HomeMy WebLinkAboutResolution - 2020-R0436 - Contract 15630 with Matthews Backhoe, Inc.Resolution No. 2020-RO436
Item No. 7.12
December 15, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Public Works Contract No. 15630 for debris
foundation removal collapsed structures Coronado Apartments as per RFP 21-15630-JM, by
and between the City of Lubbock and Matthews Backhoe, Inc., of Lubbock, Texas, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on December 15, 2020
DANIEL M. POPE, MAYOR
ATTEST:
P.AJIJ. A�
Rcbec arza, City Secret U
APPROVED AS TO CONTENT:
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Marlfj earwood, Assi City Manager
OD0i1M%V 411MO
W&Ihwji�
elli Leisure, Assistant City Attorney
ccdocs/RES.Contract 15630 — Debris foundation removal collapsed structures Coronado Apartments
November 30, 2020
PROPOSAL SUBMITTAL FORM
LUMP SUM PRICE PROPOSAL CONTRACT
DATE: I I I fD-' �;Z n
PROJECT NUMBER: RFP 21-15630-JM Debris Foundation Removal Collapsed Structures Coronado
Apartments
Proposal of E(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 Debris Foundation Removal Collapsed
Structures Coronado Apartments having carefully examined the plans, specifications, instructions to
offerors, notice to offerors and all other related contract documents and the site of the intended work, and being
familiar with all of the conditions surrounding the construction of the intended project including the availability
of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project
in accordance with the plans, specifications and contract documents, within the time set forth therein and at
the price stated below. The price to cover all expenses incurred in performing the work required under the
contract documents.
ITEM
DESCRIPTION
TOTAL LUMP SUM
Remove and haul asbestos contaminated building
material and concrete foundations using National
Emissions Standards for Hazardous Air
Pollutants (NESAHP) methods to appropriate
landfill. Debris includes two burned/collapsed
apartment buildings including foundations
located at 1017 East 29th Street Lubbock, Texas.
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Backfill may be required to leave a clean level lot.
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The City can accept this waste with certain
restrictions that will need to be met to satisfy the
City of Lubbock Solid Waste Landfill
requirements. If you are not using the City of
Lubbock please provide where waste is being
transported, asspecified herein.
PROPOSED CONSTRUCTION TIME:
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: 2-1 (to Substantial Completion)
not to exceed 30 consecutive calendar days).
5
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 30 Consecutive Calendar Days as
stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as
liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion herein
above for completion of this project, all as more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the
Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The
Offeror agrees that this proposal shall be good for a period of sixty calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and
he further agrees to commence work on the date specified in the written notice to proceed, and to substantially
complete the work on which he has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
0 JZ Offeror's Initials
6
Enclosed with this proposal is a Cashier's Check or Certified Ch c Enclosed with
this proposal is a Cashier's Check or Certified Check for
Dollars ($ or a Proposal Bond in the sum of x�
Dollars ($,200ti0U0a ; which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event the proposal is accepted by the Owner and the undersigned
fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within ten (10) business days after the date of receipt of written
notification of acceptance of said proposal; otherwise, said check or bond shall be returned to
the undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound
and include all contract documents made available to him for his inspection in accordance with the
Notice to Offerors.
Pursuant to Texas Local Government Code 252.043(g), a
competitive sealed proposal that has been opened may not be
changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE
PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAUFORM PRIOR TO PROPOSAL OPENING.
Offeror acknowledges receipt of the following addenda:
Addenda No. �_ Date �j Q
Addenda No. Date
Addenda No. Date
Addenda No. Date
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BOND CHECK
BEST RATING _________
LICENSED IN TEXAS
DATE______ BY: _______
CONTRACT AWARD DATE: December 15, 2020
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
SPECIFICATIONS FOR
Debris Foundation Removal Collapsed Structures Coronado
Apartments
RFP 21-15630-JM
CONTRACT: 15630
PROJECT NUMBER: 4211.8801
Plans & Specifications may be obtained from
Bidsync.com
Page Intentionally Left Blank
ADDENDUM
Page Intentionally Left Blank
DATE ISSUED: November 23, 2020
CLOSE DATE: November 30, 2020 at 2:00 p.m.
The following items take precedence over specifications for the above named Request for Proposals
(RFP). Where any item called for in the RFP documents is supplemented here, the original requirements,
not affected by this addendum, shall remain in effect.
Please review, incorporate, and acknowledge the information in this addendum on the signature
page of the Proposal Submittal Form.
Solid Waste Provision Clarification
1. Please incorporate the Solid Waste Provision.
Criteria for Waste Acceptance
The waste from this project can only be accepted at the City’s West Texas Regional Disposal Facility (WTRDF)
located in Abernathy, Texas. The City has previously contacted the Texas Commission on Environmental Quality
(TCEQ) who also contacted the Texas Department of State Health Services (DSHS) regarding the handling of the
debris for this project. The DSHS has determined that since the building was completely consumed by fire, the
asbestos NESHAP requirements do not apply to the transportation system. All waste received from the building
destroyed by the fire will be managed as special waste when it is received at the landfill. The TCEQ and DSHS
require personal protective equipment for all workers involved and active measures such as wetting the waste
prior to and/or during loading be made a part of the waste removal plan. Attached, please find an example of
the “Generator Waste Profile Sheet” that the contractor will be required to complete and submit to the WTRDF
Environmental Compliance Coordinator prior to transporting any waste to the facility. Additionally, the following
will be implemented for this project:
Waste must be transported in closed or covered vehicles
Waste will only be accepted Monday through Friday from 7 am to 3 pm
Waste will only be charged the TCEQ Disposal Surcharge per ton received (currently 0.94/ton)
Waste Profile Sheet must be completed, signed, submitted and approved prior to any waste being
transported to WTRDF
Waste Generator Profile Sheet
1. Please see Waste Generator Profile Sheet, attached.
ADDENDUM 1
Solid Waste Provision Clarification & Waste
Generator Profile Sheet
RFP 21-15630-JM
Debris Foundation Removal Collapsed Structures
Coronado Apartments
All requests for additional information or clarification must be submitted in writing and directed to:
Jessie Montes, Buyer III
City of Lubbock
Purchasing and Contracts Management Office
1314 Ave. K, Floor 9
Lubbock, TX 79401
Questions may be faxed to (806)775-2164 or Emailed to JMontes@mylubbock.us
Questions are preferred to be posted on BidS ync: www.bidsync.com
THANK YOU,
Jessie Montes
CITY OF LUBBOCK
Jessie Montes
Buyer III
City of Lubbock
Purchasing and Contracts Management Office
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.
It shall be the offeror’s responsibility to advise the Director of Purchasing and Contract Management if any
language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated
in this RFP to a single source. Such notification must be submitted in writing and must be received by the
Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A
review of such notifications will be made.
Date Received:_____________ Ticket #:____________
GENERATOR WASTE PROFILE SHEET
Please Print or Type. Fill Out Sections Completely. Questions? 806-784-6042
I. GENERATOR INFORMATION
Generator Name:
Generator Site Address:
City: State: Zip Code:
Generator Mailing Address (if different):
City: State: Zip Code:
Generator Contact: Email Address:
Phone Number: Fax Number:
II. TRANSPORTER INFORMATION (AS GENERALLY USED)
Transporter Name:
Transporter Street Address:
City: State: Zip Code:
Contact Name:
Phone Number: State Transportation Number:
Fax Number:
III. WASTE STREAM INFORMATION
Name of Waste:
Process Generating the Waste:
Type of Waste:
Industrial: Hazardous Industrial Class I Industrial Class II Industrial Class III
Special Waste (only accepted Mon-Thurs until 2pm)
Municipal Solid Waste: Hazardous Special Waste (only accepted Mon-Friday until 3pm)
Physical State: Solid Semi-solid Powder Liquid
Other:
Method of Shipment: Bulk Drum Bagged Other:
Frequency: One Time Daily Weekly Monthly
Other:
Special Handling Instructions:
Certificate of Destruction Requested:
Various until project complete
Generator Name:________________________ 2
IV. PHYSICAL CHARACTERISTICS OF WASTE
Characteristic Components % by Weight
(range)
1.
2.
3.
4.
5.
Color Odor (Describe) Free Liquids
Yes No
pH
Is the waste represented by this waste profile sheet a regulated hazardous
waste as defined by USEPA, TCEQ, or other state regulatory agencies? Yes No
Does the waste represented by this waste profile sheet contain
friable asbestos? Yes No
Does the waste represented by this waste profile sheet contain
regulated concentrations of Polychlorinated Biphenyls (PCBs)? Yes No
Does the waste represented by this waste profile sheet contain
regulated concentrations of radioactive waste? Yes No
Is the analytical data attached derived from testing a representative sample
in accordance with 40 CFR 261.20 (c) or equivalent rules? Yes No
V. GENERATOR CERTIFICATION
I hereby certify that to the best of my knowledge and belief, the information contained herein is a true, complete and
accurate description of the waste being offered for disposal. All known or suspected hazards have been disclosed.
All documents, analytical results, MSDS/SDS, if any, submitted are truthful and complete and are representative of
the waste. I further certify that by utilizing this profile, neither I nor any other employee of the company will deliver for
disposal or attempt to deliver for disposal any waste which is classified as regulated hazardous waste, or any other
waste material this facility is prohibited from accepting by law. I shall immediately give written notice of any change
or condition pertaining to the waste not provided herein. Our company hereby agrees to fully indemnify this disposal
facility against any damages resulting from this certification being inaccurate or untrue. I further certify that the
company has not altered the form or content of this profile sheet as provided by the City Of Lubbock. The
undersigned individual warrants that he/she is authorized to sign this document on behalf of the Generator.
Certification Signature: _____________________________________________ Date: _______________
Title: ___________________________________________________________
Typed or Printed Name: ____________________________________________
Company Name: __________________________________________________
VI. WEST TEXAS REGION DISPOSAL FACILITY
Was the waste accepted for disposal at WTRDF? Yes No Approved from: To:
Printed and title of the person who approved the waste for disposal:
Signature or person who approved the waste for disposal and date signed:
Printed name and signature of person that received the waste:
N/A
Generator Name:________________________ 3
INSTRUCTIONS
Information provided on this form along with any accompanying documentation will be used to determine
if the waste is acceptable for disposal at the West Texas Region Disposal Facility. Answers must be
provided for sections I, III, IV and V. Section V must contain a certification signature from the generator
before the profile sheet will be considered for approval. All answers must be printed in ink or typed. A
response of “NA” or “none” can be made if appropriate. If additional space is needed and/or if analytical
results are submitted, please indicate on the form at the relevant question and attach the additional
information to the Generator Waste Profile sheet. If you have questions regarding this form, please
contact the Environmental Compliance Coordinator at the West Texas Region Disposal Facility at (806)
784-6042.
I. GENERATOR INFORMATION
Generator Name – Enter the name of the person or company that generated the waste.
Generator Site Address – Enter the street address or general location of the facility where the waste
was generated.
City – Enter the name of the city where the waste was generated.
State – Enter the name of state where the waste was generated.
Zip Code – Enter the zip code of the facility where the waste was generated.
Generator Mailing Address – Enter the mailing address of the person or company that generates the
waste, if it is different from the site address where the waste was generated.
City – Enter the city of the mailing address.
State – Enter the name of the state of the mailing address
Zip Code – Enter the zip code of the mailing address
Generator Contact – Enter the name of the person that can be contacted regarding the represented
waste stream.
Phone number – Enter the phone number of the person that can be contacted regarding the represented
waste stream.
Fax Number – Enter the fax number of the person that can be contacted regarding the represented
waste stream.
II. TRANSPORTER INFORMATION
Transporter Name – Enter the name of the company that will be used to transport the represented waste
stream, if known.
Transporter Mailing Address – Enter the mailing address of the waste hauling company.
City – Enter the name of the city of the waste hauling company’s address.
State – Enter the name of the state of the waste hauling company’s address.
Zip Code – Enter the zip code of the waste hauling company’s address.
