
COMPANY NAME
Signature of Company
Date Signed:
Lydick -Hooks Roofing Co. of Lubbock, Inc.
December 19, 2019
Printed name of company official signing above
Reed Hooks
11/26/2019 12:16 PM p. 65
City of Lubbock
Bid RFP 15083-MA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Company Naive
None
PROPOSED LIST OF SUB -CONTRACTORS
Location Services Provided
Minority Owned
Yes No
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
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THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
SUBMITTED BY:
Lydick -Hooks Roofin Co. of Lubbock, Inc.
(PRINT NAME OF COMPANY
REP 20-15083-MA - New Roofing System for Fire Station #15
11/26/2019 12:16 PM p. 67
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POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Purchasing and Contract Management Office
Not Later Than SEVEN BUSYNESS DAYS after the close date when proposals are due.
FINAL LIST OF SUB -CONTRACTORS
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
1.2.
13.
14.
15.
16.
Company Name
Dent Electric, Inc.
FINAL LIST OF SUB -CONTRACTORS
Location
Lubbock, Tx
Services Provided
EIectrical
SUBMITTED BY:
Lydick -Hooks Roofing Co. of Lubbock, Inc.
(PRINT NAME OF COMPANY)
Minority Owned
Yes No
x ❑
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❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
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❑ ❑-
0 ❑
1l ❑
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THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS
DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
RFP 20-15083-MA - New Roofing System for Fire Station #15
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PAYMENT BOND
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STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that Lydick -Hooks Roofing Co. of Lubbock, Inc. (hereinafter called the
Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and fini-ly bound unto the City of Lubbock (hereinafter called the
. �
Obligee), in the amount of Fifty -Six Thousand Three Hundred Thirty -Four Dollars (�56,334lawful 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 28"' day of January,
2020, to RFP 20-15083-MA_New Roofing System for Fire Station #15.
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying Iabor 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.
Surety
*By
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
_ day of 2020.
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Surety
* By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the bylaws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
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PERFORMANCE BOND
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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 Lydick -Hooks Roofing Co. of Lubbock, lne. (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 Fifty -Six Thousand Three Hundred Thirty -Four Dollars (j5j 334 lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adnunistrators,
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 281h day of January,
2020, to REP 20-15083-MA New Roofm, System for Fire Station #15.
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 2020.
Surety
* By:
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
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The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Surety
*By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in pact, we must have copy of power of
attorney for our files.
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CERTIFICATE OF INSURANCE
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TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT .... . ................ (Nance and Address of Insured) is,at the date of this certificate,
insured by this Company with respect to tire business operations hereinafter described, for the typed of insurance nand in accordance with the provisions
of the standard policies used by this company, the further hereinafterdescribed. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GLNERA LL 1AB11 ITY
Commercial General Liability
Gencral Aggregate S__
Claims Made
Products-COnip/Op AGG S
OCCUITMCC
Personal & Adv. Injury S
Owner's & Contractors Protective
Each Occurrence S
0
Fire Damage (Any one Fire) S
$__
Wd Exp (Any one Person)
A UT0114077fE LL,011.17T
Any Auto
Combined Single LinutS
All Owned Autos
Bodily In.jury (Per Person) S
Scheduled Autos
Bodily lqjury (Per Accident) S
Hired Autos
Propefty Damage
Non -Owned Autos
GARAGELIAB11,17Y
Any Auto
Auto Only - Each Accident
Other than Auto Only:
Each Accident S
Aggregate
BUILDER'S RISK
100% of the Total Contract Price
S
INSTALLA 710N li'l OA Th,'R
1.,"XCIESS LIABILITY
Umbrella Form
Each OcCLUTC11CC
Aggregate ti
g
OffierThan Umbrella Form
WORKERS COMP EASA 7"YON ANI.)
