HomeMy WebLinkAboutResolution - 2008-R0476 - Contract - Lydick-Hooks Roofing Company Inc. - Buddy Holly Center Roof Repair - 12/04/2008Resolution No. 2008-RO476
December 4, 2008
item No. 5.22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Construction Contract per RFP #08 -741 -DD
by and between the City of Lubbock and Lydick -Hooks Roofing Company, Inc., of
Lubbock, Texas, for repair of roof at the Buddy Holly Center, which Contract and any
associated documents are attached hereto and made a part of this Resolution for all
intents and purposes.
Passed by the City Council this 4th day of December , 2008.
TOM MARTIN, MAYOR
ATTEST:
Rebe caGarza, City SecrFtary
APPROVED AS TO CONTENT:
Mark earw
Assist nt City Manager/Chief Information Officer
APPROVED A�TO FORM:
Dori Vandiver, City Attorney
DDres/Lydiek-H ooksRoofing08ConRes
November 18.2008
I
City of Lubbock
PUBLIC WORKS CONTRACTING OFFICE
ROOM 204, MUNICIPAL BUILDING
1625 13'" STREET
LUBBOCK, TEXAS 79401
PH:(806)775-2168 FAX:(806)775-2164
littp:/,Ipurchasing.ci.lubbock.tx.us
DATE ISSUED:
OLD CLOSE DATE:
NEW CLOSE DATE:
RFP# 08-741-DD, Addendum # I
ADDENDUM # 1
RFP # 08-741-DD
Repair Roof Tiles
at
Buddy Holly Center
October 28, 2008
October 28, 2008 @ 1:00 P.M.
November 11, 2008 @ 1:00 P.M.
The following items take precedence over specifications for the above named Request for Proposals (RFP).
Where any item called for in the RFP documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. Due date is CHANGED from October 28, 2008 at 1:00 P.M. to November 11 2008 at 1.00 P.M.
2. Additional information and clarification is provided as follows:
• "The Roof Tile and Slate Company" 1209 Carroll Street, Carrollton, TX 75006 (800) 446-0220 or
(972) 446-0005. Carrolton TX is provided only as one example of where to obtain the salvaged
tile. It is a 2 -piece tile.
All requests for additional information or clarification must be submitted in writing and directed to:
Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806) 775-2164 or Email to cidos.,_ci`I��t
THANK YOU,
CITY OF ::•
&
Darlene Doss
Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall
be the offeror's res onsibility to advise the City of Lubbock Buyer if any language, requirements, etc., or
any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single
source Such notification must be submitted In writing and must be received by the Buyer no later than five
(5) business days prior to the proposal close date. A review of such notifications will be made.
RFP# 08-741-DDadI
CITY OF LUBBOCK
SPECIFICATIONS FOR
REPAIR ROOF TILES AT BUDDY HOLLY CENTER
RFP # 08-741-DD
Contract # 8730
Plans & Specifications may be obtained from
THE REPRODUCTION COMPANY
htW://pr.thereproductioncompanv.com/
Phone: (806) 763-7770
HOLLAND'S OFFICE TECHNOLOGIES
htt]2://www.hollandsoffice.com/
Phone: (806) 795-9560
"A City of Planned Progress"
CITY OF LUBBOCK
Lubbock, Texas
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CITY OF LUBBOCK
REQUEST FOR PROPOSALS
•7
TITLE:
REPAIR ROOF TILES AT BUDDY HOLLY CENTER
ADDRESS: LUBBOCK, TEXAS
RFP NUMBER: 08-741-DD
CONTRACT NUMBER: 8730
PROTECT NUMBER: 92144.8304.20000
CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE
Page Intentionally Left Blank
City of Lubbock, TX
Public Works Contracting Office
Contractor Checklist for
RFP # 08-741-DD
Before submitting your proposal, please ensure you have completed and included the following:
1. Carefully read and understand the plans and specifications and properly complete the
PROPOSAL SUBMITTAL form. Proposal Submittal form MUST be completed in blue or
black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand.
Amounts shall be written in both words and numerals and in the event of a discrepancy the
amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify
addenda received (if any). Include fmn's FEDERAL TAX ID number or Owner's SOCIAL
SECURITY number. Carefully read the BASIS OF PROPOSALS and SELECTION CRITERIA
in paragraph 32 of the General Instructions to Offeror's. Ensure ALL criteria are addressed in
E your submittal.
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Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety.
Failure to provide a proposal surety WILL result in automatic rejection of your proposal.
Clearly mark the proposal number, title, due date and time and your company name and address
on the outside of the envelope or container.
Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office
prior to the deadline. Late proposals will not be accepted.
Complete and submit the "CONTRACTOR'S STATEMENT OF QUALIFICATIONS".
Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
This must include the signature of the agent or broker. Contractor's signature must be original.
Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be
explained in detail and submitted with the questionnaire.
Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
Complete and submit the P--'-ZOPOSED LIST OF SUB -CONTRACTORS.
Li DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING:
5 Complete asld submit the FENVAL LIST OF SLTB-CONTPu4CTORS.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING
DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE
INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL.
Lydick -Hooks Roofing Co. of Lubbock, Inc.
(Type or Print Company Name)
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INDEX
NOTICE TO OFFERORS
GENERAL INSTRUCTIONS TO OFFERORS
TEXAS LOCAL GOVERNMENT CODE § 271.116
PROPOSAL SUBMITTAL — (must be submitted by published due date & time)
4-1. LUMP SUM PROPOSAL SUBMITTAL FORM
4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS
4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
4-4. SAFETY RECORD QUESTIONNAIRE
4-5. SUSPENSION AND DEBARMENT CERTIFICATION
4-6. PROPOSED LIST OF SUB -CONTRACTORS
POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days
after the close date when proposals are due)
5-1. FINAL LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
DAVIS-BACON WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
Pare Intentionally Left Blank
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NOTICE TO OFFERORS
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NOTICE TO OFFERORS
RFP # 08-741-DD
Sealed proposals addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the
Public Works Contracting Officer, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401,
until 1:00 on October 28, 2008 or as changed by the issuance of formal addenda to all planholders, to furnish
all labor and materials and perform all work for the construction of the following described project:
"REPAIR ROOF TILES AT BUDDY HOLLY CENTER"
After the expiration of the time and date above first written, said sealed proposals will be opened in the
office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the
proposer to ensure that his proposal is actually in the Public Works Contracting Office for the City of Lubbock,
before the expiration of the date above first written.
Proposals are due at October 28, 2008 and the City of Lubbock City Council will consider the proposals
on November 20, 2008 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as
may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The
successful proposer will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A"
or better.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the
total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all
necessary bonds (if required) within ten (10) business days after notice of award of the contract to him.
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.
It shall be each proposer's sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such
factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There
will be a non -mandatory pre -proposal conference on October 21, 2008 at 9:00 A.M., in the Municipal
Offerors may view the plans and specifications without charge at The Reproduction Company, 2102
Avenue Q, Lubbock, Texas 79405 or at http://pr.thereproductioncompany.com/ . ONE SET OF PLANS AND
SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE
REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Plans
and specifications may also be obtained from Holland's Office Technologies, 608 Highway 62/82, Wolfforth,
Texas, 79382 or at http://www.hollandsoffice.com/ . Phone: (806) 763-7770. Deposit Checks shall be made
._ PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good
condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be
obtained at the proposer's expense.