Contact Name – Enter the name of the person that can be contacted regarding the hauling of the
represented waste stream.
Phone Number – Enter the phone number of the contact person at the waste hauling company.
Fax Number – Enter the fax number of the contact person at the waste hauling company.
State Transportation Number – Enter the Texas Commission on Environmental Quality registration
number given to the hauling company.
III. WASTE STREAM INFORMATION
Name of Waste – Enter a name that generally describes the waste (e.g. Office/Breakroom trash,
wastewater treatment plant sludge, contaminated food product)
Process Generating the Waste – Describe the process generating the waste in detail.
Type of Waste – Mark the type of waste that best describes the represented waste stream. A waste
classification checklist to determine the hazardous/industrial classification level of the waste is available
from the TCEQ at: https://www.tceq.texas.gov/assets/public/comm_exec/pubs/rg/rg-022.pdf, starting on
page 10. The definition of special wastes can be found at: 30 TAC 330.3(148).
Physical State – Mark the physical state that best describes the represented waste stream.
Method of Shipment – Mark the method of shipment for the represented waste stream.
Frequency – Mark the desired frequency of disposal for the represented waste stream.
Generator Name:________________________ 4
Special Handling Instructions – Describe any special handling instructions for the represented waste
stream.
IV. PHYSICAL CHARACTERISTICS OF WASTE
Characteristic components – List the different components of the represented waste and the percent of
the waste composed by the component
Color – Describe the color(s) of the represented waste.
Odor – Describe the odor(s) of the represented waste.
Free liquids – Are free liquids present? All waste must pass a paint filter test as described in EPA
Method 9095.
pH – provide the pH of the waste, if applicable.
Answer all questions regarding the waste composition and classification
V. GENERATOR CERTIFICATION (Make sure to read the certification fully)
Certification Signature – Signature of the individual who is certifying the information on the
profile sheet
Date – The date that the profile sheet is being certified
Title – The title of the person certifying the information on the profile sheet
Typed or Printed Name – Name of the person certifying the information on the profile sheet.
Company Name – The name of the company generating the waste.
VI. West Texas Region Disposal Facility
This section is to be completed by City of Lubbock staff. Approval of the Profile Sheet by
City staff and a copy of the approved Profile Sheet must be presented to landfill staff upon
arrival at the site prior to the waste being accepted for disposal.
City of Lubbock, TX
Purchasing and Contract Management
Contractor Checklist for
RFP 21-15630-JM
Debris Foundation Removal Collapsed Structures Coronado Apartments
1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL
FORM. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on
acceptance of his bid to execute a contract and any required bonds, according to the accompanying
forms, for performing and completing the said work within the time stated and for the prices stated
below. The bidder MUST submit his bid on forms furnished by the City, and all blank spaces in
the form shall be correctly filled in, stating the price in numerals for which he intends to do the
work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the unit price and the extended total
for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price. Include corporate seal and Secretary's signature.
Identify addenda received (if any). Include frm's FEDERAL TAX ID number or Owner's SOCIAL
SECURITY number.
2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a
bid surety WILL result in automatic rejection of your bid.
3. Complete CITY OF LUBBOCK REFERENCE FORM.
4. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT.
Contractor's signature must be original.
5. Complete CONTRACTOR'S STATEMENT OF QUALIFICATIONS
6. Clearly mark the bid number, title, due date and time and your company name and address on the outside
of the envelope or container.
7. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office
prior to the deadline. Late bids will not be accepted.
8. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained
in detail and submitted with Bid.
9. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's
FEDERAL TAX ID number or Owner's SOCIAL SECURITY number.
10. Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE.
11. Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel
12. Complete and submit the LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING:
13. Complete and submit the FINAL LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED:
14. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM
1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics
Commission website.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON-
RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS
COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL.
(Type or Print Company Name)
Page Intentionally Left Blank
INDEX
1. NOTICE TO OFFERORS
2. GENERAL INSTRUCTIONS TO OFFERORS
3. TEXAS GOVERNMENT CODE § 2269
4. PROPOSAL SUBMITTAL FORM – (must be submitted by published due date & time)
4-1. LUMP SUM PRICE PROPOSAL SUBMITTAL FORM
4-2. CITY OF LUBBOCK REFERENCE FORM
4-3. CONTRACTOR’S STATEMENT OF QUALIFICATIONS
4-4. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
4-5. SAFETY RECORD QUESTIONNAIRE
4-6. SUSPENSION AND DEBARMENT CERTIFICATION
4-7. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
VERIFICATION
4-8. PROPOSED LIST OF SUB-CONTRACTORS
5. POST-CLOSING DOCUMENT REQUIREMENTS – (to be submitted no later than seven business days
after the close date when proposals are due)
5-1. FINAL LIST OF SUB-CONTRACTORS
6. PAYMENT BOND
7. PERFORMANCE BOND
8. CERTIFICATE OF INSURANCE
9. CONTRACT
10. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
11. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
12. GENERAL CONDITIONS OF THE AGREEMENT
13. CITY OF LUBBOCK WAGE DETERMINATIONS
14. SPECIAL CONDITIONS (IF APPLICABLE)
15. SPECIFICATIONS
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NOTICE TO OFFERORS
Page Intentionally Left Blank
Notice to Offerors
RFP 21-15630-JM
Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of
Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management, Citizens
Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, until 2:00 PM on November 30, 2020, 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:
Debris Foundation Removal Collapsed Structures Coronado Apartments
After the expiration of the time and date above first written, said sealed proposals will be opened in the
office of the Director of Purchasing and Contract Management and publicly read aloud. It is the sole responsibility
of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract
Management for the City of Lubbock, before the expiration of the date above first written.
The Contractor is only required to submit one original copy of ev ery item listed on the Contractor
Checklist in the proposal submittal.
Proposals are due at 2:00 PM on November 30, 2020, and the City of Lubbock City Council will consider
the proposals on December 15, 2020, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as soon
thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any
formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract
price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of “A”
or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO
WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND
APPROVED.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total
amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary
bonds within ten (10) business days after notice of award of the contract to the Offeror. FAILURE OF THE
PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL
CONSTITUTE A NON-RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE
PROPOSAL SUBMITTAL.
Copies of plans and specifications may be obtained at bidder’s expense from the City of Lubbock
Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded
from http://www.bidsync.com at no cost. In the event of a large file size, please be patient when downloading
or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.
It shall be each proposer’s sole responsibility to inspect the site of the work and to inform Offeror 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 November 20, 2020, at 10:00AM. The Zoom meeting
information is as follows:
Website: https://us02web.zoom.us/j/5840035702?pwd=QzZLTUJJdVhQVHlOdFRxZ01obmRGdz09
Meeting ID: 584 003 5702
Passcode: 1314
Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem
wages included in the contract documents on file in the office of the Purchasing and Contract Management Office
of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention
is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements
contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages
as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals
in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability,
or national origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-proposal
meetings and proposal openings are available to all persons regardless of disability. If you require special
assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office
Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK,
Marta Alvarez
Marta Alvarez
DIRECTOR OF PURCHASING &
CONTRACT MANAGEMENT
GENERAL INSTRUCTIONS TO OFFERORS
Page Intentionally Left Blank
1
GENERAL INSTRUCTIONS TO OFFERORS
1 PROPOSAL DELIVERY, TIME & DATE
The City of Lubbock is seeking written and sealed competitive proposals to furnish Debris Foundation
Removal Collapsed Structures Coronado Apartments per the attached specifications and contract
documents. Sealed proposals will be received no later than 2:00 PM, November 30, 2020, at the office
listed below. Proposals will be opened via teleconference if date/time stamped on or before 2:00 p.m.
CST at the office listed below. The Zoom meeting information is as follows:
Website: https://us02web.zoom.us/j/5840035702?pwd=QzZLTUJJdVhQVHlOdFRxZ01obmRGdz09
Meeting ID: 584 003 5702
Passcode: 1314
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 21-15630-JM, Debris Foundation Removal Collapsed
Structures Coronado Apartments” and the proposal opening date and time. Offerors must also include
their company name and address on the outside of the envelope or container. Proposals must be addressed
to:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1314 Avenue K, Floor 9
Lubbock, Texas 79401
1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing and Contract
Management Office. Mailing of a proposal does not ensure that it will be delivered on time or
delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort
of delivery service that provides a receipt.
1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by
private courier service. Only written proposals submitted in conformance with the Instruction to
Offerors will be considered responsive and evaluated for award of a Contract.
1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through
an addendum.
2 PRE-PROPOSAL MEETING
2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing
addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non-
mandatory pre-proposal conference will be held at 10:00AM, November 20, 2020, via
teleconference. The Zoom meeting information is as follows:
Website: https://us02web.zoom.us/j/5840035702?pwd=QzZLTUJJdVhQVHlOdFRxZ0 1obmRGdz09
Meeting ID: 584 003 5702
Passcode: 1314
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.
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3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information
available over the Internet at www.bidsync.com. We strongly suggest that you check for any
addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES
WITHOUT INTERNET ACCESS may use computers available at most public libraries.
3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents
may request an interpretation thereof from the Director of Purchasing and Contract Management.
At the request of the proposer, or in the event the Director of Purchasing and Contract Management
deems the interpretation to be substantive, the interpretation will be made by written addendum
issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and
Contract Management Office will be available over the Internet at http://www.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 Purchasing and Contract Management Office no later
than five (5) calendar days before the proposal closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of
Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only
information supplied by the City of Lubbock Purchasing and Contract Management Office in
writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer
may have had before or after receipt of this RFP with any individuals, employees, or
representatives of the City and any information that may have been read in any news media or seen
or heard in any communication facility regarding this proposal should be disregarded in preparing
responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with
all requirements before submitting a proposal to ensure that their proposal meets the intent of these
specifications.
4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and
examinations that are necessary to ascertain conditions and requirements affecting the
requirements of this Request for Proposals. Failure to make such investigations and examinations
shall not relieve the proposer from obligation to comply, in every detail, with all provisions and
requirements of the Request for Proposals.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract
documents, shall be given to the Director of Purchasing and Contract Management and a
clarification obtained before the proposals are received, and if no such notice is received by
the Director of Purchasing and Contract Management prior to the opening of proposals,
then it shall be deemed that the proposer fully understands the work to be included and has
provided sufficient sums in its proposal to complete the work in accordance with these plans
and specifications. If proposer does not notify the Director of Purchasing and Contract
Management before offering of any discrepancies or omissions, then it shall be deemed for
all purposes that the plans and specifications are sufficient and adequate for completion of
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the project. It is further agreed that any request for clarification must be submitted no later
than five (5) calendar days prior to the opening of proposals.
5 PROPOSAL PREPARATION COSTS
5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred
in the preparation and submission of a proposal.
5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any
services or equipment.
5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer.
6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial
decision, including trade secrets and commercial or financial information, clearly identify those
portions.
6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors
and keeps the proposals secret during negotiations. All proposals are open for public inspection
after the contract is awarded, but trade secrets and confidential information in the proposals are
not open for inspection. Tex. Loc. Govt. Code 252.049(a)
6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the
Texas Public Information Act.
6.4 Pursuant to Section 552.234(c) of the Texas Government Code, the City of Lubbock has
designated the following email address for which public information requests may be made by an
emailed request: orr@mylubbock.us. Please send this request to this email address for it to be
processed.
6.5 For more information, please see the City of Lubbock Public Information Act website at:
https://ci.lubbock.tx.us/pages/public-information-act
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer
is or may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their proposal submittal how they would utilize local resources.
9 CONFLICT OF INTEREST
9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Lubbock.
9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror
has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the
receipt of special treatment, advantage, information, recipient's decision, opinion,
recommendation, vote or any other exercise of discretion concerning this proposal.
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10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described
in the General Conditions.
10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on th e contract
documents for the construction of this project and shall be responsible for the satisfactory
completion of all work contemplated by said contract documents.
11 PLANS FOR USE BY OFFERORS
It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and
prepare a proposal without charge. The contract documents may be examined without charge as noted in
the Notice to Offerors.