EMPLOYE"RS'LL4BILITY
The Propriotor/ Included
Statutory Limits
Paroiers/Executive Excluded
Each Accident $
Officers are:
Disease Policy Limit $
-------- - - --
Disease-Each Employee $
0771ER
The above policies either in the body thereof or by appropriate endorsenicnt provide that they may not be changed or canceled by the insurer in less
than the legal tirne required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less
than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
MUST BE SENT TO THE CITY OF LUBBOCK
(Name of Insurer)
IN
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General
Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BETHE CONTRACT(m"S,
THE ADDITIONAL INSURFJ) ENDORSEM ENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
CONTRACTORCHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior
to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governnental
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 conunission
rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the following
text provided by the commission on the sample notice, without any additional words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM
OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED
SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL
LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS
OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF
THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
COPIES OF THE ENDORSEMENTS ARE REQUIRED.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Conunission at 512-305-7238 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report
an employer's failure to provide coverage." and contractually require each person with whom it contracts
to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(D) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(E) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(F) notify the govermnental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(G) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
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CONTRACT
Page Intentional[ Left Blank
Contract 15083
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 28111 day of January, 2020 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 Lydick -Hooks Roofinm Co. of Lubbock, Inc. of the City of Lubbock, County of
Lubbock and the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
RFP 20-15083-MA New Roofing System for Fire Station #15
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Condition of Agreement. Lydick -Hooks Roofiuz Co. of Lubbock, Inc.'s proposal dated
December 19, 2019 is incorporated into and made a part of tlus agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
Lydick -Hooks Roofing Co. of Lubbock, Inc.
By:
PRINTED NAME:
TITLE:
COMPLETE ADDRESS:
Lydick -Hooks Roofing Co. of Lubbock, Inc.
PO Box 2605
Lubbock, TX 79408
ATTEST:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER):
I:
Daniel M. Pope, Mayor
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Wesley D. Everett, Director of Facilities Management
APPROVED AS TO FORM:
Kelii Leisure, Assistant City Attorney
Contract 15083
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 2 tr day of January. 2020 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 dick -Hoofs Roofing CO. of Lubbock, Inc of the City of Lubbock County of
Lubbock and the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
,,performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
RFP 20-15083-MA New Roofing System for Fire Station #15
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Condition of Agreement. Lydick -Hooks Roofing Co. of Lubbock. Inc 's proposal dated
December 19 2019 is incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
Lydick -Hooks Roofing Co of Lubbock, Inc.
By;
PRINTED NAME:
TITLE• '�, °�
COMPLETE ADDRESS:
Lydick -Hooks Roofing Co. of Lubbock, Inc.
PO Box 2605
Lubbock, TX 79408
Corporate
CITY OF LUBBOC , T '" AS (OWNER):
By:
Daniel M. Pope, Mayor
ATTEST:
Garza, City
APPROVED AS TO
esley D. Everett, Diror of Facilities Management
APPROVED S TO FORM:
K Ili Leisure, Assistant City Attorney
Pal4e Intentionally Left Blank
CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
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CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY
This questionnaire reflects changes made to law by H.B. 23, 80' Leg., Regular Session
Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the
Office of the City Secretary's Office, Local government officers are also required to file when a conflict exists.
The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a
business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the vendor meets
the requirements under Section 176.006(a).
By law this questionnaire must be filed with the City Secretary's Clffice of the local governmental entity no later
than the 7"' 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 Menibers, 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. Men-ibers 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 13tb Street, Room 206
Lubbock, TX 79401
Questionnaire is available at littps://ci.lLibbock.tx,us/depai-tmeii.ts/pLirchisiiig/vendoi--iiiforiiiation
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CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
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Texas Government Code 2252.908
Disclosure of Interested Parties
Form 1295
House Bill 1295, adopted by the 84th Legislature, created §2252,908, Texas Governnlent 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
SUbiruts the signed contract to the govermnental entity or state agency.
§2252.908,71'exas 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 tinder 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 Forrn 1295 via the Texas Ethics Commission website. This requires
registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, signing
the form, and returning the lbrin to City of Lubbock Purchasing & Contract Management Department.