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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 Public Works Contracting 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 Public Works Contracting Office at (806) 775-2168 or write to Post Office r-11
Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
DARLENE DOSS
BUYER
1
GENERAL INSTRUCTIONS TO OFFERORS
Page Intentionally Left Blank
GENERAL INSTRUCTIONS TO OFFERORS
PROPOSAL DELIVERY TIME & DATE
The City of Lubbock is seeking written and sealed competitive proposals to furnish REPAIR ROOF
TILES AT BUDDY HOLLY CENTER per the attached specifications and contract documents. Sealed
proposals will be received no later than 1:00 P.M., October 28, 2008 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 # 08-741-DD, Repair Roof Tiles at Buddy Holly
Center" 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:
Darlene Doss, Buyer
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.1 Offerors are responsible for making certain proposals are delivered to the Public Works
Contracting 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 will be accepted in person, by United States Mail, by United Parcel Service, or by
1_ private courier service. No proposals will be accepted by oral communication, telephone,
electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT
ACCEPT FAX PROPOSALS.
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 meeting will be held at 9:00 A.M., October _21, 2008 in the
Municipal Building, Council Chambers, 1625-13"' Street, Lubbock, Texas. All persons
attending the meeting will be asked to identify themselves and the prospective proposer they
represent.
2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not
mandatory. The City will not be responsible for providing information discussed at the pre -
proposal meeting to offerors who do not attend the pre -proposal meeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information
available over the Internet at www.bia'sync.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 up blic
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 Public Works Contracting Office. At the request
." of the proposer, or in the event the Public Works Contracting Office deems the interpretation to
,
be substantive, the interpretation will be made by written addendum issued by the Public Works
Contracting Office. Such addenda issued by the Public Works Contracting Office will be -F
available over the Internet at www.bidsync.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 Public Works Contracting 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 amendment or interpretation that is not in writing.
Only information supplied by the City of Lubbock Public Works Contracting Office in writing or
in this RFP should be used in preparing proposal responses. All contacts that a proposer may
have had before or after receipt of this RFP with any individuals, employees, or representatives
-
of the City and any information that may have been read in any news media or seen or heard in
any communication facility regarding this proposal should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with
all requirements before submitting a proposal to ensure that their proposal meets the intent of
these specifications.
4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations
and examinations that are necessary to ascertain conditions and requirements affecting the
requirements of this Request for Proposals. Failure to make such investigations and
examinations shall not relieve the proposer from obligation to comply, in every detail, with all
provisions and requirements of the Request for Proposals.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract
documents, shall be given to the Buyer and a clarification obtained before the proposals are
received, and if no such notice is received by the Public Works Contracting Officer 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 Public
Works Contracting Officer 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
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submitted no later than five (5) calendar days prior to the opening of proposals.
5 PROPOSAL PREPARATION COSTS
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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 L
services or equipment.
5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer.
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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 The City of Lubbock will honor your notations of trade secrets and confidential information and
decline to release such information initially, but please note that the final determination of
whether a particular portion of your proposal is in fact a trade secret or commercial or financial
information that may be withheld from public inspection will be made by the Texas Attorney
General or a court of competent jurisdiction. In the event a public information request is
received for a portion of your proposal that you have marked as being confidential information,
you will be notified of such request and you will be required to justify your legal position in
writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In
the event that it is determined by opinion or order of the Texas Attorney General or a court of
competent jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code,
then such information will be made available to the requester.
6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the
Texas Open Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the
proposer is or may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective offerors are strongly encouraged to explore and implement methods for the utilization of
local resources, and to outline in their proposal submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Lubbock.
9.2 By signing and executing this proposal, the proposer certifies and represents to the City the
t` offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of
-= value for the receipt of special treatment, advantage, information, recipient's decision, opinion,
recommendation, vote or any other exercise of discretion concerning this proposal.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described
in the General Conditions.
hall be thoroughly familiar with all of the requirements set forth on the contract
10.2 All offerors s g y q
documents for the construction of this project and shall be responsible for the satisfactory
completion of all work contemplated by said contract documents.
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PLANS FOR USE BY OFFERORS r,
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 r
and prepare a proposal without charge or forfeiture of deposit. The contract documents may be _i
examined without charge as noted in the Notice to Offerors.
PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS F.1
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 Public Works Contracting Officer
if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits _)
the requirements stated in this RFP to a single source. Such notification must be submitted in
writing and must be received by the City of Public Works Contracting Office no later than five Ell
(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 Pi
REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION
CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN
WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE
PROPOSAL CLOSING DATE AND ADDRESSED TO:
PJ
Darlene Doss, Buyer
City of Lubbock
Public Works Contracting Office
1625 131" Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2164
Email: ddossr;mylubbock.us
Bidsync: www.bidsvnc.com
TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within
ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in
the Notice to Proceed issued by the City of Lubbock to the successful proposer.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing,
provided, however, the City reserves the right to require the Contractor to submit a progress
schedule of the work contemplated by the contract documents. In the event the City requires a
progress schedule to be submitted, and it is determined by the City that the progress of the work
is not in accordance with the progress schedule so submitted, the City may direct the Contractor
to take such action as the City deems necessary to ensure completion of the project within the
time specified.
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents.
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
$' to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no
claims pending, of which the Contractor has been notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and
grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some
detail will not relieve the Contractor of full responsibility for providing materials of high quality and for
protecting them adequately until incorporated into the project. The presence or absence of a
representative of the City on the site will not relieve the Contractor of full responsibility of complying
with this provision. The specifications for materials and methods set forth in the contract documents
provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory
project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed
against defective materials and workmanship. Prior to final acceptance, the Contractor shall
furnish to the Owner, a written general guarantee which shall provide that the Contractor shall
remedy any defects in the work, and pay for any and all damages of any nature whatsoever
resulting in such defects, when such defects appear within ONE year from date of final
acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner
(City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor
represents and warrants fault -free performance and fault -free result in the processing date and
date -related data (including, but not limited to calculating, comparing and sequencing) of all
hardware, software and firmware products delivered and services provided under this Contract,
individually or in combination, as the case may be from the effective date of this Contract. Also,
the Contractor warrants calculations will be recognized and accommodated and will not, in any
way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option,
may require the Contractor, at any time, to demonstrate the procedures it intends to follow in
order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its
sub -contractor or any third party involved in the creation or development of the products and
services to be delivered to the City of Lubbock under this Contract. Failure to comply with any
of the obligations contained herein, may result in the City of Lubbock availing itself of any of its
rights under the law and under this Contract including, but not limited to, its right pertaining to
termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in
this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation to the Contractor's liability which may be specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to ten sets of plans and specifications and
related contract documents for use during construction. Plans and specifications for use during
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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
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prosecution of the work contemplated by the Contractor.
PROTECTION OF THE WORK
3
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 i
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.
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.
PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents
in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility
lines, conduits or other underground structures which might or could be damaged by Contractor during
the construction of the project contemplated by these contract documents. The City of Lubbock agrees
that it will furnish Contractor the location of all such underground lines and utilities of which it has
knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned.
All such underground lines or structures cut or damaged by Contractor during the prosecution of the
work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the
City of Lubbock, Texas, at Contractor's expense.
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 unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of
explosives, the Contractor shall assume full responsibility for all damage, which may occur as a
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direct or indirect result of the blasting. In addition, in all cases where explosives are authorized
to be used, the Contractor shall use utmost care so as not to endanger life or property and the
Contractor shall further use only such methods as are currently utilized by persons, firms, or
corporations engaged in similar type of construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated
by this contract, it shall be the duty of the Contractor to notify each utility company having
structures (above or below the ground) in proximity to the site of the work of Contractor's
intention to use explosives, and such notice shall be given sufficiently in advance to enable the
companies to take such steps as they may deem necessary to protect their property from injury.
Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting
from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times
1.
while the work is in progress under this contract. The successful proposer shall be required to furnish
the name, address and telephone number where such local representative may be reached during the time
that the work contemplated by this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance
as required in the General Conditions of the contract documents, from an underwriter authorized
to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be
furnished to the City and written notice of cancellation or any material change will be provided
ten (10) days in advance of cancellation or change. All policies shall contain an agreement on
the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at
his sole cost and expense through the life of this contract, insurance protection as hereinafter
specified. Coverage in excess of that specified herein also shall be acceptable.. Such insurance
shall be carried with an insurance company authorized to transact business in the State of Texas
and shall cover all operations in connection with this contract, whether performed by the
Contractor or a subcontractor, or separate policies shall be provided covering the operation of
each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN
THE FORM OF A CERTIFICATE OF INSURANCE. THE .INSURANCE
CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A
PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION
IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE
CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR
PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE
INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE
FOR EACH SUBCONTRACTOR.
7
26
27
LABOR AND WORKING HOURS
26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per
diem wages included in these contract documents. The wage rate that must be paid on this
project shall not be less than specified in the schedule of general prevailing rates of per diem
wages as above mentioned. The proposer' attention is further directed to the requirements of
Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of
the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of
the schedule of general prevailing rate of per diem wages in the contract documents does not
release the Contractor from compliance with any wage law that may be applicable. Construction
work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the }
necessary service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the penalty provisions of the contract and Contractor can show Pill
he has made a diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the 1
Contractor must notify the Owner's Representative not less than three full working days prior to
the weekend or holiday he desires to do work and obtain written permission from the Owner's
Representative to do such work. The final decision on whether to allow construction work
requiring an inspector on weekends or holidays will be made by the Owner's Representative. FJJ
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.
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
engaged at the site of the work shall not later than the seventh day following the payment of wages, file
with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall
contain the name of each employee, his classification, the number of hours worked on each day, rate of
pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no
rebates or deductions (except as shown) have been made, or will in the future be made from the wages
paid as shown thereon. 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-
3
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
t�
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
i
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 proposer shall submit his proposal on forms furnished by the City. All blank spaces in the
form shall be correctly filled in and the proposer shall state the price both in words and numerals,
for which he intends to do the mork contemplated or furnish the materials required. Such prices
shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the
price written in words and the price written in figures, the price written in words shall govern.
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 begiven, and the
IP p Y IP
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:
28.3.1 Proposer's name
28.3.2 Proposal for (description of the project [proposal number and title)).
29.4
Proposal submittals may be withdrawn and resubmitted at any time before the time set for
opening of the proposals, but no proposal may be withdrawn or altered thereafter.
29.5
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.
30 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.
(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.
9
__;
i
31
32
(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. _t
QUALIFICATIONS OF OFFERORS
The proposer may be required before the award of any contract to show to the complete satisfaction of
the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the
service specified therein in a satisfactory manner. The proposer may also be required to give a past
history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The
City of Lubbock may make reasonable investigations deemed necessary and proper to determine the
ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all
information for this purpose that may be requested. The proposer's proposal may be deemed not to meet 3
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 FI
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. j
(e) The safety record of the Contractor and proposed Sub -Contractors
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list
of ALL similar municipal and similar non -municipal current and completed projects for the past three
(3) years for review. This list shall include the names of supervisors and type of equipment used to
perform work on these projects. In addition, the Contractor may be required to provide the name(s) of
supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock U
specifications herein.
BASIS OF PROPOSALS AND SELECTION CRITERIA
The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by
the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The
selection criteria used to evaluate each proposal will include the following: „J
32.1 70% Price. ,
32.2 20% Contractor qualifications. Complete and submit the "Contractor's Statement of
Qualifications". City shall have an opportunity to interview the job superintendent at a time to be
named after receipt of proposals.
32.3 5% Safety Record Questionnaire.
32.4 5% Construction time.
Li
10
a The estimated budget for the construction phase of this project is 140 000.
CA
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
.4 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 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 determining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
33.5 A proposal will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu
of the items specified, if the unit prices are obviously unbalanced (either in excess of or below
reasonably expected values), or irregularities of any kind. "
34. ANTI -LOBBYING PROVISION
L>
34.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT
AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL
NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE
LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -
SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS
REQUESTED BY THE CITY.
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 PREVAILING WAGE RATES
35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage
Rates, with respect to the payment of prevailing wage rates for the construction of a public work,
t 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
11
1'
worker is employed by the contractor or any subcontractor in the execution of the contract for the
project.
35.2 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.
35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to
and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the
U. S. Department of Labor web site at the following web address to obtain the rates to be used in
Lubbock County:-
htta://www.2yo.2ov/davisbacon/alistates.htmi
35.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the
web site for the type of work defined in the bid specifications.
35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay
to the City of Lubbock $60 for each worker employed for each calendar day or part of the day
that the worker is paid less than the wage rates stipulated in the contract.
12
1
TEXAS LOCAL GOVERNMENT CODE 4 271.116
SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES
THROUGH COMPETITIVE SEALED PROPOSALS
Pate Intentionally Left Blank
€gE#
f.
§ 271.116
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
(a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or
repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a
governmental entity shall follow the procedures prescribed by this section.
(a-1) In this section "facility" means an improvement to real property.
(b) The governmental entity shall select or designate an engineer or architect to prepare construction documents
for the project. The selected or designated engineer or architect has full responsibility for complying with
Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time
employee of the governmental entity, the governmental entity shall select the engineer or architect on the
basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
(c) The governmental entity shall provide or contract for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services necessary for
acceptance of the facility or project by the governmental entity. The governmental entity shall select those
services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify
them in the request for proposals.
(d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction
documents, selection 'criteria, estimated budget, project scope, schedule, and other information that
contractors may require to respond to the request. The governmental entity shall state in the request for
proposals the selection criteria that will be used in selecting the successful offeror.
(e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any
are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of
opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation
to the published selection criteria.
(f) The governmental entity shall select the offeror that offers the best value for the governmental entity based
on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt
to negotiate a contract with the selected offeror. The governmental entity 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 governmental entity is unable to negotiate a 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.
(g) In determining best value for the governmental entity, the governmental entity is not restricted to
considering price alone, but may consider any other factor stated in the selection criteria.
Paae Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
LUMP SUM PROPOSAL CONTRACT
DATE: e Wily 2C� I Zoo 3
PROJECT 14JU BER: # 08-741-DD - REPAIR ROOF TILES AT BUDDY HOLLY CENTER
Proposal of Lydick -Hooks Roofing Co. of Lubbock, Inc. (hereinafter called Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the construction of a Repair Roof Tiles at Buddy Holly
Center having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the
work required under the contract documents.
Construct "Repair Roof Tiles at Buddy Holly Center" per plans and specifications.
Twenty -Seven Thousand Seven Hundred Twelve Dollars
MATERIALS: and No/100----------------- --------------- $ 27,712.00
Fifty -One Thousand Two Hundred Thirty -Nine Dollars ,
LABOR: and No/100--------------------------------------- $ 51 239.00
Seventy -Eight Thousand Nine Hundred Fifty -One
TOTAL PROPOSAL: Dollars and No/100----------------------- _$ 78,951.00
(Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.)
