HomeMy WebLinkAboutResolution - 2023-R0569 - Service Contract 17592, With MH Civil Constructors, Inc - 12/05/2023Resolution No. 2023-R0569
Item No. 5.5
December 5, 2023
RESOLUTYON
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, Service Contract No. 17592 for Consri-uction Services
for Repair of Drainage Infrastructure as per RFP 24-17592-KM, by and between the City of
Lubbock and MH Civil Constructors, Inc., of Amarillo, TX, 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 5, �023
TRAY Y •, MAYOR
ATTEST:
Cou ney Paz, City Secretary
APPROVED AS TO CONTENT:
�� Gtil
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
ccdocs/RES.ServiceContract 17592 Construction Services for Repair of Drainage Infrastructure
11.14.23
Resolution No. 2023-R0569
Contract 17592
City of Lubbock
Construction Services for Repair of Drainage Infrastructure
Agreement
This Service Agreement (this "Agreement") is entered into as of the Sthday of December 2023
("Effective Date") by and between MH Civil Constructors, Inc. (the Contractor), and the City of Lubbock
(the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 24-17592-KM, Construction Services for
Repair of Drainage Infrastructure and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Construction
Services for Repair of Drainage Infrastructure, upon terms and conditions maintained in this Agreement;
and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A— General Requirements
3. Exhibit B— Schedule of Rates Proposal Form
4. Exhibit C— Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B and Exhibit C attached hereto.
Article 1
1.1 The contract shall be for a term of one (1) year, with the option of four (4), one year extensions, said
date of term beginning upon formal approval. This Contract will renew automatically for the
additional terms, unless either Party gives 90-day written notice to terminate the Contract.
1.2 All stated annual quantities are approximations of usage during the time period to be covered by
pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting
contract.
1.3 The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is
on file with the Purchasing and Contract Management Department as required by contract or contract
may be terminated for non-compliance.
1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice.
The City of Lubbock reserves the right to award the canceled contract to the next lowest and best
bidder as it deems to be in the best interest of the city.
ArNcle 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or 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 to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 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.
2.10 The City reserves the right to exercise any right or remedy 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.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract insurance requirements document, this
provision shall control.
2.12 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.
2.13 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.14 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. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract 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.
2.15 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas 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.
2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association or (2)
the verification required by Section 2274.002 of the Texas Government Code does not apply
to the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verification is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.18 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its
elected officials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
CITY OF LUBBOCK
Tray Payne, ar W ^
TTEST:
Courtney Paz, City Secretary
CONTRACTOR
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Jose A. Tellez
Print Name
621 SW 6th Ave
Address
APPROVED AS TO CONTENT:
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Mike Keenum, Division Director of
Engineering 1 City Engineer
Amarillo, TX 79101
City, State, Zip Code
APPROVED AS TO FORM
Kel i Leisure, Senior Assistant City Attorney
Exhibit A
City of Lubbock, TX
RFP 24-17592-KM
Construction Services for Repair of Drainage Infrastructure
GENERAL REQUIREMENTS
1. INTENT
a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and
individuals, (hereinafter called "Proposer") to provide a Construction Services for Repair of
Drainage Infrastructure contract.
b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing
these services.
c) The information contained within this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection.
2. BACKGROUND
Throughout the city of Lubbock there are numerous drainage improvements in various stages of disrepair
that need repair or replacement. Severe cases may even subject some of the City's infrastructure to
failure and are in need of replacement or repair. Repair and/or reconstruction of these channels will
attempt to minimize future erosion and safety concerns in these areas. Complaints and the underlying
safety hazards associated with the drainage infrastructure necessitate ongoing repairs. This service
contract will provide the opportunity to have a contractor identified that can respond quickly and is
capable of making the necessary repairs as problems are identified.
3. SCOPE OF WORK
The Contractor shall have the ability to make repairs andlor replace existing drainage infrastructure. The
types of repairs will vary based on the specific situations, and materials such as gabion baskets, turf
reinforcement mats, rock riprap, concrete lining, and more are expected to be used for the repairs. Most
of the existing failures are in or around drainage channels that have experienced erosion due to possibly
undersized drainage capacity or wave action undercutting of structures. This service contract will help
to repair many of these instances that are present all over town. Specific direction will be provided by
the Engineering Department as to which particular location needs attention and which methodology will
be utilized. The Contractor must be able to mobilize and respond quickly, especially at times when an
emergency type of repair is needed.