Once the tbrin, 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 forrn 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.
Forni 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed
instructions are located at: b ttLi_s_;//w ww. ethics. statetxus/whatsnew/el f info forin I 295.1itin
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of
Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit Lydick -Hooks Roofing Co. of Lubbock, Inc. who has agreed to perform the
work embraced in this contract, or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative Wesley D. Everett, Director of Facilities Management, so
designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or
inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors
or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise
the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror
for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
S. 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 terra Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s).
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last
business address known to the party who gives the notice.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless otherwise
specified, all materials shall be new and both workmanship and materials shall be of a good duality. The Contractor
shall, if required, funush 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 tern "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 duality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
The Contractor is responsible for construction layout based on the control provided in the construction documents.
All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project
Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by
these contract documents or the completion of the work contemplated by these contract documents. Whenever
necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and
grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced
by the Owner's Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative (as distinguished from Resident Project Representative(s))has the authority to review all work
included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be
necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine
the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and
shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide
every question which may arise relative to the execution of this contract on the part of said Contractor. The decision
of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's
Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project
Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work
done under this Agreement, and to see that said material is furnished and said work is done in accordance with the
specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate
engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall
regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed,
when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans
and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the work and
lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its comrnencement to completion, shall be under the exclusive charge and control of the Contractor
and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions, and all other matters which in any way affect the work under the contract
documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's
Representative either before or after the execution of this contract, shall affect or modify any of the terms or
obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications
and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and
Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
is. 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
corlipletion 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 tunes be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by
the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Contractor is responsible for construction duality 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 firrnish 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 bonne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner,
Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests,
or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements
of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such
work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action
contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see flit, 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 snake 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 conimnenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent to the firm actually performing the work, and
additional higher -tier markups limited to 5% to cover additional overhead and insurance
costs; or (2) the amount that would have been charged by a reasonable and prudent
Contractor as a reasonable and necessary cost for performance of the extra work, as
estimated by the Engineer and approved by the Owner..
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them
agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and
records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may
also specify in writing, before the work commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%,
unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated
General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment
shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid
to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not embraced within the actual field cost as herein
defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such
Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these
plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification
obtained before the proposals are received, and if no such notice is received by the Owner's Representative
prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to
be included and has provided sufficient sums in its proposal to complete the work in accordance with these
plans and specifications. If Contractor does not notify Owner's Representative before offering of any
discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are
sufficient and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a
requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed
that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed.
26. RIGHT. OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress
herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers'
Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the
safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state
and municipal laws and building and construction codes. All machinery and equipment and other physical hazards
shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The
Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer
and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims
and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated,
including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out
of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution
and/or supervision of this contract, and the project which is the subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners
or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as
reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety
precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas
and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or
any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of
insurance, required herein, including policies of insurance required to be provided by Contractor and its
subcontractors; shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights
to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of
any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity
with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall
cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or
separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE, THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE
CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF
COVERAGE' INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE
REQUIRED.
A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined
Single Limit in the aggregate and $1,000,000 per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
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 Linut 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 — NOT REQUIRED
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.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
govermnental 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.
The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project,
for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the govenir ental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom
they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the govenunental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the duration
of the project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self -insured, with the corntnission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor does
not remedy the breach within ten days after receipt of notice of breach from the governmental
entity.
F. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the proposal specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the goven-unenal
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
govenunental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project,
(g) post a notice on each project site infornung all persons providing services on the project
that they are required to be covered, and stating how a person may verify current coverage
and report failure to provide coverage. This notice does not satisfy other posting
requirements imposed by the Texas Worker's Compensation Act or other commission
rules. This notice must be printed with a title in at least 30-point bold type and text in at
least 19-point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following text
provided by the commission on the sample notice, without any additional words or
changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
in chides persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000
(wwmtdi.state. ix. us) to receive information of the legal requirements for coverage, to
verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage; " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will provide
services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's
Division of Self -Insurance Regulation. Providing false or
misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or
other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (1 S) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or forn, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and
employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising
out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men
and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance
of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor
shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save
the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof,
except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary,
if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor
shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative
prior to offering.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of
any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the
Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's
Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract
for changes in the work. In the absence of timely written notification to Owner's Representative of such variance
or variances within said time, any objection and/or assertion that the plans and specifications are at variance with
any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees
or subcontractors perfonn any work contrary to such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, Contractor shall bear all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though
embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fiilfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as
provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning
and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be
done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the
work embraced in this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may
withhold permanently from Contractor's total compensation, the sum of $250 PER CONSECUTIVE
CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth
for each and every working day that the Contractor shall be in default after the time stipulated for substantially
completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into consideration
the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is
fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would
sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is
a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be
not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work in such order of precedence, and in such manner as shall be most conductive to
economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business
day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in
the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor
received said determination in writing from the City. Further, when the Owner is having other work done, either by
contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative)
may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and
the construction of the various works being done for the Owner shall be harmonized. Additionally, inclement
weather shall be the only other reason consistent, daily prosecution of the work may not take place on those
inclement weather days.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules
which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor
will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly
agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work
has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other
contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the
public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting
forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20)
calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to
affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor
shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request
for extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workers, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which
event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be
paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material to
be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be
estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project, provided that the over
run or under run of estimated quantities32 note exceed 15% of the estimated quantity.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under this
agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for
any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting,
in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees
to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against
any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or
growing out of the perfonmance of this contract.
40. PRICE FOR WORK
In consideration of the fiu-nislung of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in Rill for firrnislung all materials and all labor required for the aforesaid work, also, for all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work.
Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative
with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work.
Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding
liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final
payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees,
which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said application for partial payment if submitted, and the
progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial
payment showing as completely as practical the total value of the work done by the Contractor up to and including
the last day of the preceding month. The detennination of the partial payment by the Owner's Representative shall
be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained
until final payment, and further, less all previous payments and all further sums that may be retained by Owner
under the terms of the contract documents.
Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent
standard retainage until actually incorporated into the project.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce
the express terms of the contract documents, and all remedies provided therein, as to any and all work perfortned,
to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment
is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the
issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the
work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
final completion, the Owner's Representative shall proceed to make final measurement to detennine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terns of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condenned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to
the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the
Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all
claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or
relating to such correction or removal.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of.
(a) Defective work not remedied and/or work not performed,
(b) Claims filed or reasonable evidence indicating possible filing of claims,
(c) Damage to another contractor,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner,
(g) Failure to provide Project photographs required by Specifications.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative,
said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the
Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance
by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver
of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by
Contractor.
48, NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered
to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further
notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit
therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under
paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
(a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be
deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the
sum which would have been payable under this contract, if the same had been completed by the Contractor,
then said Contractor shall receive the difference. In case such expense is greater than the sum which would
have been payable under this contract, if the same had been completed by said Contractor, then the
Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are provided in this contract. In case
of any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which would
have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited
therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall have
been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided
in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts,
certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his
Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be; shall pay the balance
due as reflected by said statement within 30 days after the date of certification of completion.
In the gvent the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when
the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then
all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the
Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and
his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any mariner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner
to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the
Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such
sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private
sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools,
materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if
applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph
shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies
hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law,
equity, contract or otherwise, including but not limited to, liquidated darnages, as provided in paragraph 34,
hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Goveriunent Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount
of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted
on fonns supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list
and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until
such bonds are so furiushed.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all tunes keep the premises free from accumulation of debris caused by the work, and at the
completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials
and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case
of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may
be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any
fonn, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project;
or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without
the written consent of the Owner's Representative, If Contractor believes that the utilization of a Hazardous
Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction
of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property
of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos,
Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior
to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever
requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of
Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the
receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for
the goods or services provided under the contract, the City will terminate the contract, without termination charge
or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current
year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30)
days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated
under this contract beyond the date of termination.