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 ( 120 ) # Days Completed by Contractor
( ) Written Days Completed by Contractor CONSECUTIVE CALENDAR
DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to
Owner as Iiquidated damages the sum of $250.00 (TWO HUNDRED FIFTY) for each consecutive calendar day in
excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions
of the contract documents.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with
instruction number 29 of the General instructions to Offerors.
Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in
the proposing.
The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled
closing time for receiving proposals.
Offeror's Initials
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to
commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he
has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total
amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance
policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S A ) or a Proposal Bond in the sum of
id G Rt� 4 t�t4 QAtiC,Q b /�fi ---Dollars ($ SO o0.00 ), 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(a), 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.
(Seal if Offeror is a Coi-poration)
ATTT:
Se etary
Offeror acknowledges receipt of the following addenda:
Addenda No.
1- Date fl a 0$
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M/WBE Firm:
Randy Hooks
(Printed or Typed Name)
Lydick -Hooks Roofing Co. of Lubbock,
Company Inc.
P.O. Box 2605
Address
Lubbock
Lubbock
City,
County
Texas
79408
State
Zip Code
Telephone: 806 - 765-5577
Fax: 806 - 765-5581
FEDERAL TAX ID or SOCIAL SECURITY No.
75-0405113
Native American
Other (Svecifv)
2
r_
00
CITY OF LUBBOCK
CONTRACTOR'S STATEMENT OF QUALIFICATIONS
RFP # 08-741-DD
a REPAIR ROOF TILES AT BUDDY HOLLY CENTER
Candidates must complete each of the following items in order to be considered.
1. FIRM NAME: Lydick —Hooks Roofing Co. of Lubbock, Inc.
2. BUSINESS ADDRESS: 1924 Clovis Road
Lubbock, TX 79415
3. TELEPHONE, WITH AREA CODE: 806-765-5577
FAX, WITH AREA CODE: 806-765-5581
E MAIL ADDRESS: lydick—hooks@sbcglobal.net
INTERNET URL ADDRESS:
4.
TYPE OF ORGANIZATION: (CHECK ONE)
a. SOLE PROPRIETORSHIP ( )
-.
b. PARTNERSHIP ( )
c. CORPORATION (X )
d. JOINT VENTURE ( )
v...
5.
PRINCIPALS (P) AND ASSOCIATES (A):
(WRITE "P" OR "A" FOR EACH)
NAME P/A CERTIFICATE
` a.
Randy Hooks P BBA
DEGREE OR
INSTITUTION
Texas Tech
14 b. Jordan Wheatley A BA Texas Tech
C. Reed Hooks A BBA SMU
d.
x
e.
f.
CITY OF LUBBOCK
CONTRACTOR'S STATEMENT OF QUALIFICATIONS CONTINUED
6.
LIST 5 MAJOR PROJECTS
WITHIN
THE PAST THREE YEARS THAT ILLUSTRATE YOUR
EXPERIENCE WITH PROJECTS SIMILAR TO THE CITY'S.
PROJECT
OWNER
YEAR
COST
a.
Smiley Wilson Reroof
LISD
2008
$972,060.00
b.
Texas Tech -Doak Hall
Reroof
Texas Tech
2008
273,167.00
C.
Lubbock -Cooper Elem.
School
Lubbock -Cooper
ISD 2008
617,930.00
d.
Medical Office Bldg.
Reroof
TTUHSC
2008
333,060.00
e.
Holy Spirit Catholic
Church
Same
2007
318,705.00
7. REFERENCES:
(INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO THE ONE FOR
WHICH YOU ARE COMPETING)
NAME RELATIONSHIP PHONE NUMBER
a. Jeremy Brozo Project Manager 745-9450
b. Arnold Edwards Project Manager 742-3324
C. Brad Draper Specifier 781-0738
L4V, SUBMITTED BY:
re:
Date: Octobdr 28, 2008
Printed Name: Randy Hooks
Title: President
Firm Name: Lydick -Hooks Roofing Co. of Lubbock, Inc.
Tel #: 806-765-5577
Address: P.O. Box 2605
City: Lubbock, State: TX Zip: 79408
4VVa'VGL'417 AI;�J nrl W..VuwA ..Il y AIClll y uvn aco as v.y �. u. ... .. ..
Oct 28 08 03i42p 8087655581 p.2
a
CITY OF LUBBOCK
LNSURANCE REQUIREMENT AFFIDAVIT
' To Be Completed by Offeror and Agent
Must be submitted with 7'rupo ml
1, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been
reviewed by me with the below identified Insurance Ageut/Broker. if I am awarded this contract by the City of Lubbock,
! I will be able to, within teat (I O) business days after being notified of such award by the City of Lubbock, fiirnish a valid
insurance certificate to the City meeting all of the requirements defined in this proposal.
Randy Hooks
Contractor Original -SIgnit, re) Contractor (Print)
CONTItA.C'I'OR'S FDZ1Y1 N'AN1E: Lydick —Hooks Roofing Co. of Lubbock, Inc.
('Prim or Type)
A �
I CONTRACTOR'S FIRM ADDRESS: P.O. Box 2605
Lubbock, TX 79408
g LLP
Name of AgentBroker: �.Mc weary �,enry Bowles Troy
��
4
0 Address ofAgent/Broker; 12700 Park Central Drive '17th floor
City/State/Zip: 11,11rA.% TX 79951
Agent/Broker Telephone Number: ( 972 ) IJI -J.600
Date: 10/29/08
NOTE TO CONTRACTOR
[the
f the time requirement specified above is not met, the City Ims the �ht to reject this proposal and award the
contract to another contractor. If you have any questions concerning thew requirements, please contact Buyer for
City of Lubbock at (806) 775-Z168.
PROPOSAL N 06-741.DD - R$PAM ROOF TILLS AT BUDDY HOLLY CENTER
SAFETY RECORD QUESTIONNAIRE
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to
Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
offeror and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors • so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
three (3) questions and submit them with their proposals:
11 Am 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 NO X
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:
I J,
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed.
Offeror's Initials
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 C
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
ri
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death? U
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.
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 or omissions may cause my proposal to be rejected.
Signature I Randy 6oks
r esldetti
Title
2
4
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 SE'Y No.
Signature of Company
Tinted name of company official signing
Date Signed: 10/28/08
7D-0405113
L4,1
Randy Hooks
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
PROPOSED LIST OF SUB -CONTRACTORS
Company Name and City
Minority Owned
Yes or No
0 0
0 0
0 0
0 0
El 1:1
M,
L-j 0
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
No Text
POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Public Works Contracting Office
Not Later Than TWO BUSINESS DAYS after the close date when proposals are due.
FINAL LIST OF SUB -CONTRACTORS
Page Intentionally Left Blank
1.
2.
3.
4.
5.
6.
7.
8.
9.
c-A 10.
11
12
13
14
15
16
L
FINAL LIST OF SUB -CONTRACTORS
Company Name and City
Minority Owned
Yes or No
F-1
El ❑
❑ ❑
11 01
❑
El F]
F] El
❑ ❑
❑ ❑
�l El
P Fj
❑ ❑
THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS
DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
Page Intentionally Left Blank
I
PAYMENT BOND
Page Intentionally Left Blank
POA #: 4221012
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Wm. E. Murfee, Sr., Win. E. Murfee, Jr., Lance Murfee, Joan Carnes
its true and lawfiil Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety, providing the bond penalty does not exceed
Two Million Five Hundred Thousand Dollars and no/100 ($2,500,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/10 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
He it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)4n-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2dh of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 28th day of October, A.D. 2008.