12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.
It shall be the offerors responsibility to advise the Director of Purchasing and Contract
Management if any language, requirements, etc., or any combinations thereof, inadvertently
restricts or limits the requirements stated in this RFP to a single source. Such notification must be
submitted in writing and must be received by the City Purchasing and Contract Management
Office no later than five (5) calendar days before the proposal closing date. A review of such
notifications will be made.
12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL
REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION
CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN
WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL
CLOSING DATE AND ADDRESSED TO:
Jessie Montes, Buyer III
City of Lubbock
Purchasing and Contract Management Office
1314 Avenue K, Floor 9,
Lubbock, Texas, 79401
Fax: 806-775-2164
Email: JMontes@mylubbock.us
Bidsync: www.bidsync.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 30
Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City
of Lubbock to the successful proposer.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the
work contemplated by the contract documents. In the event the City requires a progress schedule
to be submitted, and it is determined by the City that the progress of the work is not in accordance
with the progress schedule so submitted, the City may direct the Contractor to take such action as
the City deems necessary to ensure completion of the project within the time specified.
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13.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall
ensure daily prosecution of the work is conducted every business day until the work is completed,
regardless if the work will be substantially or finally complete ahead of specified deadlines in the
agreement, unless the City determines time off from said prosecution is necessary or reasonable
and Contractor received said determination in writing from the City. Additionally, inclement
weather shall be the only other reason consistent, daily prosecution of the work may not take place
on those inclement weather days.
14 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions
of the contract documents.
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and
grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for
protecting them adequately until incorporated into the project. The presence or absence of a representative
of the City on the site will not relieve the Contractor of full responsibility of complying with this provision.
The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality, which the Owner believes necessary to procure a satisfactory project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be
guaranteed against defective materials and workmanship. Prior to final acceptance, the
Contractor shall furnish to the Owner, a written general guarantee which shall provide that
the Contractor shall remedy any defects in the work, and pay for any and all damages of any
nature whatsoever resulting in such defects, when such defects appear within TWO years
from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor
represents and warrants fault-free performance and fault-free result in the processing date
and date-related data (including, but not limited to calculating, comparing and sequencing)
of all hardware, software and firmware products delivered and services provided under this
Contract, individually or in combination, as the case may be from the effective date of this
Contract. Also, the Contractor warrants calculations will be recognized and accommodated
and will not, in any way, result in hardware, software or firmware failure. The City of
Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the
procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor,
its sub-contractor or any third party involved in the creation or development of the products
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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 a maximum of five sets of plans and
specifications and related contract documents for use during construction. Plans and specifications for use
during construction will only be furnished directly to the Contractor. The Contractor shall then distribute
copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution
of the work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction,
and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such
work, until the date the City issues its certificate of completion to Contractor. The City reserves the right,
after the proposals have been opened and before the contract has been awarded, to require of a proposer
the following information:
(a) The experience record of the proposer showing completed jobs of a similar nature to the one
covered by the intended contract and all work in progress with bond amounts and percentage
completed.
(b) A sworn statement of the current financial condition of the proposer.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to
provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to
buy the materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents
in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility
lines, conduits or other underground structures which might or could be damaged by Contractor during
the construction of the project contemplated by these contract documents. The City of Lubbock agrees
that it will furnish Contractor the location of all such underground lines and utilities of which it has
knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned.
All such underground lines or structures, both known and unknown, cut or damaged by Contractor during
the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to
the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense.
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22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger
signals, and shall take such other precautionary measures for the protection of persons, property and the
work as may be necessary. The Contractor will be held responsible for all damage to the work due to
failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion
shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's
responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to
Contractor of City's certificate of acceptance of the project.
23 EXPLOSIVES
23.1 The use of explosives will not be permitted
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful proposer shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that
the work contemplated by this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to
do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished
to the City and written notice of cancellation or any material change will be provided ten (10) days
in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost
and expense through the life of this contract, insurance protection as hereinafter specified.
Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be
carried with an insurance company authorized to transact business in the State of Texas and shall
cover all operations in connection with this contract, whether p erformed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor.
A certificate of insurance specifying each and all coverages shall be submitted before contract
execution.
26 LABOR AND WORKING HOURS
26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per
diem wages included in these contract documents. The wage rate that must be paid on this project
shall not be less than specified in the schedule of general prevailing rates of per diem wages as
above mentioned. The proposer' attention is further directed to the requirements of Texas
Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage
schedules above mentioned and the proposer's obligations thereunder. The inclusion of the
schedule of general prevailing rate of per diem wages in the contract documents does not release
the Contractor from compliance with any wage law that may be applicable. Construction work
under this contract requiring an inspector will not be performed on Sundays or holidays unless the
following conditions exist:
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26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the
necessary service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the penalty provisions of the contract and Contractor can show
he has made a diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to
the weekend or holiday he desires to do work and obtain written permission from the Owner's
Representative to do such work. The final decision on whether to allow construction work
requiring an inspector on Sundays or holidays will be made by the Owner's Representative.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being
done under this contract which is hazardous or dangerous to property or life, the Contractor shall
immediately commence work, regardless of the day of the week or the time of day, to correct or
alleviate such condition so that it is no longer dangerous to property or life.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the
project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable
without discount, not less often than once each week. The Contractor and each of his subcontractors
shall keep a record showing the name and occupation of each worker employed by the Contractor
or subcontractor in the construction of the public work and the actual per diem wages paid to each
worker. This record shall be open at all reasonable hours to inspection by the officers and agents
of the City. The Contractor must classify employees according to one of the classifications set forth in
the schedule of general prevailing rate of per diem wages, which schedule is included in the contract
documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract
is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion
thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular
classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated proposal price due
to increases or decreases in the cost of materials, labor or other items required for the project will be
rejected and returned to the proposer without being considered.
29 PREPARATION FOR PROPOSAL
29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the
form shall be correctly filled in, stating the price in numerals for which he intends to do the
work contemplated or furnish the materials required. Such prices shall be written in ink,
distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the
extended total for a bid item, the unit price will be taken. A bid that has been opened may
not be changed for the purpose of correcting an error in the bid price.
29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized
agent. If a proposal is submitted by a firm, association, or partnership, the name and address of
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each member must be given and the proposal signed by a member of the firm, association or
partnership, or person duly authorized. If the proposal is submitted by a company or corporation,
the company or corporate name and business address must be given, and the proposal signed by
an official or duly authorized agent. Powers of attorney authorizing agents or others t o sign
proposals must be properly certified and must be in writing and submitted with the proposal. The
proposal shall be executed in ink.
29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to
Offerors, and endorsed on the outside of the envelope in the following manner:
29.3.1 Proposer's name ______________________________________________________
29.3.2 Proposal “RFP 21-15630-JM Debris Foundation Removal Collapsed Structures
Coronado Apartments"
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 Form.
(d) Statutory Bonds (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates for Contractor and all Sub-Contractors.
(j) All other documents made available to proposer for his inspection in accordance with the Notice
to Offerors.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
31 QUALIFICATIONS OF OFFERORS
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The proposer may be required before the award of any contract to show to the complete satisfaction of the
City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service
specified therein in a satisfactory manner. The proposer may also be required to give a past history and
references in order to satisfy the City of Lubbock about the proposer’s qualifications. The City of Lubbock
may make reasonable investigations deemed necessary and proper to determine the ability of the proposer
to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose
that may be requested. The proposer’s proposal may be deemed not to meet specifications or the proposal
may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of
Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete
the work described therein. Evaluation of the proposer’s qualifications shall include but not be limited to:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service
required.
(b) The ability of the proposer to perform the work or provide the service promptly or within the time
specified, without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub-Contractors
(f) The experience and qualifications of key project personnel
(g) Past experience with the Owner
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs
with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of
ALL similar municipal and similar non-municipal current and completed projects for the past five (5)
years for review. This list shall include the names of supervisors and type of equipment used to perform
work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s)
that will be used to perform work on this project in compliance with City of Lubbock specifications herein.
32 BASIS OF PROPOSALS AND SELECTION CRITERIA
The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas
Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is
equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, 5
points for Safety Record Questionnaire, and 5 points for Construction Time. The selection criteria used
to evaluate each proposal includes the following:
32.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal
or, conversely, eliminated solely because of a high initial cost proposal. The following is the
formula used when determining price as a factor for construction contract proposals. The lowest
proposal price of all the proposals becomes the standard by which all price proposals are evaluated.
One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the
price of the proposal being evaluated. That fraction is then multiplied by the maximum point value
of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x
Maximum Point Value = Price Score.
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32.2 30 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor’s
qualifications, the City uses the “Contractor’s Statement of Qualifications” attached within and
past experience with the contractor. The City may also interview the job superintendent at a time
to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is
as follows: (Points = Score). Each evaluator assigns points based upon the responses the contractor
provides in the “Contractor’s Statement of Qualifications” And any past experience with the
contractor. The “Contractor’s Statement of Qualifications” is a minimum, and you may provide
additional pertinent information relevant to the project for which you are submitting this proposal.
32.3 5 POINTS - SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively
evaluated and the formula is as follows: (Points = Score). Each evaluator assigns points based
upon the responses you provide in your “Safety Record Questionnaire” and the Contractors
Experience Modification Ratio (EMR). Contractors with an EMR greater than 1.0, as well as those
Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria.
The City may consider any incidence involving worker safety or safety of Lubbock residents, be
it related or caused by environmental, mechanical, operational, supervision or any other cause or
factor under the contractor’s control. Evaluators base their rating primarily upon how well you
document previous offenses with the date of the offense, location where the offense occurred, type
of offense, final disposition of the offense, and any penalty assessed as well as the EMR.
32.4 5 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators
use the following formula when determining construction time as a factor for construction contract
proposals. The lowest construction time proposal of all the proposals becomes the standard by
which all the construction time proposals are evaluated. One at a time, each proposal is evaluated
by taking the lowest construction time and dividing it by the construction time of the proposal
being evaluated. That fraction is then multiplied by the maximum point value of the construction
time factor for the construction time score. For example: (Lowest construction time/Current
Proposal construction time) x Maximum Point Value = Construction Time Score)
32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The
Committee meets, during which time the Committee Chairperson totals the individual scores. If
the individual scores are similar, the Chairperson averages the scores then ranks offerors
accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates
discussion to determine the reasons for the differences and ensures that all evaluators are fully
knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based
on committee discussion. Please note that offerors with higher qualifications scores could be
ranked higher than offerors with slightly better price scores.
32.6 The estimated budget for the construction phase of this project is $250,000.00
32.7 Proposals shall be made using the enclosed Proposal Submittal Form.
33 SELECTION
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33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most
advantageous to the City of Lubbock considering the relative importance of evaluation factors
included in this RFP.
33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER
UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY
COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE
REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.
33.3 The City shall select the offeror that offers the best value for the City based on the published
selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract
with the selected offeror. The City and its engineer or architect may discuss with the selected
offeror options for a scope or time modification and any price change associated with the
modification. If the City is unable to negotiate a contract with the selected offeror, the City shall,
formally and in writing, end negotiations with that offeror and proceed to the next offeror in the
order of the selection ranking until a contract is reached or all proposals are rejected.
33.4 In determining best value for the City, the City is not restricted to considering price alone, but may
consider any other factor stated in the selection criteria.
33.5 A proposal will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of
the items specified, if the unit prices are obviously unbalanced (either in excess of or below
reasonably expected values), or irregularities of any kind.
34 ANTI-LOBBYING PROVISION
34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE
CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND
REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH
ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE
REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE
OF CITY-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS .
34.2 This provision is not meant to preclude bidders from discussing other matters with City C ouncil
members or City staff. This policy is intended to create a level playing field for all potential
bidders, assure that contract decisions are made in public, and to protect the integrity of the bid
process. Violation of this provision may result in rejection of the bidder's bid.