Detailed Scope:
• Provide all labor, materials, tools, supervision and equipment to fully perform the work of
repair and/or replacement of concrete drainage channels as well as the earthwork grading
necessary for the repair. The methods of construction shall conform to the requirements of
all applicable American Society of Testing Materials (ASTM) Standards as well as all the
American National Standards Institute (ANSI) and NSF International Standards.
• Utilize a variety of techniques to repairlreplace other drainage infrastructure throughout the
City of Lubbock. Specific direction for locations and type of repairs will be provided by the
City. Coordination with Contractor will be essential in helping determine the best repair
process to help prevent future damage in the immediate area.
• Provide traffic control as necessary in accordance with applicable TXDOT and TMUTCD
regulations.
• Furnish cleanup and restoration of the site to pre-construction conditions or better.
• Carry out operations in accordance with local, state, federal and OSHA safety regulations
• Provide before and after photos of each project/repair.
4. CITY'S RESPONSIBILITIES
The City Engineering Deparhnent will identify, assess, and prioritize specific problems. The City will
notify Contractor of locations requiring repair and a description of the field conditions at repair locations,
along with the type of repair method(s) to be utilized.
5. CONTRATOR'S RESPONSIBILITIES
Contractor will be required to perform repairs to the City's surface drainage features. Contractor is
responsible for all means and methods used to complete the repairs, as directed by the City. Contractor
shall be responsible for providing the following at levels adequate to complete repairs in a timely manner
as outlined below:
• Qualified Labor
• Tools
• Equipment
• Transportation
• Services (including fuel, electricity, water, and communications)
The Contractor shall be responsible for notifying the Engineering Department for each of the working
days of this contract. A worker is employed on a public work if the worker is employed by the
Contractor or any sub-contractor in the execution of the contract for the project. See Exhibit A, B and
C for wage rates.
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.
A Contractor or sub-contractor 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.
6. WATER QUALITY PROTECTION OR STORM WATER QUALITY
Much of the work on this contract will occur at or near local playa lakes. As such, the Contractor shall
take all necessary steps to protect the playa lakes from discharges of construction-related materials into
the lakes. This will require the use of Best Management Practices (BMPs) such as providing sediment
controls, temporarily rerouting drainage flows during construction, and providing an area for concrete
washout. Specific BMPs questions can be directed to the Engineering Department.
The Contractor is responsible for damage resulting from performing repair and clean-up of effected area.
7. CONTRACTOR'S LICENSE CLASSIFIACTION
Contractor shall possess a valid Contractor's license at the time of request for proposal closing date and
for the duration of the Contract. Failure to possess the specified license shall render the proposals as
non-responsive.
The Contractor is responsible for meeting all Contract conditions and City Standards & Details for all
work performed. Substandard work, as determined solely by the City, shall be redone at the expense of
the Contractor.
8. REPAIR STANDARDS
Final repair shall provide for fully functional and flowing condition of surface drainage features. The
current City Standard Specifications & Details at the time of repair shall be complied with. The
Technical Memorandum for Construction Services for Repair of Drainage Infrastructure —
BT-08LR shall be adhered to for types and techniques of repairs. All Federal, State, and Local health
and safety rules and regulations shall be complied with.
9. MATERIALS AND SUPPLIES
Contractor will use materials and supplies that conform to the material being repaired or replaced.
Alternate materials may be used upon request and approval from a City of Lubbock Engineer.
Contractor will be required to provide necessary materials for completion of work.
10. SCHEDULING
Time is of the essence for all work contemplated by the Contract. Contractor will make a good faith
effort to start repairs within five (5) days of notification or in accordance with a written schedule
approved by the City. If repair cannot be completed within a timely period, Contractor shall provide
written notification to the City detailing reasons for delay and anticipated completion schedule within
two (2) days of notification. Normal work hours are anticipated to be Monday through Friday 7:00 am
to 5:00 pm. Any work outside of these times needs prior authorization from the City at least 48 hours in
advance.