57. THE CITY RIGHT TO AUDIT
At any time during the tern of this Contract and for a period of four (4) years thereafter the City or a duly authorized
audit representative of the City, or the State of Texas, at its expense and at reasonable tinges, reserves the right to
audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit
by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct
such amounts owing the City from any payments due Contractor.
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The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
59. CONTRACTOR ACKNOWLEDGES
Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and
will be in full compliance with all terms and conditions and the descriptive material contained herein and any
additional associated documents and Amendments. The City disclaims any tenns and conditions provided by the
Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions
and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting
tenns shall be of no force or effect.
classify individuals performing work Linder a governmental contract will be penalized $200 for each individual that
has been rnisclassified (Texas Government Code Section 21 55MOI ),
60. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by Supplying ally Goods or Services that the Contractor has read, hilly understands, and
will be in full compliance with all terns and conditions and the descriptive rnaterial contained herein and ally
additional associated documents and Arnenchrients. Tile City disclaims any terms and conditions provided by the
Contractor unless agreed upon ill Writing by the parties, In the event of conflict between these terms and conditions
and any terms and conditions provided by the Contractor, the terns and conditions provided herein shall prevail. The
terms and conditions provided herein are the final terms agreed upon by tile parties, and any prior conflicting terns
shall be of no Force or effect.
61. HOUSE BILL 1295: DISCLOSURE OINTERESTED PARTIES
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code, Section 2252.908
requires a business entity entering into certain contracts with a governmental entity or state agency to file with the
governmental entity or state agency a disclosure of interested parties at the timetile business entity submits the signed
contract to the governmental entity or state agency. Section 2252.908 requires the disclosure forill to be signed by
the authorized agent ofthe contracting business entity, acknowledging that the disclosure is wade under oath and
Linder penalty of perjury. Section 2252,908 applies only to a contract that requires all action or vote by the governing
body of the governmental entity or state agency before the contract nay be signed or has a value Of at least $1
million. Instructions for completing Form 1295 are available at:
litti)s://ci.lLibboc�Lt,,� .at5Ld p iM i
a nell
62. TEXAS GOVERNMENTCODE SECTION 2,252.15
Tile Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is
not listed by theTexas Comptroller Linder Section 2252.153, Texas Government Code, as a company known to have
contracts with or provide Supplies Or Services to a foreign terrorist organization. As used in the inn-nediately preceding
sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas
Government Code,
63. HB 89
Section 2270.002, Government Code, (a)This section applies only to a contract that: (1) Is between a
governmental entity and a company with 10 or more full-time ernployces; and (2) has a value of $100,000 or more
that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not
enter into a contract with a. company for goods or services unless the contract contains a written verification frorn
the company that it: (I) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
64. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter 3, Chapter 552, Government Code, may apply to this contract and the
contractor or vendor agrees that thecontract can be terminated if the contractor or vendor knowingly or -
intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (I )
preserve all contracting information related to the contact as provided by the records retention requirements
applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmenta I body
any contracting information related to the contract that is in the custody or possession of the entity on request of the
governmental body; and (3) oil completion of the contract, either: (A) provide at no cost to the governmental body
a.11 contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve
the contracting information related to the contract as provided by the records retention requirements applicable to
the governmental body,
CITY OF LUBBOCK WAGE DETERMINATIONS
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EXHIBIT A
City of Lubbock
Building Construction
Prevailing Wage Rates
Craft Hourly Rate
Automatic Fire Sprinkle Fitter, Certified.