35 PROTEST
35.1 All protests regarding the RFP process must be submitted in writing to the City Director of
Purchasing and Contract Management within 5 working days after the protesting party knows of
the occurrence of the action which is protested relating to advertising of notices deadlines,
proposal opening and all other related procedures under the Local Government Code, as well as
13
any protest relating to alleged improprieties with the RFP process. This limitation does not
include protests relating to staff recommendations as to award of contract. Protests relating to
staff recommendations may be directed to the City Manager. All staff recommendations will be
made available for public review prior to consideration by the City Council as allowed by law.
FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF
ANY PROTEST.
36 PREVAILING WAGE RATES
36.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage
Rates, with respect to the payment of prevailing wage rates for the construction of a public work,
including a building, highway, road, excavation, and repair work or other project development or
improvement, paid for in whole or in part from public funds, without regard to whether the work
is done under public supervision or direction. A worker is employed on a public work if the worker
is employed by the contractor or any subcontractor in the execution of the contract for the project.
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 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay
to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that
the worker is paid less than the wage rates stipulated in the contract.
TEXAS GOVERNMENT CODE § 2269
SUBCHAPTER D.
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In
this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests
proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the
construction, rehabilitation, alteration, or repair of a facility.
(b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow
the procedures provided by this subchapter.
Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or
designate an architect or engineer to prepare construction documents for the project. The selected or designated
engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as
applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental
entity shall select the engineer or architect on the basis of demonstrated competence and qualificati ons as
provided by Section 2254.004, Government Code.
Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for
competitive sealed proposals that includes construction documents, selection criteria and the weighted value for
each criterion, estimated budget, project scope, estimated project completion date, and other information that a
contractor may require to respond to the request. The governmental entity shall state in the request for proposals
the selection criteria that will be used in selecting the successful offeror.
Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly
open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later
than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and
rank each proposal submitted in relation to the published selection criteria.
Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that
submits the proposal that offers the best value for the governmental entity based on:
(1) the selection criteria in the request for proposal and the weighted value for those criteria in
the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to
negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss
with the selected offeror options for a scope or time modification and any price change associated with the
modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected
offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to
the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In
determining best value for the governmental entity, the governmental entity is not restricted to considering
price alone, but may consider any other factor stated in the selection criteria.
PROPOSAL SUBMITTAL FORM
Page Intentionally Left Blank
PROPOSAL SUBMITTAL FORM
LUMP SUM PRICE PROPOSAL CONTRACT
DATE: I � � so 1 Q
PROJECT NUMBER: RFP 21-15630-JM Debris Foundation Removal Collapsed Structures Coronado
Apartments
Proposalofm ws F)acKh0-e,,Tnr (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 Debris Foundation Removal Collapsed
Structures Coronado Apartments having carefully examined the plans, specifications, instructions to
offerors, notice to offerors and all other related contract documents and the site of the intended work, and being
familiar with all of the conditions surrounding the construction of the intended project including the availability
of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project
in accordance with the plans, specifications and contract documents, within the time set forth therein and at
the price stated below. The price to cover all expenses incurred in performing the work required under the
contract documents.
ITEM
DESCRIPTION
TOTAL LUMP SUM
Remove and haul asbestos contaminated building
material and concrete foundations using National
Emissions Standards for Hazardous Air
Pollutants (NESAHP) methods to appropriate
landfill. Debris includes two burned/collapsed
apartment buildings including foundations
located at 1017 East 29th Street Lubbock, Texas.
� � ri o O
1
Backfill may be required to leave a clean level lot.
,
�
The City can accept this waste with certain
restrictions that will need to be met to satisfy the
City of Lubbock Solid Waste Landfill
requirements. If you are not using the City of
Lubbock please provide where waste is being
transported, asspecified herein.
PROPOSED CONSTRUCTION TIME:
1. Contractors proposed CONSTRUCTION TIME for completion:
TOTAL CONSECUTIVE CALENDAR DAYS: L t (to Substantial Completion)
(not to exceed 30 consecutive calendar days).
Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice
to Proceed" of the Owner and to substantially complete the project within 30 Consecutive Calendar Days as
stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as
liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion herein
above for completion of this project, all as more fully set forth in the General Conditions of the Agreement.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in
accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the
Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The
Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and
he further agrees to commence work on the date specified in the written notice to proceed, and to substantially
complete the work on which he has proposed; as provided in the contract documents.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's
check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five
percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract,
obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after
notice of award of the contract to him.
Offeror's Initials
Enclosed with this proposal is a Cashier's Check or Certified Ch P.Als- Enclosed with
this proposal is a Cashier's Check or Certified Check for
Dollars ($ � or a Proposal Bond in the sum of Xf�
Dollars which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event the proposal is accepted by the Owner and the undersigned
fails to execute the necessary contract documents, insurance certificates, and the required
bond (if any) with the Owner within ten (10) business days after the date of receipt of written
notification of acceptance of said proposal; otherwise, said check or bond shall be returned to
the undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound
and include all contract documents made available to him for his inspection in accordance with the
Notice to Offerors.
Pursuant to Texas Local Government Code 252.043(g), a
competitive sealed proposal that has been opened may not be
changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE
PROPOSAL TRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
Offeror acknowledges receipt of the following addenda:
Addenda No. _� Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
Luuwcv.
Cit Count
%. TIIINIY14r---� —1 (1 S =-- 0�
State Zi Code
Telephone: 4go(,o - �Q
Fax: -
Email: Cps
FEDERAL TAX ID or SOCIA ECURITY
No.
r15- S ?1O30il33
M/WBE Firm: Woman Black American Native American
His anic American Asian Pacific American Other (Specify)
GRANITE RE, INC.
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
Matthews Backhoe, Inc., 12311 Hwy 87, Lubbock, TX 79423
as principal, hereinafter called the Principal, and Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK
731345 a corporation duly organized under the laws of the State of Minnesota as Surety, hereinafter called the Surety,
are held and firmly bound unto
City of Lubbock, TX, 1314 Avenue K, Floor 9, Lubbock, TX 79401
as Obligee, hereinafter called the Obligee, in the sum of * * * Five percent of the bid amount (5%)
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Project: Debris Foundation Removal Collapsed Structures Coronado Apartments / Project No.: RFP 21-15630-JM
Bid Date: 11/30/2020
The conditions of this Bond are such that if the Obligee accepts the bid of the Principal within the time specified in the bid documents or within
such time period as may be agreed to by the Obligee and Principal, and the Principal either (1) enters into a contract with the Obligee in
accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety
admitted in the jurisdiction of the Project and otherwise acceptable to the Obligee, for the faithful performance of such Contract and for the
prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Obligee the difference, not to exceed the amount
of this Bond, between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The
Surety hereby waives any notice of an agreement between the Obligee and Principal to extend the time in which the Obligee may accept the
bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance
of bids, and the Obligee and Principal shall obtain the Surety's consent for an extension beyond sixty (60) days.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this
Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this bond shall be construed as a statutory
bond and not as a common law bond.
Ma ews Back e, Inc. - -
Title (Seal)
G Vte Re, In
Kenneth D. Whittington, Attorney in Fact Or (Seal)
GR0614-2
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State ofMINNESOTA and having its principal
office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
KENNETH D. WHITTINGTON; KYLE MCDONALD its true and lawful Attorney -in -Facts) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto
annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies
and confirms all and whatsoever the said:
KENNETH D. WHITTINGTON; KYLE MCDONALD may lawfully do in the premises by virtue of these presents.
In witness 'Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by
the signatures of its President and Assistant Secretary, this 31 day of January, 2020.
�yA ��
I'VE
GP oapaRgrF /yP logo
Kenneth D. Whitti ton, President
STATE OF OKLAHOMA ) s A r, SS�}
: / fwaafsoi' �/` j (/
COUNTY OF OKLAHOMA) Kyl P. McDonald, Assistant Secretary
On this 31 day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC.
Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me
severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the
Assistant Secretary of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they
each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order
of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary,
respectively, of the Company.
My Commission Expires:
April 21, 2023 Notary Public
Commission #: 11003620
�+►ttlt#its
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY
CERTIFIES that the following resolution is a true and correct excerpt from the July 15 1987, minutes of the meeting of the Board of
Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have
authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business.
On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument
conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or
affixed or in any other manner _reproduced; provided, however, that the seal shall not be necessary to the validity of any such
instrument or undertaking."
IN VITNESS WHEREOF, the undersign:q}fed^this Certificate and affixed the corporate seal of the Corporation this
w
30t' day of November, 2020.
E AF
S E A L
T
4-NEso,* Kyle . McDonald, Assistant Secretary
GR0800-1
Page Intentionally Left Blank
City of Lubbock, TX
RFP 21-15630-JM
Debris Foundation Removal Collapsed Structures Coronado Apartments
Reference Form
Please list three references of current customers who can verify the quality of service your
company provides. The City prefers users of similar size and scope of work. Please do not use
the City of Lubbock.
REFERENCE ONE
Government/ Company Name: I jggg;j� 1104MULM KW4 FA A ! 9 10-h
Address:q'Ro I h
Contact Person and Title: -7ja
Phone: <M 0 - ?? S - LVA5 --Fax:
Emai t'o j-todd@ reesc, C e rr+e (-. co VYI
REFERENCE TWO
Government/ Company Name:
In 0,n, LL
Address: !2107'eYa� y
Contact Person and Title: V-) no- n+
Phone: � � �-��� � Fax:
Dr�n+cA p re 6io n G yahoo CO M
REFERENCE THREE
Government/ Company Name:
Address: i �� 5I irko,R(A- ST-tEl_ ar �LUi.�r k�� 1).ci`io-`I
Contact Person and Title: 1--h n rfl
Phone: ��,Q%0.9 Lo- !4000 Fax:
—, �A
��na ti1 I :. -"n Qm a6c6,.) o p (-e)( Co nsif-u cA �o n . co m
Page Intentionally Left Blank
Contractors Statement of Qualifications
Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the
Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate
evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following
Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of
the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER.
In evaluating a firm's qualifications, the following major factors will be considered:
A. FINANCIAL CAPABILITY:
For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the
CONTRACTOR'S ability to secure bonding satisfactory to the OWNER.
B. EXPERIENCE:
Do the organization and key personnel have appropriate technical experience on similar projects? a
C. SAFETY:
Does the organization stress and support safety as an important function of the work process?
D. QUALITY OF WORK:
(1) Does the organization have a commitment to quality in every facet of their work - the process as well
as the product? %q e5
(2) Does the organization have a written quality philosophy and/or principles that exemplifies their
work? If so, submit as Attachment "A". M 0
(3) Has this organization ever received an award or been recognized for doing "quality" work on a
project? If so, give details under Attachment "A". 40
E. CONFORMANCE TO CONTRACT DOCUMENTS:
(1) Does the organization have a commitment and philosophy to construct projects as designed and as
defined in the Contract Documents?
The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to
require the submission of additional information.
The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the
lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non-
responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and
developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm.
Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any
such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of
the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER
resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages.
Complete the following information for your organization:
Page Intentionally Left Blank
Contractor's General Information
Organization Doing Business AsMaAfiia-
IL Xp C
i)"°FyirM
Qn
Business Address of Principle Office
' ,�
Lo 9Q,L .ram
Telephone Numbers
Main Number
73CLO - ?LOS
Fax Number
VeN ID 9 tc-�� *1 �ir2
Web Site Address
W i El
Form of Business (Check One)
If • Corporation
Date of Incorporation
A Corporation A Partnership An Individual
State of Incorporation
V( 1 15 D,
C-n r
Chief Executive Officer's Name
President's Name
Ki VA+"-,1AP
)!E�
Vice President's Name(s)
n-
Secretary's Name
' Q
.An �v i
�
Treasurer's Name
If a Partnership
Date of Organization
7 -
State whether partnership is general or
limited
If an r dual
Name
KA I"
Business Address
tsAl 6
organizationIdentify all individuals not previously named which exert a significant amount of business control over the
H11
Kh"P
I v I % -
N119. UJ
Indicators of g. r .