SURETEC INS CE COMPANY
� > By:
u j B.J. Ki lesident
State of Texas ss:
County of Harris '` 1....• ' ._
On this 28h day of October, 2008 before me personally came H.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides
in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;
that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of
Directors of said Company; and that be signed his name thereto by like order.
Michelle Denny
. Nutwy Pubpa
State at Texas � b h
EgAt" V. sota
Michelle Denny, Notary P lic
My commission expires August 27, 2012
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthennore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 8 Lh day of De e emb e A 20 08 , A.D.
M. Brent eaty, Assis ant Secretary
Any instrument issued In excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
No Text
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
Lydick -Hooks Roofing Company
KNOW ALL MEN BY THESE PRESENTS, that of Lubbock, Inc. (hereinafter called the Principal(s),
as Princi p Oal s, and SureTec Insurance Company, Houston, Tezlas
(hereinafter called the SuretysgeiSty�s�, ,rehekhi and firmldy bound unto the City of Lubbock (hereinafter called the
Itreous an
Obligee), in the amount of nine Dollars ($ 7 8, 9 51.0)Olawful money of the
United States for the payment whereof, the sai 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 4 tth day of
December , 2008, to Repair roof tiles at Buddy Ho11)z Center,P_r_o:p9a1._4OS-741-DD
for the City of Lubbock Texas.
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond
in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
Stli day of December 2008.
LYDICK-HOOKS ROOFING CO #zPANY
OF LUBBOCK, INC.
STTT RTEC' INSURANCE COYMANY �
Surety (Company Name)
�,�,t Q B Randy H oks
By: ,�
(Title) wm. E . Ylur f ee , 'r . ( '..- e .'ame)
Attorney -In -Fact
Ilk k'
(Signat re)
President
(Title)
i
E
n
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates 14m. E . 11u--�ee , S'Un 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.
SURETEC INSURANCE COPIPA1i.
Surety
,----
* By: _ tits
itle) Attorney -in -Fact ,
Approved as to form:
City of Lubbock
By. /Z/� ag �Y -
City Attorn
F-11
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
2
t
f
CERTIFICATE OF INSURANCE
Pap-e Intentionally Left Blank
r
9
IN
u
e
N
I
C
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is,
at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for
the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
Commercial General Liability
General Aggregate $
Claims Made
Products-Comp/Op AGG $
Occurrence
Personal & Adv. Injury $
Owner's & Contractors Protective
Each Occurrence $
Fire Damage (Any one Fire) $
Med Exp (Any one Person)
$
AUTOMOTIVE LIABILITY
Any Auto
Combined Single Limit $
All Owned Autos
Bodily Injury (Per Person) $
Scheduled Autos
Bodily Injury (Per Accident) S
Hired Autos
Property Damage $
Non -Owned Autos
GARAGE LIABILITY
Any Auto
Auto Only - Each Accident $
Other than Auto Only:
Each Accident $
Aggregate $
BUILDER'S RISK
100% of the Total Contract Price
$
LNSTALLATION FLOATER
$
EXCESS LIABILITY
Umbrella Form
Each Occurrence $
Aggregate $
Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ Included
Statutory Limits
Partners/Executive Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
Title:
The Insurance Certificates furnished shall name the City of Lubbock as a Primary Additional Insured on General
a
Liability and provide a Waiver of Subrogation on all policies in favor of the City of Lubbock.
ACORD CERTIFICATE OF LIABILITY INSURANCE
TM
DATE(MM/DDnYYY)
12/10/2008
PRODUCER Phone: 972/770-1600 Fax: 972/770-1699
McQueary Henry Bowles Troy, LLP
1 2700 Park Central Drive
1270 Floor
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75251-0470
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Lydick Hooks Roofing Co of Lubbock Inc
P O Box 2605
INSURER A:EMCASCO Insurance Comarry
21407
INSURER B:Em 1over s Mut Cas Co
21415
Lubbock TX 79408
INSURERC:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
TYPEOFINSURANCE
POLICYNUMBER
POLICY EFFECTIVE I POLICY EXPIRATION
DATE M D DATE(MMIDDNYI
LIMITS
A
GENERAL LIABILITY
2D0001309
1/1/2008 11/1/2009
EACH OCCURRENCE
$ 1 00O 000
_
PREMISES Ea occuren�
$10 O 0 0 0
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE VIOCCUR
MED EXP (Any one person)
$ 5 000
PERSONAL& ADV INJURY
$ 1 000 000
X $1 000 PD Ded
(
GENERAL AGGREGATE
$ 2 0 0 0 0 0 0
GEN'LAGGREGATELIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2 000 0 00
POLICY X PE OT X LOC
A
AUTOMOBILE
LIABILITY
2N0001309
1/1/2008 1/1/2009
COMBINED SINGLE LIMIT
X
ANY AUTO
(Ea accident)
$ 1, 000, 000
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY
$
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(Per accident)
GARAGELIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHERTHAN EAACC
$
ANYAUTO
$
AUTO ONLY: AGG
B
EXCESS/UMBRELLALIABILITY
2V0001309
1/1/2008 1/1/2009
EACH OCCURRENCE
$ 5 00 0000
X OCCUR CLAIMS MADE
AGGREGATE
$ 5 0 0 0 0 0 0
$
$
IDEDUCTIBLE
$
X RETENTION $1 0 0 0 0
B
WORKERS COMPENSATION AND
2L0001309
1/1/2008 1/1/2009
X T RYLIMITS OER
E.L. EACH ACCIDENT
$ 1 0 0 0 O 0 O
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
EMPLOYEE
E.L. DISEASE - EA EMPLOY
$ 1 000,000
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L DISEASE - POLICY LIMIT
$ 1 0 0 0 0 Q 0
B
OTHER
2Z0001309
1/1/2008 1/1/2009
Any Job Site $1,000,000
Installation Floater -
Transit $25,000
All Risk subject to
Temporary Locs $25,000
policy terms & conditions
Deductible $1,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate Holder is named as Additional Insured under the General Liability (CG7193.1), Automobile Liability
(CA0403), Umbrella Liability (Follow Form) and provided a Waiver of Subrogation under General Liability (CG7555),
utomobile Liability (CA7218), Workers Compensation (WC420304A) & Umbrella Liability (Follow Form) but only to the
that the limits and forms are required to satisfy the terms of a written contract. General Liability coverage
,extent
s Primary & Non -Contributory. Thirty day notice of cancellation except ten day for non-payment of premium.
Certificate Holder Includes: City of Lubbock, its officers, agents and employees
Continued...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
City Of Lubbock
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
PO Box 2000, Room 204
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Lubbock TX 79457
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
,,3.if
ACORD 25 (2001/08) OACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS / SPECIAL PROVISIONS
RE: Repair Roof - Tiles at Buddy Holly Center
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 govermmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON
THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements for all of its employees providing services on the project, for
the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
H contractually require each other person with whom it contracts to L! ( ) Y q P , perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they t
are providing services. )
1
CONTRACT
Pap-e Intentionally Left Blank
CONTRACT # 8730
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 41h day of December, 2008 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 ROOFING CO. OF LUBBOCK, TX 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
m' 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:
PROPOSAL # 08-741-DD - REPAIR ROOF TILES AT BUDDY HOLLY CENTER - $78,951
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, TX's proposal
dated NOVEMBER 11, 2008 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.
h s 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: }� ° lCITY OF LUBBOCK, TEXAS (OWNER):
C�1(�t_ . C_, !ykC . C� �l0C�j By: ZD"-t-
MAYOR
By: �`
PRINTED
TITLE:
COMPLETE ADDRESS:
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
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, TX who has agreed to
perform the work embraced in this contract, or their legal representative.