11. PROCTECTION OF EXISTING FACILITIES
11.1. GENERAL
The Contractor shall protect all existing utilities and improvements not designated for removal
and shall restore damaged or temporarily relocated utilities and improvements to a condition
equal to our better than they were prior to such damage or temporary relocation.
The Contractor shall verify the exact locations and depths of all utilities shown and the Contractor
shall make exploratory excavations of all utilities that may interfere with the Work.
The number of exploratory excavations required shall be that number which is sufficient to
determine the alignment and grade of the utility.
11.2. RIGHTS-OF-WAY
The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline;
any telephone, communication cable, fiber optic transmission line, or electric transmission line;
any fence; or any other structure, nor shall the Contractor enter upon the right-of-way involved
until notified by the Engineer that the City has secured authority therefore from the proper party.
After authority has been obtained, the Contractor shall give said party due notice of its intention
to begin work, and shall give said party convenient access and every facility for removing,
shoring, supporting, or otherwise protecting such pipeline, transmission line, ditch, fence, or
structure, and for replacing same. When two (2) or more contracts are being executed at one
time, on the same or adjacent land in such manner that work on one contract may interfere with
that on another, the City shall determine the sequence and order of the Work. When the territory
of one contract is the necessary or convenient means of access for the execution of another
contract, such privilege of access or any other reasonable privilege may be granted by the City
to the Contractor so desiring, to the extent, amount, in the manner, and at the times permitted.
11.3. RESTORATION OF PAVMENT
General: All paved areas, including asphalt concrete berms, cut or damaged during construction,
shall be replaced with similar materials of equal thickness to match the existing adjacent
undisturbed areas. Exceptions would be specific resurfacing requirements of the permit-issuing
agency. All temporary and permanent pavement shall conform to the requirements of the City.
All pavement, which is subject to partial removal, shall be neatly saw cut in straight lines per
City specifications. The Contractor shall be responsible for the repair of all trenches and paved
areas that settle or fail within one year of construction.
Temporary Resurfacing: Wherever required by the public authorities having jurisdiction, the
Contractor shall place temporary surfacing promptly after backfilling and shall maintain such
surfacing for the period of time fixed by said authorities before proceeding with the final
restoration of improvements.
Permanent Resurfacing: In order to adhere to the City of Lubbock Standard Specifications &
Details regarding adjacent surfaces, the Contractor shall saw cut back and trim the edge so as to
provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged
portion of pavement.
12. 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 an
approved Surety Company authorized to do business in the State of Texas. It is further agreed that this
contract shall not be in effect until such bonds are so furnished.
DAVIS BACON WAGE DETERNIINATIONS
Exhibit A
"General Decision Number: TX20230002 01/06/2023
Superseded General Decision Number: TX20220002
State: Texas
Construction Types: Heavy and Highway
Counties: Armstrong, Carson, Crosby, Ector, Irion, Lubbock,
Midland, Potter, Randall, Taylor and Tom Green Counties in Texas.
HEAW & HIGHWAY CONSTRUCTION PRO]ECTS
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-eacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
�If the contract is entered �. Executive Order 14026 �
�into on or after January 30, � generally applies to the �
�2022, or the contract is � contract. �
�renewed or extended (e.g., an �. The contractor must pay �
�option is exercised) on or � all covered workers at �
�after 7anuary 30, 2022: � least $16.20 per hour (or �
� � the applicable wage rate �
� � listed on this wage �
� � determination, if it is �
� � higher) for all hours �
� � spent performing on the �
I I contract in 2023. I
�If the contract was awarded on�.
�or between January 1, 2015 and�
�January 29, 2022, and the �
�contract is not renewed or �.