Average Number of Current Full Time Average Estimate of Revenue for the
Employees Current Year
C
11
Contractor's Organizational Experience
Organization Doing Business AsncHhSI.-,C',C�
w
Business Address of Regional Office
r
• .p
L C-)C-
Name of Regional Office Manager
'~
ZD
Telephone Numbers
Main Number
+ r
— ycoS
Fax Number
Web Site Address
Organization
List of names that this organization currently, has or anticipates operating under over the history of the organization,
including the names of related companies presently doing business:
Names of Organization
From Date
To Date
"OWON
#r I C. �Ft' i C-) V1 P,
Kina-)
��c A
J�i Q
M ni" 1
CA 91
NOLL)
List of companies, firms or organizations that own any part of the organization.
Name of companies, firms or organization
Percent Own rship
r
Construction Experience
Years experience in projects similar to the proposed project:
As a General Contractor
gm
As a Joint Venture artner
Has this or a predecessor organization ever defaulted on a project or failed to complete any work
awarded to it?
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization been released from a bid or proposal in the past ten years?
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever been disqualification as a bidder or proposer by any
local, state, or federal agency within the last five ears?
If yes provide full details in a separate attachment. See attachment No.
ZIN
Is this organization or your proposed surety currently in any litigation or contemplating
litigation?
KI 0
If yes provide full details in a separate attachment. See attachment No.
Has this or a predecessor organization ever refused to construct or refused to provide materials
defined in the contract documents?
If yes provide full details in a separate attachment. See attachment No.
Contractor's Proposed Key Personnel
Organization Doing Business As �All
YIWCI(102`1
w
ProposedOrganization
Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart.
Include the title and na es of ke p rel ncl de .this chart a�i attacirnent t this description. See atta ent
No.M a A4
Co ner,ancA:5oper
- "
Q\,)ae (10 At f c) ao oq-
N
Quai�
COirv+ro'
�r
it
)cer-c)�- cpOan.
Provide4arief description of the managerial structure propos d for this project and illustrate with an organization
cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this
description. See attachment No.,3
l •
le., n+
Req • �. i�/�/ ..� a /+'^ ��r
C t'c K ]Fu' 0V
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o
Experience of Key Personnel
Provide information on the key personnel proposed for this project that will provide the following key functions.
Provide information for candidates for each of these positions on the pages for each of these key personnel. Also
provide biographical information for each primary and alternate candidate as an attachment. The biographical
information must include the following as a minimum: technical experience, managerial experience, education and
formal training, work history which describes project experience, including the roles and responsibilities for each
assignment, and primary language. Additional information highlighting experience which makes them the best
candidate for the assignment should also be included.
Role
Primary Candidate
Alternate Candidate
Project Manager
. Ch r-
Project Superintendent
Project Safety Officer�-
Quality Control Manager
If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much
time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will
be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided
between this project and their other assignments.
12
Corky Matthews
Superintendent
Roy E Matthews, II
Project Manager, Quality
Control Manager, Safety
Officer
Patrick Fulcher
Safety Officer, Project
Manager, Quality Control
Manager
Holly Matthews
Secretary/Treasurer
Office Manager
Edward Dee Cobbs
Project Manager
Corky Matthews
Superintendent
Roy E Matthews,, II
Project Manager, Quality
Control Manager,
Patrick Fulcher
Safety Officer
Holly Matthews
Secretary/Treasurer
Office Manager
Corky Matthews
Superintendent
Patrick Fulcher
Project Manager, Quality
Control Manager
Roy E Matthews
Safety Officer
Holly Matthews
Secretary/Treasurer
Office Manager
Attachment No. 4
EXPERIENCE OF KEY PERSONNEL
• Corky Matthews, Superintendent, has been doing business for over 40
years in Lubbock, TX. He is the owner and president of Matthews Backhoe,
Inc. He has over 40 years of experience doing demolition and dirt work. He
bids and looks over all jobs and covers the Project Manager or Quality
Control Manager when someone is out. He speaks English.
• Roy E Matthews, II, Project Manager, Quality Control Manager, Safety
Manager. Has been with Matthews Backhoe, Inc. for over 30 years. He is
NESHP trained and carries a current License. Trained in all heavy equipment
operations. He speaks English.
• Patrick Fulcher, Project Manager, Quality Control Manager, Safety Officer.
Has been with Matthews Backhoe, Inc. for over 35 years. He is NESHP
trained and carries a current license. Trained in all heavy equipment
operations. He speaks English.
ATTACHMENT NO. 5
Key Personnel to fulfill more than one role:
Roy E Matthews., II, will be filling two roles: Project Manager and
Quality Control Manager. 50/50
Proposed Project Managers
Organization Doing Business As
Primary Candidate
Name of Individual
"U
_VY-Q F
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
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I ns!]�n
la i �7-7 1:�2 C)
f�(]
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( ble"-
Reference Contact Information(listing names indicates ap2roval to contacting the names individuals as a reference)
Name
Name
9 ro-ep- cA fwz� ca
Title/ Position
a 11*N �`
Title/ Position
Owner
Organization
''
Organization
Telephone
<n. '
Telephone70(c)
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E-mail
es%61
A
� t'a1, ►fie - i
Pro' ect
D
Pro' ect
4A'- v to �' �' C)
Candidate role on FCC) e _ ma clQ .e r—-;�--
6'T
Pro ect 71
Alternate Candidate
Name of Individual
Candidates role �'� "(�� iv1+�,�1C'�, e r
on Project
N dZ P()Jr.1Q2e.F-
Years of Experience as Project Manager
r
Years of Experience with this organization
•'
Number of similar projects as Project Manager
4—
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Pro ect
Estimated Proj ect
Date
t t 4:c - �A'n f)(1 es
EZ-1-
7c--jCompletion
10 t '
'lo
O-C,4C I-V
�;Zo
Refei-ence Contact Infori-nation disting nanics indicates ,yproval
Name �' -
to contacting the
Name
names individtials0s a ref'ci-ence)
Title/ Position
Title/ Position
HA2 C
�
Organization
Organization
Telephone
Telephone%ON
D —48 (0 'Z
E-mail
1
- '
ProjectO-k
Pro' ect
Candidate role on
Project
Pro �
�" '' -�
Candidate role one
Project
FcO�6 r
13
Proposed Project Superintendent
Organization Doing Business As
Pni-nary Candidate
Name of Individual
Years of Experience as Project Superintendent
'
Years of Experience with this organization
Number of similar projects as Superintendent
Number of similar projects in other positions`
Current Project Assignments
Name of Assignment
g
Percent of Time Used for
this Project
Estimated Project
Completion Date
IC 1^-Aq 0. ot)L)OCLiL
C' De nrAn
0
H�Jti
�X r�7r?
i ,
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
k
Name
!
e�
Title/ Position
o 2 ; C
Title/ Position
Organization
'OrganizationLkannrl �� `(x
Telephone
• �,
Tele hone
�'�� ` �'LkDOO
E-mail
•+ '
s *' ,,,
`Pro'
E-mail
n
N
�'1 r►
Project
_
ect
t�
Candidate role on . , ,,..
Project
Name of Individual
Candidate role on
Pro ect
Years of Experience as Project Superintendent
Q en cs,
Years of Experience with this organization
Number of similar projects as Superintendent.
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
1E k iAEA' C yk-�, C
e C V,
Le,ci Len(... ce zn.
?1 441 CW)
tO (r L720
Reference Contact
Name(;
Information (listing naitics indicates approval to contacting the
Name— .
hAt
names individuals as a reference)
"'
Title/ Position'
r ' �'
Title/ Position
Organization
Organization
Telephone
Telephone
°•
E-mail
• ' i' W
-mail
Project?)�hV-A
-;Jr J
Pro' ect
• • • *�
Candidate role on
Pro ect
e i' c� -e
Candidate role on
rrcct
�
14
Proposed Project Safety Officer
Organization Doing Business As
Primary Candidate
Name of Individual
el
LOicne.F
Years of Experience as Project Safety Officer
C5
Years of Experience with this organization
39
Number of similar projects as Safety Officer
--
�1
Number of similar projects in other positions -4 -
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
f ;
FD +� �Anmv ux:) c
ri () � 1
ram°
I! C'�n
MCd� i
U �5 (7/0
y 1 44 1 Z10
-1 1 11 (�- LQ cl-
L 4e c-e-1 Md ( Cfl5 - 0- (11 �209�! '0%
Reference Conta t Inform tion (listing mes indicates a roval to contactingthe names individuals as a reference)
Name
N, C r�
Name
L
' '
Title/ Position
�; "� �'
Title/ Position
00�
Organization
Organization
Telephone
Telephone
- --
E-mail
'"
E-mail en
Project
Candidate role on �C
Project � x
d
Project
k..
Candidate role on S-o . � w-=� �-a� ,�� s
Pro ect �
Alternate Candid'ate(S
Name of Individual
Years of Experience as Project Safety Officer
Years of Experience with this organization
Number of similar projects as Safety Officer
Number of similar projects in other positions
C'2 - -
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
A LOOCIL'
"-%d "
t�e' ,' I 1
Reference Contact
Name
Inforniation (listing names indicates approval
M� �Cj% w'' f" d
it
to contacting the
Name
names individLials as a refcrence)
Title/ Position
Title/ Position
Organization
+�3
-�.-•, ''`'~'
Organization
Telephone
I Telephone
--
a
E-mail
..- MA
E-mail
Project
;� ' '\
vl!+in
Project
-�
v - UJL
Candidate role on
Project
- '�
E
Candidate role on
Pro' ect
� ,i�t. C
� �°-
nA
5M
IN
Proposed Project Quality Control Manager
Organization Doing Business As
Primary Candidatc
Name of Individual
1 '
Years of Experience as Quality Control Manager
Years of Experience with this organization
r �`
Number of similar projects as Quality Manager
c2=.
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Completion Date
E�ni,C
,,�.�. �,, (� �., ; �. , ,�(, ,�, �.
J2_)CC�
Y ,� �. rep
,
Reference Contact Information(listing names indicates approval to contacting the names individuals as a reference)
Name
t-�)
Name
,� - d, �� �- y �-
Title/ Position
a ?' �"
Title/ Position
Organization
� �
Organization
-
Len--,
hone
Telephone
�Tele
,�,�% ,� ~ ram,
ci;�i
E-mail .� �a
E-mail �� "' ,,
Project
-
Project
Candidate role on .,-. iY�,f1�' `•
Project
Alternate Candidate
Name of Individual
Candidate role on �� ' ,� I-
F C Hy r ,.
Project
FC neE
Z) Ll
Years of Experience as Quality Control Manager
Years of Experience with this organization
Number of similar projects as Quality Manager
��--
-
-4aa FS
Number of similar projects in other positions
Current Project Assignments
Name of Assignment
Percent of Time Used for
this Project
Estimated Project
Com lets n D to
tAe
I U 7e,
r
An AXN ��5 C)
l 7+
Name Name -�
Title/ Position
0r
Title/ Position
Organization
Organization
F I 4e-..
- 's .. 339 9
•� w
� a 0 6ianck.
Telephone
Telephone
E-mail
i►
E-mail •�
Pro' ect
th
Project
'
Candidate role on
Project
e- R e- C+- �-
)c
1
Candidate role onMCk
Prqj ect
rx n
Wei
Contractor's Project Experience and Resources
Organization Doing Business As
g g
Projects
Provide a list of major projects that are currently underway, or have been completed within the last ten years on
Attachment A
Provide a description of your organizations approach to completing this project to provide best value for the Owner.
Including a description of your approach in the following areas:
l . Contract administration
2. Management of subcontractor and suppliers
3. Time management
4. Cost control
5. Quality management
6. Project site safety
7. Managing changes to the project
8. Managing equipment
9. Meeting HUB / MWBE Participation Goal
•
Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessar
Equipment Item
Primary Use Project
y onBuy
Own
Will
Lease
Division of W-ork betweeil Organization and Subcontractor
What work will the organization complete using its own resources?