3. 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 FACILITIES
MANAGEMENT, so designated who will inspect constructions; or to such other representatives, supervisors,
architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this
agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to
Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s).
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
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CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
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.
KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished whenever Owner's Representative 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 c,icnand itc 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 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 the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
consistent with the obligations of this Agreement and accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision
by competent and reasonable representatives of the Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
` work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
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IN
20.
21.
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 1__i
work, shall be sustained and borne by the Contractor at its own cost and expense.
CHARACTER OF WORKERS rJ
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, P,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's P
Representative's written consent.
CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at
Owner's Representative shall consent or direct, and the sanitary conditions of the ground
SANITATION
s
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.
OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any
location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation
that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each
part of the work 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 through oversight or otherwise. If any such work should be covered without approval or
consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at
Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
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If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
_x methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
25.
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been
charged by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind 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.
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.
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 such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its 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.
1..= 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.
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PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO
THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
A.
C.
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E.
F.
Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation
required)
The contractor shall have Comprehensive General Liability Insurance with limits of 500 000 Combined
Single Limit in the aggregate and per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED
Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, 1222,,000 Combined Single Limit, to include all owned
and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles.
Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED
Umbrella Liability Insurance - NOT REQUIRED
Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) H
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.
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. 1
Duration of the project - includes the time from the beginning of the work on the project until the 1
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
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limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
furnishes to
operators, employees of any such entity, or employees of any entity which persons
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
u
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
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showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
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6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
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delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
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
i
on the project, to:
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(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;
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(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 k,
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; Pill
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the govermnental 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.
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.
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(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the proposal specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling
of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30-point bold type
and text in at least 19-point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
. 3 REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee."
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(h)
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-
4000 (1 .tdi.state.mus) to receive information of the legal requirements for
coverage, to verify whether your employer has.provided the required coverage, or to
report at: employer's failure to provide coverage, " and
contractually require each person with whom it contracts to provide services on a project,
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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 t
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. f -
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 f
(viii) contractually require each other person with whom it contracts, to perforni as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services.
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DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its 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.
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 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.
LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless
the Owner, and all of its 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 perform any work contrary to such laws, ordinances, rules and regulations, and without such notice
to the Owner's Representative, Contractor shall bear all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
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enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, ri
as provided by the contract documents.
TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
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 TWO HUNDRED FIFTY
PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each
and every working day that the Contractor shall be in default after the time stipulated for substantially completing
the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. I
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
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expressly agreed to be not disproportionate to actual damages as measured at time of breach. iY
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner i
as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution I i
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the proposal; provided,
also, that when the Owner is having other work done, either by contract or by its own force, the Owner's
Representative may direct the time and manner of constructing work done under this contract so that conflicts will
be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
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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 twenty (20) calendar days of written submission by Contractor shall
be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for
extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
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
Y' 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
.p 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,
v
payment shall be for the actual amount of work done and materials furnished on the project.
._, 39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in an wa
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encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
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40.
41
42.
PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
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.
PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall
determine the amount to be partially paid. Owner's Representative shall review said application for partial
payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall
prepare a certificate for partial payment showing as completely as practical the total value of the work done by the
Contractor up to and including the last day of the preceding month. The determination of the partial payment by
the Owner's Representative shall be in accordance with Paragraph 14 hereof. VN
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (3 1 )
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.
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44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of
t ' final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the tenns of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty
or warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
a 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-
t
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
u 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
3 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,
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and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
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 men and use of machinery, equipment, tools, materials' and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense. so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
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 hereinbeove 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.
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In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or
when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and
the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
: notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor
and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be -limited to, and Owner shall be liable only for, work actually
{ - performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
j 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, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
t,
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
-- shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
# work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
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56.
--
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. -'
INDEPENDENT CONTRACTOR
f
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 F
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
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 tirne to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
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 Ll
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. J
NON -APPROPRIATION
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 r
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 LJ
20
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or
when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner,
then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and
the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor
and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said
notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public
or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor
or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
w in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
t_
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, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the
amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall
be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do
business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so
furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then. in such event. the special conditions
shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
I work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
19
53
54.
55
56
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.
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.
CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
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 r
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 l
petroleum products or byproducts and/or asbestos. A
NON -APPROPRIATION
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 11
for the goods or services provided under the contract, the City will terminate the contract, without tennination
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 J
20
N
I
DAVIS-BACON WAGE DETERMINATIONS
Pase Intentionally Left Blank
BRICKLAYER .......................$ 11.74
GLAZIER ..........................$ 9.50
LABORER: Mason Tender ........... $ 6.55
LABORER ..........................$ 6.55
LATHER ...........................$ 11.17
PAINTER ..........................$ 10.50
PLASTERER ........................$ 11.17
Power equipment operators:
Backhoe.....................$ 10.50 .42
ROOFER, Including Built Up,
Composition and Single Ply
Roofs ............................$ 9.71
Sheet metal worker (Including
duct work) .......................$ 8.80 .69
WELDERS - Receive rate prescribed for the craft performing
operation to which welding is incidental.
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be.
* an existing published wage determination
x a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
SE0EQAT DECISION: T]C20080015 07/25/2008 TXI5
Date; Jolv 25, 2008
General Decision Number: T2C20080015 07/25/2008
^ Superseded General Decisibo Number: TX20070015
\ | State: Texas
Construction Type: Building
\ � County: Lubbock County in Texas.
L}
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
| | up to and including 4 stories). (Use current heavy a highway
general wage determination for Paving a Utilities Incidental to
Building Construction).
/|
Modification Number Publication Date
0 02/08/2008
l I 03/28/2008
2 04/II/2008
5 06/06/2008
4 07/25/2008
CARPI884-001 05/0I/2008
Rates Fringes
CARPENTER ........................ $ 19.58 4.90
MILLWRIGHT ....................... $ 20.08 4'96
________________________________________________________________
ELCC0602-002 06/01/2008
Rates Fringes
ELEI"-'TDICZAN...................... $ 18.53 7.37
---------------------------------- -----------------------------
PLUM0629-001 06/0I/2008
Rates Fringes
PLUMBER .......................... $ 19.20 6.55
----------------------------------------------------------------
SrrX0589-00I 04/01/2008
Rates Fringes
S�jITN�i K T E8 FITTER (Fire
s��Lo�l*co>.....,........`.......�
___--___-_--_-_____--_---_-__-__--__-___-__-__-__---_--_-__--__-
^ SUTX1992-001 03/I6/I992
Rates Fringes
Acoustical Ceiling and
Drywall Mechanic ................. $ 10'00 .25
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
1 contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.1 If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
EXHIBIT B
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
Grimes & Associates Buddy Holly Center City of Lubbock
Consuhing Engincers, LP Historic Roof Restoration Lubbock, Texas
5.2. Material Storage: Materials shall not be stored on roof decks in such a manner as to overstress and/or damage
the deck and supporting structure. Placing of loads at midspans of framing shall be avoided. Superimposed
loads shall be well distributed.