�extended on or after 7anuary �
�30, 2022: �
Executive Order 13658 �
generally applies to the �
contract. �
The contractor must pay all�
covered workers at least �
$12.15 per hour (or the �
applicable wage rate listed�
on this wage determination,�
if it is higher) for all �
hours spent performing on �
that contract in 2023. I
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2023
SUTX2011-002 08/02/2011
Rates Fringes
CEMENT MASON/CONCRETE
FINISHER (Paving & Structures)...$ 13.55 **
ELECTRICIAN ......................$ 20.96
FORM BUILDER/FORM SETTER
Paving & Curb ...............$ 12.36 **
Structures ..................$ 13.52 **
LABORER
Asphalt Raker ...............$ 12.28 **
Flagger .....................$ 9.30 **
Laborer, Common .............$ 10.30 **
Laborer, Utility............$ 11.80 **
Work Zone Barricade
Servicer ....................$ 10.30 **
POWER EQUIPMENT OPERATOR:
Asphalt Distributer.........$ 14.87 **
Asphalt Paving Machine......$ 13.40 **
Broom and Sweeper...........$ 11.21 **
Crane, Lattice Boom 80
Tons or Less ................$ 16.82
Crawler Tractor Operator....$ 13.96 **
Excavator, 50,000 lbs or
less ........................$ 13.46 **
Front End Loader Operator,
Over 3 CY ...................$ 12.77 **
Front End Loader, 3CY or
less ........................$ 12.28 **
Loader/Backhoe ..............$ 14.18 **
Mechanic ....................$ 20.14
Milling Machine .............$ 15.54 **
Motor Grader, Rough........$ 16.15 **
Motor Grader, Fine..........$ 17.49
Pavement Marking Machine....$ 16.42
Reclaimer/Pulverizer........$ 12.85 **
Roller, Asphalt .............$ 10.95 **
Roller, Other ...............$ 10.36 **
Scraper .....................$ 10.61 **
Spreader Box ................$ 12.60 **
Servicer .........................$ 13.98 **
Steel Worker (Reinforcing).......$ 13.50 **
TRUCK DRIVER
Lowboy-Float ................$ 14.46 **
Single Axle .................$ 12.74 **
Single or Tandem Axle Dump..$ 11.33 **
Tandem Axle Tractor with
Semi ........................$ 12.49 **
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($16.20) or 13658
($12.15). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after ]anuary 1, 2017. If this
contract is covered by the E0, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
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The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is 7uly 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in 7anuary of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APP�ALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISIO"
EXHIBIT B & 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 Standards Act.
Exhibit B
City of Lubbock, TX
RFP 24-17592-KM
Construction Services for Repair of Drainage Infrastructure
Schedule of Rates Proposal Form
MH Civil Constructors, Inc.
Location: Amarillo, TX
Total: $658,000.00
# Items
# 1-1 Supervisor
# 1-2 Equipment Operator
# 1-3 Truck Driver
#1-4 Laborer
#2-1 Supervisor
#2-2 Equipment Operator
#2-3 Truck Driver
#2-4 Laborer
#3-1 Supervisor •
#3-2 Equipment Operator
#3-3 Truck Driver
#3-4 Laborer
Estimated
Annual
Hours
(+/-)
1500
1500
1500
1500
�
500
500
500
500
�
100
100
100
100
UOM
HR
HR
HR
HR
�
HR
HR
HR
HR
�
HR
HR
HR
HR
F Iourly
Rate
90.00
80.00
70.00
60.00
�
100.00
90.00
80.00
70.00
�
110.00
100.00
90.00
80.00
Total
Cost
135,000.00
120,000.00
105,000.00
90,000.00
50,000.00
45,000.00
40,000.00
35,000.00
11,000.00
10,000.00
9,000.00
8,000.00
VENDOR ACKNOWLEDGEMENT
In compliance with this procurement, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and being
familiar with the conditions to be met, has reviewed the information regarding:
• insurance Requirements
• Suspension and Debarment Certi�cadon
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
Aut zed Sig ture
Jose Tellez
Print/Type Name
Project Engineer
Title
1E�13if2023 ,
Date
MH Civil Constructors, Inc.
Company Name
621 SW 6th Ave.
Address
Amarillo, TX 79101
City, State Zip Code
Contact for quesdoos, clarifications, etc.
Name and Title: Jose Tellez
Mailing Address: 621 SW 6th AVe.
city, state, Zip: Amarillo, TX 79101
Telephone No: ($06) 367 - 6043
Fax No: N.A.