Y111i ulj*� I 1
c obq
oe , T-n C
What work does the organization ro ose to subcontract on thisproject?
C41 U,o- 0- be C o ne
i
-.k"n C 1A
r
17
Contractor's Subcontractors and Vendors
Organization Doing Business As
Project Subcontractors
Provide a list of subcontractors that will provide more than 10 percent of the work (based on contract amounts
Name
Work to be Provided
Est. Percent
of Contract
HUB/MWBE
Firm
rA
Provide information on the proposed key personnel, project experience and a description of past relationship and work
ex erience for each subcontractor listed above usinq the Pro' ect Information Forms.
Equipinetit Vendors
Provide a list of major equipment propose d for use on this project. Attach Additional Information if necessary
Furnish Furnish HUB/M
Vendor Name Equipment / Material Provided Only and WBE
Install Firm
18
Attachment A
Current Projects and Project Completed within the last 10 Years
Project Owner ;•c--�-KC I Project Name C � c lnc:�7
General Description of Project: �' 1
Project Cost C.- (4 Q Date Project Completed ` tI I, CIA �Zn
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name (A W 0 bCD 5
%/0"
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
F) U � Rnont)
es,Cl-'+�J
Designer
Construction Manager
Project Owner
.� cck " (^� ��
Project Name��
� f
General Description of Project: = Y�ac � C:�r
._ E
Project Cost 7>0 ��41"� Date Project Completed
Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control
Manager
Name r!
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Designer
Construction Manager
Project Owner '- Project Name
General Description of Project: �cp o c, d — D r+�,k)n ,r
Project Cost ' " 400 1 Date Project Completedlt;7,0
Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control
p y Manager
Name % ✓
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
�' .,''`
h .,�'
"` r�'�''
�'ti1►�
Designer
Construction Manager
VIM/
0X
Z
Attachment A
Current Projects and Project Completed within the last 10 Years
Project Owner
r00'�
Project Name
General Description of Project: kAA., y4t --- Lk r (�
Project Cost �'C= � Oc Date Project Completed
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality Control
Manager
Name ECI,'
y/
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
E - _ ki-ee-.5ton
=Ctc
_LA' 0�L4
�reiTV6E!,re5A0n&.,J
Designer
Construction Manager
Project Owner
-at, OleProject
NameI
krir-0, A-- LO(Yxi—)
., A
General Description of Project:
Project Cost i "' Date Project Completed 10 1�5
Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control
Manager
R
Name FDA c 1% c. Fa-) b �e
V00"
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
A�
_r--
1 = —
y' -' -' �`Scv
y�
N ��Y1
* LID- e,_ U" 101"i' ;
:54 4
ONO
Designer
.1
Construction Manager
Project Owner Project Name ' — ECAincee
General Description of Project:
Project Cost0c)r'
j
� _
Date Project Completed
� � ,'�'C)
Key Project Personnel
-
Project Manager
Project Superintendent
Iel.
Safety Officer
Quality Control
Manager
_%
Name L '�_ k:�J M alnall - � ) S
b
A.�
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
TelephW-Wone
E-mail
Owner
o s► ", f—
L(n),t�(1
, r
Designer
Construction Manager
rA1
19
Attachment A
Current Projects and Project Completed within the last 10 Years
Project Owner t�6j c.± Lu b bo, C_CC7 Project Name '
q k C: S a+e-
General Description of Project.
Project Cost
Date Project Completed
KeyProject Personnel
J
Project Manager
J g
Project Superintendent
J p
Safety Officer
y
Quality Control
Manager
Name Er �g(, ''`' bb 1.
'1
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
'Ecu cc V
cocVle-SL
Designer
Construction Manager
Project Owner
Ar
Project Name
1
f_�ooiol \nn
General Description of Project:
{
Project Cost. Date Project Completed°
KeyProject Personnel Project Manager Project Superintendent Safety Officer Quality Control
J J g J p Y Manager
Name L1
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
(:(,�D lamFlo
`
GZ
Designer
A
Construction Manager
Project Owner Project Name,,+�
General Description of Project: �'' C
ftu
Project Cost
ON0 crl� may,
Date Project Completed
'2
KeyProject Personnel
J
Project Manager
J g
Project Superintendent
J p
Safety Officer
Y
Quality Control
Manager
Name",`I's
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
�~ �
Designer
Construction Manager
19
Attachment A
Current Projects and Project Completed within the last 10 Years
Project Owner �' " ' Project Name
General Description of Project: �' --P4- ,
Project Cost Date Project Completed,'
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality ControlManager
Name R6f%c
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mailFilm
Owner
-
`� •'C' , i
`-
Designer
Construction Manager
Project Owner
`
Project Name
t h (lkin
General Description of Project:c:l i (+I o F
Project Cost
v
Date Project Completed
Key Project Personnel
Project Manager
Project Superintendent
Safety Officer
Quality ControlManager
Name
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
�A c4V LA u C ON
a lo f '�
Designer
Construction Manager
Project Owner
I I
Project Name
General Description of Project:
Project Cost
Date Project Completed
Key Project Personnel
Project Manager
J g
Project Superintendent
J p
Safety Officer
y
Quality Control
Manager
Name
Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)
Name
Title/ Position
Organization
Telephone
E-mail
Owner
Designer
Construction Manager
200A
IN
Attachment B
Prnipet Infnrmatinn
Project Owner 451 _ _ J
Project Name
General Description of Project
Budget History
Schedule Performance
Amount
% of Bid
Date
Days
Amount
Bid
Notice to Proceed
Change Orders
Contract Substantial Completion Date at Notice to Proceed
Owner Enhancements
Contract Final Completion Date at Notice to Proceed
Unforeseen ConditionsVf-Change
Order Authorized Substantial Completion Date
Design Issues
Change Order Authorized Final Completion Date
Total
Actual / Estimated. Substantial Completion Date
Final Cost k OC'o C1
Actual / Estimated Final Completion Date
10
Project Manager Project Sup Safety Officer
Quality Control Manager
Name.
,5
Coe Y. PaA Luu� I dwt,
hews
Percentage of Time Devoted to the Project
Proposed for this Project
Did Individual Start and Complete the Project?
If not, who started or completed the project in their place.
\4 -C'
Reason for change.
' - . .
.•
Na me Title/ Position Organization Telephone
77 7
E-mail
Owner -�own-ec,C:
Rr 04ht itC
Designer
Construction Manager
Suret
Wean tM
Number of Issues Total Amount involved in
Number of Issues Total Amount involved in
Resolved Resolved Issues
Pending Resolved Issues
20
Attachment B
Prnippt infnrmatinn
Project Owner
Project Name �, �, f CIA
General Description of Project
-�ion n dre
F
Budget History
Schedule Performance
Amount
% of
Amount
Bid
Date
Days
Bid
ocd 6450 00
Notice to Proceed
Change Orders
Contract Substantial Completion Date at Notice to Proceed
Owner Enhancements
Contract Final Completion Date at Notice to Proceed
Unforeseen Conditions
Change Order Authorized Substantial Completion Date
Design Issues
Change Order Authorized Final Completion Date
Total
Actual / Estimated Substantial Completion Date
Final Cost
Actual / Estimated Final Completion Date
(
•
' • •600
Project Manager Project Sup Safety Officer
Quality Control Manager
Name
. `'
►
CC
r
Percentage of Time Devoted to the Project
50
Proposed for this Project
Did Individual Start and Complete the Project?
If not, who started or completed the project in their place.
Reason for change.
Name Title/ Position
Organization Telephone
E-mail
Owner
- _ l_-cAe
y
�`'��► •
Designer
6 C i
Construction Manager
Surety
3 174M •
Number of Issues Amount involved in7
rTotal
Number of Issues Total Amount involved in
Resolved Resolved Issues
Pending Resolved IssuesVf
20
City of Lubbock, TX
Insurance Requirement Affidavit
To Be Completed by Offeror
Must be submitted with Proposal
Offeror, certify that the insurance requirements contained in this proposal document have been reviewed
I, the undersignedfy .
nd m Insurance A ent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten
by me a y g
(10) bus g mess days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the
City meeting all of the requirements defined in this proposal.
ginal Signature)
aof- Mal
Contra or (Print)
R
P �
CONTRACTOR'S BUSINESS NAME:
-M
(Print or Type)
CONTRACTOR'S FIRM ADDRESS:
9(ALt5;;7
NOTE TO CONTRACTOR
If the time re p
requirement specified above is not met, the City has the right to reject this proposal and award the
q
ct to another contractor. If you have any questions concerning these requirements, please contact the
contra
Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
REP 21-15630-JM - Debris Foundation Removal Collapsed Structures Coronado Apartments
Page Intentionally Left Blank
Safety Record Questionnaire
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code,
and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section
252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for
accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the
past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army
Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection
Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed,
pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and
judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
offeror and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four
(4) questions and submit them with their proposals:
QUESTION ONE
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO V
If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed.
0 ?..,M Offeror's Initials
2
Page Intentionally Left Blank
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!4/
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO
If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its
proposal submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed.
QUESTION FOUR
Provide your company's Experience Modification Rate and supporting information:
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this 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 maN�� u posal to be rejected.
Title
2
City of Lubbock, TX
RFP 21-15630-JM
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:
W
FEDERAL TAX ID or SOCIALeSECURITY D�� `T '- 4)
Signature of Company Official:
Printed name of company officialX*�ping ove:
v
Date Signed:
City of Lubbock, TX
House Bill 89 Verification
RFP 21-15630-JM
I,C ch N � U C..:2 (Person name), the undersigned representative of (Company or
Business Na e) I r
-Vh oe i:16 C
(hereafter referred to as company) being an adult over the age of eighteen(18)Years of age, do hereby
depose and verify under oath that the company named -above, under the provisions of Subtitle F, Title 10,
Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above -named
Company, business or individual with the City of Lubbock acting by and through City of
Lubbock.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking
any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled
territory, but does not include an action made for ordinary business purposes; and
2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership,
joint venture, limited partnership, limited liability partnership, or any limited liability company,
including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those
entities or business associations that exist to m r_ .
so
DATE NA URE OF COMPANY
REP ENTATIVE
Page Intentionally Left Blank
PROPOSED LIST OF SUB -CONTRACTORS
Company Name Location
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
11.
12.
13.
14.
15.
16.
Services Provided
Minority Owned
Yes No
❑ ❑
❑ ❑
❑ ❑
❑ ❑
E] ❑
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
SUBMITTED BY:
RFP 21-15630-JM - Debris Foundation Removal Collapsed Structures Coronado Apartments
Page Intentionally Left Blank
POST-CLOSING DOCUMENT REQUIREMENTS
The below-listed document must be received in the Purchasing and Contract Management Office
Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due.
FINAL LIST OF SUB-CONTRACTORS
Page Intentionally Left Blank
Company Name
1.
2.
3.
4.
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16.
FINAL LIST OF SUB -CONTRACTORS
Location
Services Provided
SUBMITTED BY:
nC
(PRINT NAME OF4_40MPANY)
Minority Owned
Yes No
❑ ❑
❑ ❑
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❑ ❑
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❑ ❑
❑ ❑
❑ ❑
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THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS
DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
RFP 21-15630-JM - Debris Foundation Removal Collapsed Structures Coronado Apartments
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PAYMENT BOND
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1
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of ($ ) lawful money of the United States for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, execut ors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 2020,
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 acc ordance with the provisions of said Article to
the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
________ day of __________________ 2020.
________________________________ ________________________________
Surety (Company Name)
*By:_____________________________ By:_____________________________
(Title) (Printed Name)
________________________________
(Signature)
________________________________
(Title)
2
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates ____________________ an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
_____________________________
Surety
* By: _________________________
(Title)
Approved as to form:
City of Lubbock
By: ____________________________
City Attorney
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
PERFORMANCE BOND
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1
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of ($ ) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 2020,
to
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas
Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to
the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this ___ day
of ____________________, 2020.