5.3. Units of Work: Units of work shall be established, including removal of existing materials, preparation of
existing surfaces and application of underlayment and nailers, and related temporary and/or permanent flashing
so that it can be completed prior to the end of each working day.
5.4. Temporary Protection Materials: Materials shall be provided and maintained on the site at all times for
temporary roofing, flashing, and other protection when delays and/or changed weatherconditions do not permit
completion of each unit of work prior to the end of each working day. Materials which have been used for
temporary roofing, flashing and wherprotection shall be removed and discarded.
5-5. Warranty: A material and labor warranty shall be furnished against defects in material and workmanship that
affect the appearance, leak resistance and attachment ofclay tile roofassembly, including related metal flashing
for a period of 10 years from date of final acceptance of the work. Warranty shall also cover the blow -off at
wind gusts up to, and including 85 mph.
PART 2 - PRODUCTS
6. MATERIALS
6.1. Existing Clay Tile: Intact and serviceable existing clay tiles shall be salvaged and reused whenever possible.
New clay tiles being incorporated into existing clay the roofs shall match existing as closely as possible. Clay'
tiles from the same manufacturer as the original shall be used if possible.
6.2. Clay Roofing Tile: Clay roofing tile shall be minimum Grade 1 the conforming to ASTM C 1167. Tile shall
be two-piece barrel type of the same manufacwrer as the original material in the following pattern:
6.2.L Match Existing pattern and spacing.
6.3. Tile Finish:
6.3.1. Match existing.
6.4. Colors: Clay file color shall be:
6.4.1. Match existing color including range and blend.
6.5. Fittings: Clay Ile fittings shall be of the following types as required by manufacturer's instructions:
6.5 _l . Eave — cave closure and bird stops.
6.5.2. Cable —end bands and gable rakes
9
6.5.3. Ridge —ridge and closed ridge ends, ridge/hip terminals.
6.5.4. Hip — cut hip, hip rol 1, hip starter, and ridge/hip terminal.
t
6.5.5. Valley — closed valley.
6.6. Underlayment Membrane: An underlayment membrane shall be famished on surfaces to be covered with tile.
Membrane shall consist of
6.6.1. Asphalt -saturated felt, 2 layers of Type 11, No. 30 asphalt felt in accordance with ASTM D 226.
6.7. Fasteners:
6.7.1. Nails: Nails shall be solid copper, Number I I gauge nails, minimum 5/16 inch (8 mm) head. Nails shall
6
be of sufficient length to adequately penetrate the roof sheathing.
6.7.2. Miscellaneous Fasteners: Miscellaneous fasteners may include but are not limited to: wind locks,
hurricane clips, tile attachment brackets, file nails, twisted wire (tile -tie), deck anchor systems, and
flashing cleats. Fasteners shall be made of solid copper (wind locks and hurricane clips can be made of
stainless steel).
6.8. Flashing: Flashing shall be 20 ounce (0.57 kg), light cold -rolled temper (H00) copper conforming to ASTM B
370, Like metals shall be used on all components of fastening systems and flashing in order to avoid galvanic
action.
6.9. Plastic Cement: Plastic cement for gable rakes, hip rolls, ridges, stringers and other conditions shall be non -
running, heavy body plastic cement composed of ingredients complying with ASTMN D 4596.
6. i0. Sealant: Sealant, when used in lieu of plastic cement, shall be silicone in accordance with ASTM C 1184.
6.: I. Mortar: Mortar for filling the openings of cut valley ties shall consist of i pan Portiand cement to 3 pans
damp plaster sand, and shall be colored to the nearest possible match with the color of the tile. Verify mortar
color with Architect prior to installation.
6.12. Wood Strips: Wood strips for nailers, battens, cant strips, and cave strips shall be of foundation grade
-
redwood or preservative treated Douglas fir. Sizes and lengths shall be provided per the manufacturer's
installation details.
07320-2
i
t Grimes At Associates Buddy y Holl Center City of Lubbock Consulting Engineers, I,P Historic Roof Restoration Lubbock, Texas
SECTION 07320—CLAY TiLE ROOFING
PARTi-GENERAL
I. REFERENCES
1.1. ASTM International (ASTM)
1.1.1. ASTM B 370 (2003) Standard Specification for Copper Sheet and Strip for Building Construction.
1.1.2. ASTM C 1167 (2003) Standard Specification for Clay Roof Tiles.
1.1.3. ASTM C It 84 (2005) Standard Specification for Structural Silicone Sealants.
1.1.4. ASTM D 146 (2004) Sampling and Testing Bitumen -Saturated Felts and Woven Fabrics for Roofing and
Waterproofing.
1.1.5. ASTM D 226 (2006) Standard Specification for Asphalt -Saturated Organic Felt Used in Roofing and
Waterproofing.
1.1,6. ASTM D 412 (2006a) Standard Test Methods for Vulcanized Rubber and Thermoplastic Elastomers—
Tension.
1.1.7. ASTM D 4586 (2007) Asphalt Roof Cement, Asbestos -Free.
1.2. National Roofing Contractors Association (NRCA)
1.2.1. NRCA 0405 (2001; R 2003, 5th Ed) Roofing and Waterproofing Manual.
1.3. Sheet Metal and Air Conditioning Contractors' National Association (SMACNA)
13.1. SMACNA Architectural Manual (2006) Architectural Sheet Metal Manual.
2. SUBY1l7TALS
2.1. Shop Drawings:
2.1.1. Clay Tile Roofing Systems: Drawings showing clay the installation and appearance details, flashing
details, and fastening details for the tiles.
2.2. Product Data:
2.2.1. Clay Tile Roofing Systems: Manufacturer's catalog data and installation instructions.
2.3. Qualifications:
2.3.1. Documentation showing qualifications of personnel proposed to perform the rooting work, and a listing
identifying prior installations completed by the Contractor.
2.4. Samples.
2.4.1. Clay Roofing Tile: One representative the of each type.
2.4.2. Sealant: S ounces (237 mL) of each type.
2.4.3. Underlayrnent Membrane: I x I foot (300 x 300 mm) section of each type.
2.4.4. Fasteners: Representative samples of each fastener with identifying tags.
2.4.5. Certificates:
2.4.5.1. Materials: Certificates ofcompliance attesting that the materials meet specification requirements.
3. OL ALi FICATIONS
3.1 _ T'he Contractor shall provide qualified workers, trained and experienced in installing clay tile roofing systems
of this configuration, and shall submit documentation of 5 consecutive years of work of this type. The
Contractor shall be familiar with and shall perform work in accordance with SMACNA Architectural Manual.
A list of installations shall be provided which identifies when, where, and for whom the installations were
[trade.
4. DELIVERY, STORAGE AND HANDLING
4.1. Materials shall be delivered in manufacturer's unopened bundles and containers with the manufacturer's brand
and name marked clearly thereon. Tiles shall be stored in accordance with manufacturer's printed instructions.
Re I goods shall be stored on end in an upright position. immediately before laying, roofing felt shall be stored
for 24 hours in an area maintained at a temperature not lower than 50 degrees F (10 degrees C).
5. PROJECT/SITE CONDITIONS
r , 5.1. Environmental Requirements: Clay the roofing work shall proceed when existing and forecasted weather
conditions permit work to be preformed in accordance with manufacturer's recommendations and warranty
requirements.