E-Mail: bid@mh-civil.com
Exhibit C
INSURANCE REQUIREMENTS
Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named
underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall
furnish and contain all required information referenced or indicated thereon. THE CITY SHALL
HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
The City reserves the right to review the insurance requirements of this section during the effective
period of the contract and to require adjustment of insurance coverages and their limits when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or
the claims history of the industry as well as the Contractor.
Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved
by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this
contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by
companies approved by the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
Commercial General Liabilitv Requirements: $1 M occurrence /$2M aggregate (can be combined
with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps
the most important of all insurance policies in a contractual relationship. It insures the Contractor
has broad liability coverage for contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and
Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical
Expenses (any one person).
Automatically add an excess liability of $4M.
Commercial General Liability Heavy Equipment Endorsement: Heavy equipment
endorsement is required Commercial General Liabilitv Digging Endorsement: XCU
endorsement is required
Automobile Liability Requirements: $1 M/occurrence is needed
Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a
minimum, the insurance should cover the full insurable value of the improvements.
Workers Compensation Requirements: Statutory. If the vendor is an independent Contractor with
no employees and are exempt from providing Workers' Compensation coverage, they must sign
a waiver (obtained from COL Purchasing) and include a copy of their driver's license... Employer
Liability ($1 M) is required with Workers Compensation.
• The City of Lubbock (including its officials, employees and volunteers) shall be
afforded additional insured status on a primary and non-contributory basis on all
liability policies except professional liabilities and workers' comp.
• Waivers of Subrogation are required for CGL, AL, and WC.
• To Include Products of Completed Operations endorsement.
• Carrier will provide a 30-day written notice of cancellation, 10-day written notice fornon-
payment.
• Carriers must meet a A.M. Best rating of A- orbetter.
• Sub-contractors must carry same limits as listed above
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all
endorsements thereto and may make any reasonable request for deletion, revision, or modification
of particular policy terms, conditions, limitations, or exclusions (except where policy provisions
are established by law or regulation binding upon either of the parties hereto or the underwriter of
any of such policies). Upon such request by the City, the Contractor shall exercise reasonable
efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs
will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as
additional insureds, (as the interest of each insured may appear) as to all applicable
coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers,
employees, and elected representatives for injuries, including death, property damage,
or any other loss to the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such
notices not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF 1NSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314Avenue K, 9�' Floor
Lubbock, Texas 79401
Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial
of liability by the insurance company exonerate the Contractor from liability.
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
1 of 1
Complete Nos. l- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the ciry, state and country of the business entity's place Certificate Number:
of business. 2023-1093123
MH Civil Constructors, Inc.
Amarillo, TX Uni[ed States Date Filed:
2 Name of governmental entiry or state agency that is a party to the contract for which the form is 11/09/2023
being filed.
Lubbock, City of Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 24-17592-KM
Construction Services for Repair of Drainage Infrastructure
4 Nature of interest
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
Hernandez, Saul B. Amarillo, TX United States X
Moreno, Juan Amarillo, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
►v�y name is Jose A. Tellez , and my date of birth is
My address is 621 SW 6th Ave Amarillo TX , 79101 , USA
(street) (city) (state) (zip code) (country)
I declare under penalry of perjury that the foregoing is true and correct.
Executed in Potter Counry, State of Texas , on the 9th day of November , 20 23
(month) (year)
a ure authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.e ics.state.tx.us Version V3.5.1.Of381ab6
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entiry's place Certificate Number:
of business. 2023-1093123
MH Civil Constructors, Inc.
Amarillo, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/09/2023
being filed.
Lubbock, City of Date Acknowledged:
11/14/2023
3 Provide the identification number used by the governmental entiry or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 24-17592-KM
Construction Services for Repair of Drainage Infrastructure
Nature of interest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
Hernandez, Saul B. Amarillo, TX United States X
Moreno, Juan Amarillo, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalry of perjury that the foregoing is true and correct.
Executed in Counry, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provitled by Texas Ethics Commissfon www.ethics.state.tx.us Version V3.5.1.Of381ab6