____________________________ ________________________________
Surety (Company Name)
* By: _______________________ By:_____________________________
(Title) (Printed Name)
________________________________
(Signature)
________________________________
(Title)
2
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
______________________________ an agent resident in Lubbock County to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
_______________________
Surety
*By:____________________
(Title)
Approved as to Form
City of Lubbock
By: ____________________
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
CERTIFICATE OF INSURANCE
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CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:_____________________
P.O. BOX 2000,
LUBBOCK, TX 79401 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 acco rdance with the provisions
of the standard policies used by this company, the further hereinafter described. E xceptions to standard policy noted hereon.
TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS
DATE DATE
GENERAL LIABILITY
Commercial General Liability General Aggregate $________________
Claims Made Products-Comp/Op AGG $________________
Occurrence Personal & Adv. Injury $________________
Owner’s & Contractors Protective Each Occurrence $________________
___________________________ Fire Damage (Any one Fire) $________________
$________________ Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
Any Auto Combined Single Limit $________________
All Owned Autos Bodily Injury (Per Person) $________________
Scheduled Autos Bodily Injury (Per Accident) $________________
Hired Autos Property Damage $________________
Non-Owned Autos
___________________________
GARAGE LIABILITY
Any Auto Auto Only - Each Accident $_______________
___________________________ Other than Auto Only:
Each Accident $_______________
Aggregate $_______________
BUILDER’S RISK
100% of the Total Contract Price $_______________
INSTALLATION 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
By:
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto General
Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. THE ADDITIONAL INSURED
ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS.
C O N T R A C T O R C H E C K L I S T
A CONTRACTOR SHALL:
_____ (1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
_____ (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior
to beginning work on the project;
_____ (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
_____ (4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services
on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
_____ (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
_____ (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of coverage
of any person providing services on the project;
_____ (7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission
rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the following
text provided by the commission on the sample notice, without any additional words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM
OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED
SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL
LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS
OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF
THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR’S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
COPIES OF THE ENDORSEMENTS ARE REQUIRED.
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must be
covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and
materials, or providing labor or transportation or other service related to the project , regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report
an employer's failure to provide coverage." and contractually require each person with whom it contracts
to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(D) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(E) retain all required certificates of coverage on file for the duration of the project and for one y ear
thereafter;
(F) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(G) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
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CONTRACT
IContract 15630
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 15th day of Decembers2020 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Matthews Backhoe Inc. of the City of Lubboc County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
REP 21-15630-JM Debris Foundation Removal Collapsed Structures Coronado Apartments
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Condition of Agreement. Matthews Backhoe. Inc. proposal dated November 30 2020 is
incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
COMPLETE ADDRESS:
Company
Address
City, State, Zip
A
CITY OF UBBOC , TE AS (OWNER):
By:
Daniel M. Pope, Mayoru
ATTEST:
lie&c&L arza, City Secre
APPROVED AS TO CONTENT:
Facilities Ma4gement
Ad
Name (Prin ) Date
PL
VED TO FbRM:
isure, Assistant City Attorney
CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
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CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY
This questionnaire reflects changes made to law by H.B. 23, 84th Leg., Regular Session
Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the
Office of the City Secretary’s Office. Local government officers are also required to file when a conflict exists.
The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a
business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets
the requirements under Section 176.006(a).
By law this questionnaire must be filed with the City Secretary’s Office of the local governmental entity no later
than the 7th business day after the date the vendor becomes aware of the facts that require the statement to be
filled.
Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts
Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors).
The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase
of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire"
regarding the vendor's business relationships, if any, with Council Members or the City Manager.
Compliance is the responsibility of each individual, business or agent who is subject to the law's filing
requirement. Questions about compliance should be directed to your legal counsel.
Office of the City Secretary
1314 Avenue K, Floor 10
Lubbock, Texas, 79401
Questionnaire is available at https://ci.lubbock.tx.us/departments/purchasing/vendor-information
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CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES
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Texas Government Code 2252.908
Disclosure of Interested Parties
Form 1295
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section
2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to
file with the governmental entity or state agency a disclosure of interested parties at the time the business entity
submits the signed contract to the governmental entity or state agency.
§2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new
disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be
signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made
under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or
vote by the governing body of the governmental entity or state agency before the contract may be signed or has
a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section.
House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016.
An interested party is defined as a person who has a controlling interest in a business entity with whom a
governmental entity or state agency contracts or who actively participates in facilitating the contract or
negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business
entity.
Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires
registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, signing
the form, and returning the form to City of Lubbock Purchasing & Contract Management Department.
Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with
the project will log-in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than
the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will
complete the form for the contract with which the form is associated. The completed form will be made
available via the Texas Ethics Commission website.
Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed
instructions are located at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
PLEASE DO NOT COMPLETE FORM 1295 UNTIL YOU HAVE BEEN NOTIFIED OF CONTRACT
AWARD AND REQUESTED TO ELECTRONICALLY FILE FORM 1295 WITH THE TEXAS ETHICS
COMMISSION.
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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 Matthews Backhoe, Inc. 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 Everett, Director of Facilities Management, so
designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or
inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors
or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise
the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror
for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to
herein as the "contract" or "contract documents".
5. 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.
2
8. CONTRACTOR’S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless otherwise
specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor
shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described
in words which so applied have well known, technical or trade meaning shall be held to refer such recognized
standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check
the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's
request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in
accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner’s
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner’s Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner’s
Representative’s rights of entry hereunder, the Owner’s Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
The Contractor is responsible for construction layout based on the control provided in the construction documents.
All lines and grades shall be furnished whenever Owner’s Representative (as distinguished from Resident Project
Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by
these contract documents or the completion of the work contemplated by these contract documents. Whenever
necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and
grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced
by the Owner's Representative at Contractor's expense.
3
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative (as distinguished from Resident Project Representative(s))has the authority to review all work
included herein. The Owner’s Representative has the authority to stop the work whenever such stoppage may be
necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine
the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and
shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide
every question which may arise relative to the execution of this contract on the part of said Contractor. The decision
of the Owner’s Representative shall be conclusive in the absence of written objection to same delivered to Owner’s
Representative within fifteen (15) calendar days of any decision or direction by Owner’s Representative. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project
Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work
done under this Agreement, and to see that said material is furnished and said work is done in accordance with the
specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate
engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall
regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed,
when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans
and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all sa tisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the work and
lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor
and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor’s agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work,
and the general and local conditions, and all other matters which in any way affect the work under the contract
documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner’s
Representative either before or after the execution of this contract, shall affect or modify any of the terms or
obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications
4
and/or amendments to the contract documents, shall be in writing, and executed by Owner’s Representative and
Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
Contractor in writing that any person or persons on the work, are, in Owner’s Representative’s sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner’s Representative, such person or
persons shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conserva tion, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of workers or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by
the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent
required by the contract documents. The Owner or Owner's Representative shall have the right at all times to
observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access
for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall
ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall
give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's
Representative may reject any such work found to be defective or not in accordance with the contract documents,
regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether
Owner's Representative has previously accepted the work. If any such work should be covered without approval
or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination
at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location
where it is not convenient for Owner or Owner's Representative to make observations of such work or require
testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner
or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform
such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in
accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable
organization as may be required by law or the contract documents.
5
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 Own er shall make such changes or
alterations as shall make useless any work already done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required
by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or
addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's
proposal, except as provided under Changes and Alterations in Paragraph 23.
It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extr a work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
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Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent to the firm actually performing the work, and
additional higher-tier markups limited to 5% to cover additional overhead and insurance
costs; or (2) the amount that would have been charged by a reasonable and prudent
Contractor as a reasonable and necessary cost for performance of the ex tra work, as
estimated by the Engineer and approved by the Owner..
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incu rred,
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 Contract or. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%,
unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated
General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment
shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid
to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not embraced within the actual field cost as herein
defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such
Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner’s Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these
plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification
obtained before the proposals are received, and if no such notice is received by the Owner's Representative
prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to
be included and has provided sufficient sums in its proposal to complete the work in accordance with these
plans and specifications. If Contractor does not notify Owner’s Representative before offering of any
discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are
sufficient and adequate for completion of the project. It is further agreed that any request for clarification
must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a
7
requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed
that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress
herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to 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 Engineer
and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims
and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated,
including, but not limited to, attorneys’ fees and expenses, in connection with, incident to, related to, or arising out
of, the Contractor’s or any subcontractor’s, agent’s or employee’s, in any manner whatsoever, omission, execution
and/or supervision of this contract, and the project which is the subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners
or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as
reminders to the Contractor of its duty and shall not be construed a s any assumption of duty to supervise safety
precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas
and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or
any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of
insurance, required herein, including policies of insurance required to be provided by Contractor and its
subcontractors, shall contain a waiver of any and all of the insurer’s or payor’s, in the event of self-insurance, rights
to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of
any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity
with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall
cover all operations in connection with this contract, whether performed by t he 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. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE
CONTRACTOR’S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF
COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE
REQUIRED.
A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined
Single Limit in the aggregate and $1,000,000 per occurrence to include:
Products & Completed Operations Hazard
Contractual Liability
Personal Injury & Advertising Injury
Med Exp (Any one Person)
B. Owner's and Contractor's Protective Liability Insurance – NOT REQUIRED
C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1,000,000 Combined Single Limit per occurrence, to include all owned
and non-owned cars including: Employers Non-ownership Liability Hired and Non-owned Vehicles.
D. Builder’s Risk Insurance/Installation Floater Insurance – NOT REQUIRED
E. Pollution Liability - $1,000,000
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $1,000,000
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code)
- includes all persons or entities performing all or part of the services the Contractor has undertaken
9
to perform on the project, regardless of whether that person contracted directly with the Contractor
and regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner-operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
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.
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 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
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project,
for the duration of the project;
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(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom
they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the duration
of the project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-insured, with the commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor does
not remedy the breach within ten days after receipt of notice of breach from the governmental
entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
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(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the proposal specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current coverage
and report failure to provide coverage. This notice does not satisfy other posting
requirements imposed by the Texas Worker’s Compensation Act or other commission
rules. This notice must be printed with a title in at least 30-point bold type and text in at
least 19-point normal type, and shall be in both English and Spanish and any other language
common to the worker population. The text for the notices shall be the following text
provided by the commission on the sample notice, without any additional words or
changes:
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REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000
(www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to
verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
“By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will provide
services on the project will be covered by workers’
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance
carrier or, in the case of a self-insured, with the commission’s
Division of Self-Insurance Regulation. Providing false or
misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or
other civil actions.”;
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
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(vi) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and
employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising
out of, in any way, manner or form, the demands of subco ntractors, laborers, workmen, mechanics, material men
and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance
of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor
shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save
the Owner and Engineer, and all of its officers, agents and employees harmless from any los s on account thereof,
except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary,
if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor
shall be responsible for such loss unless it gives written notice of such infringement to the Owner’s Representative
prior to offering.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of
any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the
14
Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's
Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract
for changes in the work. In the absence of timely written notification to Owner’s Representative of such variance
or variances within said time, any objection and/or assertion that the plans and specifications are at variance with
any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees
or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, Contractor shall bear all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though
embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full o bligations to the Owner, as
provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning
and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be
done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the
work embraced in this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may
withhold permanently from Contractor's total compensation, the sum of $25 PER CONSECUTIVE CALENDAR
DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every
working day that the Contractor shall be in default after the time stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into consideration
the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is
fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would
sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is
a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be
not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work in such order of precedence, and in such manner as shall be most conductive to
economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business
day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in
the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor
received said determination in writing from the City. Further, when the Owner is having other work done, either by
contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative)
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may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and
the construction of the various works being done for the Owner shall be harmonized. Additionally, inclement
weather shall be the only other reason consistent, daily prosecution of the work may not take place on those
inclement weather days.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules
which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor
will start the several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly
agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work
has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other
contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the
public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting
forth all justifications, in detail, for the request, and submitted to Owner’s Representative within twenty (20)
calendar days of the occurrence of the event causing said delay. A failure by Owner’s Representative to
affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor
shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request
for extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workers, or any other cause or occurrence. No charge shall be made by the Cont ractor 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 l ength,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material to
be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be
estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. In the event the amount of work to be do ne and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project, provided that the over
run or under run of estimated quantities32 note exceed 15% of the estimated quantity.