�r
i
07320-1
Grimes & ,Associates
Consulting Engineers. LP
PART 3 - EXECUTION
Buddy Holly Center
Historic Roof Restoration
City of Lubbock
Lubbock. Texas
S. FRAMING
8.1. Make provisions for erection loads, and for sufficient temporary bracing to maintain structure safe, plumb,
and in true alignment until completion of erection and installation of permanent bracing.
9.2. Place horizontal members, crown side up.
9.3. Construct load bearing framing and curb members full length without splices.
8.4. Coordinate installation of wood decking, with other work to be installed within this area.
8.5. Curb roof openings. Form comers by alternating lapping side members.
8.6. Coordinate curb installation with installation of decking and support of deck openings, roofing vapor
retardant, parapet construction, and roofing tiles.
9. SHEATHING
9.1. Secure roof sheathing with longer edge perpendicular to framing members and with ends staggered and
sheet ends over bearing,
9.2. Provide solid edge blocking between sheets.
9.3. Install plywood to simple span.
10. SITE APPLIED WOOD TREATMENT
10.1. Apply preservative treatment in accordance with manufacturer`s instructions.
10.2. Brush apply two coats of preservative treatment on wood in contact with roofing and related metal
flashings. Treat site -sawn cuts.
10.3. Allow preservative to dry prior to erecting members.
END OF SECIION 06112
06112-2
S,
Grimes & Associates Buddy Holly Center City of Lubbock
Consulting Engineers, LP Historic Roof Restoration Lubbock, Texas
SECTION 06112 - FRAMING AND SHEATHING
PART 1 - GENERAL
1. SECTION INCLUDES
Preservative treatment of wood.
!Miscellaneous framing and sheathing.
2. REFERENCES
2.1. AHA (American Hardboard Association) A 135.4 - Basic Hardboard.
2.2. ALSC (.American Lumber Standards Committee) - Softwood Lumber Standards.
2.3. ANSI A208.1 - Mat -Formed Wood Particleboard,
2.4. APA (American Plywood Association).
2.5. AWPA (American Wood Preservers Association) Cl - All Timber Products - Preservative Treatment by
Pressure Process.
2.6. AWPA (American Wood Preservers Association) C20 - Structural Lumber Fire Retardant Treatment by
Pressure Process.
2.7, NFPA (National Forest Products Association).
2.8. RIS (Redwood Inspection Service).
2.9. SPIB (Southern Pine Inspection Bureau).
2.10. WCLIB ( West Coast Lumber Inspection Bureau),
2.11. WWPA (Western Wood Products Association).
3. SUBMITTALS
301. Product Data: Provide technical data on insulated sheathing, wood preservative materials, and application
instructions.
4. QUALITY ASSURANCE
4.1. Perform Work in accordance withthe following agencies:
Lumber Grading Agency: Certified by ALSC.
Plywood Grading Agency: Certified by APA.
4.2. In lieu of grade stamping exposed to view lumber and plywood, submit manufacturer's certificate certifying
that products meet or exceed specified requirements.
4.3. Design structural site and,'or shop fabricated trusses under direct supervision of a Professional Structural
Engineer experienced in design oFthis Work and licensed in the State of the Project_
PART 2-PRODUCTS
5. SHEATHING MATERIALS
5.1. Roof Sheathing: 7/16 inch Oriented Strand Board (OSB); APA Rated Sheathing; Structural I — Roof
Sheathing 2R (with edge support blocking); Span Rating 24/16; Semi -Exterior Exposure Durability 1;
standard surface finish.
6. SHEATHING AND UNDERLAYMENT LOCATIONS
6.1. Sloped Roof Sheathing: 1/2 inch (12 mm) thick, 48 x 96 inch (1 200 x 2 400 mm) sized sheets, square
edges, preservative treated.
7. ACCESSORIES
7.1. Fasteners and Anchors:
7.1.1. Fasteners: Hot dipped galvanized steel for high humidity and treated wood locations, unfinished
steel elsewhere.
7.2. Die Stamped Connectors: s:ze as recommended by manufacturer for application, her dipped galvanized
steel.
7.3. Structural Framing Connectors: Hot dipped galvanized steel, sized to suit framing conditions, as
manufactured by Simpson Strong -ties or approved equal.
7.4. Building Paper: No. IS asphalt felt.
06112-1
Grimes & Associates Buddy Holly Center City of Lubbock
Consulting Enginccm LP Historic Roof Restoration Lubbock, Texas
8.2.1. Perimeters of frames of doors, windows, access panels and the like which adjoin exposed interior
concrete and masonry surfaces, except where sealing compound is specified.
END OF SECTION 07920
�ED :.q,4`'
,.
r� OFF fr,f
07920-2
1
i
Grimes & Associates Buddy Holly Center City of Lubbock
Consuiting Enginecrs, LP Historic Roof Restoration Lubbock, Texas
SECTION 07920 - SEALANTS AND CAULKING
PARTI-GENERAL
1- DESCRIPTION
I. I . This section describes the material and application of sealants and caulking compounds.
7— SUBMITTALS
2.1. Provide manufacturer's literature and data on all caulking and sealing compounds.
3. PACKAGING AND MARKING
3.1. Materials shall be delivered to the job site in the manufacturers original unopened containers, with brand
names, date or manufacture, shelf life, and material designation clearly marked thereon.
4. HANDLING AND STORAGE
4.1. All materials shall be carefully handled and stored to prevent inclusion of foreign materials, or subjection
to sustained temperatures exceeding 90 degrees or less 40 degrees F.
& ENVIRONMENTAL CONDITIONS
5.1. Apply the sealants and caulking only when the ambient temperature is between 40 and 90 degrees F.
6. GUARANTEE
W I . Guarantee exterior caulking and sealing against leaks for two-year period.
PART2 - PRODUCTS
7. SEALING COMPOUNDS (FOR GENERAL EXTERIOR APPLICATTIQ,'KSt
7.1. Fed Spec. TT-S-00227, Type I and Type 11, Class B or Fed. Spec. IT-S-00230, Type I and Type [I, Class
B.
7.2. Back -Up Materials: Closed cell neoprene, butyl, polyurethane, vinyl, or polyethylene rod, diameter
approximately I-1l3 times the joint width.
7.3. Color:
7.3. I. Sealants: Sealants used with exposed masonry shall match color of mortar joint. Sealants used with
unpainted concrete shall match color of adjacent concrete. Color of sealants for other locations shall be
light gray or aluminum, unless otherwise specified.
7.3.2. Caulking shall be light gray or white, unless otherwise specified.
PART 3 - EXECUTION
& LOCATIONS
8.1. Exterior applications: Use Type 11, Class B sealants for following locations:
8.1.1. Joints or recesses on exterior of building (including locations not specifically shown or specified)
where sealing is required to prevent infiltration of water, moisture, and wind into building construction.
8.1.2. Masonry joint in which shelf angles occur.
8.1.3. Joints in wash surfaces of cast stonework.
8.1.4. Expansion and control joint and interior walls and partitions where no expansion joint covers are
required.
8.1.5. Opening where pipes, conduits and similar items pass through exterior walls.
8.1.6. Metal reglets where lead caulking rope is not used, tip edge of surface mounted reglets, and where
f ashing is inserted into masonry joints.
8.1.7. Metal -to -metal joints where sealing or caulking is shown or specified.
8.1.8. Joints occurring between ends of gravel stops, fascias andior copings and adjacent walls.
8.1.9. At penetrations through flashing.
9.2. Interior applications: Use Type I or 11 caulking compounds for the following, locations:
07920-1