28.00
Block, Brick, and Stone Mason
23.00
Carpenters -Acoustical Ceiling Installation
16.00
Carpenter -Rough
13.00
Carpenter -All other work
16.50
Caulker/Sealers
12.00
Cement & Concrete Finishers
16.67
Commercial Truck Drivers
10.26
Crane & Heavy Equipment Operator
20.00
Door & Hardware Specialist ,
16.00
Drywall and Ceiling Tile Installers
16.00
Drywall Finishers & Tapers
12.00
Electrician
21.21
Floor Layers -Carpet and Resilient
18.00
Floor Layers -Specialty
18.00
Floor Layers -Wood
18.00
Glaziers
17.00
Heating, Air Conditioning & Refrigeration Svc. Tech
21.31
HVAC Mechanic Helper
13.62
HVAC Sheet metal Ductwork Installer
19.30
HVAC Sheet metal Ductwork Installer Helper
13.85
Insulation Workers -Mechanical
12.00
Irrigator -Landscape Certified
13.50
Laborer: Common or General
11.65
Laborer: Mason Tender -Brick
17.00
Laborer: Mason Tend er-C ernent/Concrete
16.92
Laborer: Roof Tear off
11.09
Roofer
17.44
Painters (Brush, Roller & Spray)
12.00
Paper Hanger
13.00
Pipe Fitters & Stearnfitters
24.10
Plaster, Stucco, Lather and EIFS Applicator
17.00
Plumber/Medical Gas Installer
22.83
Plumber Helper
14.20
EXHIBIT B
City of Lubbock
Heavy and Highway
Prevailing Wage Rates
Craft
Hourly Rate
Power Equipment Operator -Tower Crane
30.00
Hydraulic Crane Operators 60 tons & above
32.00
Operator Backhoe/Excavator/Truck hoe
20.25
Bobcat/Skid Steer/Skid Loader
15.22
Drill
16.00
Grader Blade
18.00
Loader
18.00
Mechanic
22.85
Paver (Asphalt, Aggregate, & Concrete)
17.00
Roller
15.00
Reinforcing Iron & Rebar Workers
14.33
Sheet Metal Workers, Excludes HVAC Duct Installation
21.38,
Structural Iron & Steel Workers/Metal Building Erector
15.00
Asphalt Distributor Operator
16.50
Asphalt Paving Machine Operator/Spreader Box Operator
18.75
Backhoe Operator
18.00
Cement Mason/Concrete Finishers (Paving Structures)
15.00
Crane Operator (Hydraulic)
25.00
Electrician
17.50
Laborer
13.50
Laborer, Common
15.64
Laborer, Utility
13.50
Crane, Lattice Boom 80 Tons or Less
30.00
Loader/Backhoe
18.00
Roller/Other
15.00
Welder Certified/Structural Steel Weld
25.00
EXHIBIT C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty flours per week) shall be as required by the Fair Labor
Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standard
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SPECIFICATIONS
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SCOPE OF WORK FS#15:
ROOF SECTIONS B & F: Work shall include application of asphalt primer to the existing modified bitumen roofing
system. Contractor shall remove any blisters or ridging in the existing roof membrane. Install new '/z" per 12" sloped
crickets as shown on roof plan and adhere specified %a" substrate board as specified. Fully adhere specified SBS modified
base sheet, and filly adhering one ply of Thermoplastic Evaloy sheet. Install new miscellaneous carpentry to the perimeter
roof details as specified to provide new substrate for flashing assembly as specified. Raise all mechanical equipment and
service lines to eight -inch (&") minimumm height above finished roof surface. Provide a twenty (20) year NDL
manufacturer's warranty with no exclusion for up to two-inch (2") diameter hail events, and two (2) year contractor's
warranty. Work shall also include all HVAC and electrical, piping disconnect and reconnection. Installation shall be as
per NCRA, SMACNA, ANSI/SPRI specifications, details and manufacturer's guidelines.
ROOF SECTIONS A, Cl, & C2: Work shall include application of dimensional wood framing and installation of
prefinished metal cap with flashings to cover the roofing area atop of the parapet wall. Any overflow scupper openings
shall be covered with prefinished metal to match the color of the existing wall finish.
Roof sections D & E are excluded from the scope of work for this project.
SPECIFIC NOTES:
1) Install new overflow scupper detail as specified.
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