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39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under this
agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for
any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting,
in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees
to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against
any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or
growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
such price in full for furnishing all materials and all labor required for the aforesaid work, also, f or all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work.
Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative
with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work.
Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding
liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final
payment of the contract price shall constitute a waiver of all claims against Owner, Owner’s agents and employees,
which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said application for partial payment if submitted, and the
progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial
payment showing as completely as practical the total value of the work done by the Contractor up to and including
the last day of the preceding month. The determination of the partial payment by the Owner’s Representative shall
be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained
until final payment, and further, less all previous payments and all further sums that may be retained by Owner
under the terms of the contract documents.
Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent
standard retainage until actually incorporated into the project.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce
the express terms of the contract documents, and all remedies provided therein, as to any and all work pe rformed,
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to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment
is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner’s Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the
issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the
work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner’s Representative of final completion. Upon writ ten notice of
final completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner’s Representative determines final completion has occurred, Owner’s
Representative shall so certify to the Owner. Upon certification by Owner’s Representative of final completion,
Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to
the requirements of the contract documents. Contractor shall also bear the expense of re storing all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the
Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all
claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or
relating to such correction or removal.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of two (2) years from the date of certification of final completion by Owner’s
Representative.
46. PAYMENT WITHHELD
The Owner or Owner’s Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed,
(b) Claims filed or reasonable evidence indicating possible filing of claims,
(c) Damage to another contractor,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
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(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner,
(g) Failure to provide Project photographs required by Specifications.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner’s Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner’s Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner’s Representative,
said objections shall be deemed denied. Any decision by the Owner’s Representative, or deemed denial by the
Owner’s Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance
by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver
of the right to assert any claim against Owner, Owner’s agents and employees and Owner’s Representative, by
Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered
to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further
notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of th e
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit
therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under
paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
(a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be
deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the
sum which would have been payable under this contract, if the same had been completed by the Contractor,
then said Contractor shall receive the difference. In case such expense is greater than the sum which would
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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 Suret y shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which would
have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited
therewith.
In the event the Owner’s Representative elects to complete the work, as described above, when the work shall have
been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided
in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts,
certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his
Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance
due as reflected by said statement within 30 days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when
the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then
all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the
Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work,
notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and
his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing, or other giving of s uch 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 th e
Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such
sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private
sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools,
materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if
applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph
shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies
hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law,
equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34,
hereinabove set forth.
49. LIMITATION ON CONTRACTOR’S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
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50. BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the
Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount
of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted
on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury’s “Approved” list
and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until
such bonds are so furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor’s performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials
and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case
of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may
be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbe stos, 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
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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, i n all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
56. NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for
the goods or services provided under the contract, the City will terminate the contract, without termination charge
or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current
year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time fun ds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30)
days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated
under this contract beyond the date of termination.
57. THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized
audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to
audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit
by the City reveals any errors/overpayments by the City, Contractor shall refund the C ity the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct
such amounts owing the City from any payments due Contractor.
58. NON-ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
59. CONTRACTOR ACKNOWLEDGES
Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and
will be in full compliance with all terms and conditions and the descriptive material contained herein and any
additional associated documents and Amendments. The City disclaims any terms and conditions provided by the
Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions
and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting
terms shall be of no force or effect.
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60. HOUSE BILL 2015
House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to
be imposed on a person who contracts for certain services with a governmental entity and who fails to properly
classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly
classify individuals performing work under a governmental contract will be penalized $200 for each individual that
has been misclassified (Texas Government Code Section 2155.001).
61. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908
requires a business entity entering into certain contracts with a governmental entity or state agency to file with the
governmental entity or state agency a disclosure of interested parties at the time the business entity submits the
signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be
signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under
oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the
governing body of the governmental entity or state agency before the contract may be signed or has a value of at
least $1 million. Instructions for completing Form 1295 are available at:
https://ci.lubbock.tx.us/departments/purchasing/vendor-information
62. TEXAS GOVERNMENT CODE SECTION 2252.15
The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is
not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to
have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately
preceding sentence, “foreign terrorist organization” shall have the meaning given such term in Section 2252.151,
Texas Government Code.
63. CHAPTER 2270 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
Section 2270.002, Government Code, (a) This section applies only to a contract that:
(1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A
governmental entity may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract.
64. CONTRACTOR ACKNOWLEDGES
Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands,
and will be in full compliance with all terms and conditions and the descriptive material contained herein and any
additional associated documents and Amendments. The City disclaims any terms and conditions provided by the
Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein
shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any
prior conflicting terms shall be of no force or effect.
65. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the
contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or
intentionally fails to comply with a requirement of that subchapter.
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To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1)
preserve all contracting information related to the contact as provided by the records retention requirements
applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body
any contracting information related to the contract that is in the custody or possession of the entity on request of the
governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body
all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve
the contracting information related to the contract as provided by the records retention requirements applicable to
the governmental body.
66. HB 89
The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying
that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2270.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited liability
company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or
affiliate of those entities or business associations that exist to make a profit.
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24
CITY OF LUBBOCK WAGE DETERMINATIONS
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25
EXHIBIT A
City of Lubbock
Building Construction
Prevailing Wage Rates
Craft
Hourly Rate
Hourly Rate
Automatic Fire Sprinkle Fitter, Certified 28.00
Block, Brick, and Stone Mason 23.00
Carpenters-Acoustical Ceiling Installation 16.00
Carpenter-Rough 13.00
Carpenter-All other work 16.50
Caulker/Sealers 12.00
Cement & Concrete Finishers 16.67
Commercial Truck Drivers 10.26
Crane & Heavy Equipment Operator 20.00
Door & Hardware Specialist 16.00
Drywall and Ceiling Tile Installers 16.00
Drywall Finishers & Tapers 12.00
Electrician 21.21
Floor Layers-Carpet and Resilient 18.00
Floor La yers-Specialty 18.00
Floor La yers-Wood 18.00
Glaziers 17.00
Heating, Air Conditioning & Refrigeration Svc. Tech 21.31
HVAC Mechanic Helper 13.62
HVAC Sheet metal Ductwork Installer 19.30
HVAC Sheet metal Ductwork Installer Helper 13.85
Insulation Workers-Mechanical 12.00
Irrigator-Landscape Certified 13.50
Laborer: Common or General 11.65
Laborer: Mason Tender-Brick 17.00
Laborer: Mason Tender-Cement/Concrete 16.92
Laborer: Roof Tear off 11.09
Roofer 17.44
Painters (Brush, Roller & Spray) 12.00
Paper Hanger 13.00
Pipe Fitters & Steamfitters 24.10
Plaster, Stucco, Lather and EIFS Applicator 17.00
Plumber/Medical Gas Installer 22.83
Plumber Helper 14.20
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EXHIBIT B
City of Lubbock
Heavy and Highway
Prevailing Wage Rates
Craft Hourly Rate
Power Equipment Operator-Tower Crane 30.00
Hydraulic Crane Operators 60 tons & above 32.00
Operator Backhoe/Excavator/Truck hoe 20.25
Bobcat/Skid Steer/Skid Loader 15.22
Drill 16.00
Grader Blade 18.00
Loader 18.00
Mechanic 22.85
Paver (Asphalt, Aggregate, & Concrete) 17.00
Roller 15.00
Reinforcing Iron & Rebar Workers 14.33
Sheet Metal Workers, Excludes HVAC Duct Installation 21.38
Structural Iron & Steel Workers/Metal Building Erector 15.00
Asphalt Distributor Operator
16.50
Asphalt Paving Machine Operator/Spreader Box Operator 18.75
Backhoe Operator 18.00
Cement Mason/Concrete Finishers (Paving Structures) 15.00
Crane Operator (Hydraulic) 25.00
Electrician 17.50
Laborer 13.50
Laborer, Common 15.64
Laborer, Utility 13.50
Crane, Lattice Boom 80 Tons or Less 30.00
Loader/Backhoe 18.00
Roller/Other 15.00
Welder Certified/Structural Steel Weld 25.00
EXHIBIT C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standard
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SPECIFICATIONS
City of Lubbock, TX
RFP 21-15630-JM
Debris Foundation Removal Collapsed Structures Coronado Apartments
Specifications
1. SCOPE OF WORK:
This request is for the removal of debris associated with two burned out and collapsed
structures. Remove and haul asbestos contaminated building material and concrete
foundations using National Emissions Standards for Hazardous Air Pollutants (NESAHP)
methods to appropriate landfill. Debris includes two burned/collapsed apartment buildings
including foundations located at 1017 East 29th Street Lubbock, Texas. Backfill may be
required to leave a clean level lot. The City can accept this waste with certain restrictions that
will need to be met to satisfy the City of Lubbock Solid Waste Landfill requirements. If you
are not using the City of Lubbock please provide where waste is being transported.
2. DEMOLITION:
A. Completely dismantle and demolish all of the structure and improvements located on said
parcels not within the public right of way.
B. All utilities, including sanitary sewer outlets, shall be capped after the structure has been
removed.
C. Contractor will be responsible for locating, marking, and protecting all utilities.
D. Septic tanks, storm cellars, etc. shall be filled with authorized fill material and need not be
removed.
E. Contractor shall utilize wet demolition techniques during all demolition work at the site.
F. Contractor shall ensure that no visible emissions (visible dust) are created during the
project. All debris loads leaving the premises shall be covered with a tarpaulin or sprayed
with water to minimized dust loss during transportation.
3. AUTHORIZED PERMITS:
A. Before starting demolition, the Owner, Agent or Contractor must secure a Demolition
Permit from the Building Inspection Department, located on the 1st floor of the Lubbock
Citizens Tower, 1314 Avenue K, Lubbock, TX 79401, telephone: (806) 775-2087.
B. Before starting demolition, the owner, agent or contractor must assure all utilities are
disconnected.
C. Improvements shall not be moved to or reassembled in any other or new location unless
approved by the Owner’s Representative.
4. REMOVAL:
A. Removal of all material, debris, other improvements (i.e. fences, etc.) from said parcel or
parcels and any structure thereon so that the property will be cleared of all such
improvements. All debris will be removed and properly disposed of offsite.
B. If applicable, underground fuel tanks shall be removed from site; excavation shall be filled
with authorized fill material of adequately compacted earth.
5. TIMEFRAME:
A. The Contractor shall demolish and remove all material from said parcel within 30
consecutive calendar days from commencement as stated in the Notice to Proceed.
6. AUTHORIZED FILL MATERIAL:
A. Shall be free of all organic materials, including wood, upholstery or bedding materials,
cloth, paper, trash etc.
B. Concrete, stone or brick masonry assemblies, etc. are permitted in fill if this material and
other rubble are covered with earth, permitting a use of more of a raked-clean condition
(Suggest two (2) feet topsoil).
7. FINISHED SITE:
A. The ground shall be left in a clean (raked) condition and without any debris, trash etc.; and
suitable for maintenance by others.
B. The site shall be graded to provide adequate drainage; ponding of water will not be
permitted.
8. PRE-DEMOLITION REQUIREMENTS:
A. Contractor MUST schedule a meeting with the Owner’s Representative at the jobsite, prior
to the execution of a Notice to Proceed.
B. Once a Notice to Proceed has been issued to the contractor, the contractor shall provide the
Owner’s Representative 48-hour advance notice prior to commencing work.
Notice: The City of Lubbock reserves the right to remove any fixtures or personal property from
the premises prior to demolition of the structure. Award of a contract for demolition does not
automatically entitle an owner, agent, or contractor to possession of property which is present in
the structure at the time the contract is awarded.