HomeMy WebLinkAboutResolution - 2018-R0099 - MJD Construction - 02/22/2018Resolution No. 2018-R0099
Item No. 4.5
March 8, 2018
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, Contract No. 13912 for Underground Boring Services as
per RFP 18-13912-SS, by and between the City of Lubbock and MJD Construction, 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 March 8, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
,X-Y\ " 6--,A - -
Mark Ye ood, Assistant City Manager
APPROVED AS TO FORM:
Kdlli Leisure, Assistant City Attorney
ccdocs/RES.Contract 13912.Underground Boring Serives
02.16.2018
Resolution No. 2018-R0099
City of Lubbock, TX
Underground Boring Services
Service Agreement
Contract 13912
This Service Agreement (this "Agreement") is entered into as of the 8th day of March ("Effective Date")
by and between MJD Construction, Inc. (the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposal 18-13912-SS Underground Boring Services.
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 Underground Boring
Services, 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 — Unit Cost Proposal Submittal Form
4. Exhibit C — Insurance
5. Exhibit D — Payment Bond
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 A, B, C and D attached hereto.
Article 1 Services
1.1 The contract shall be for a term of one (1) year, with the option of two (2) one (1) year extensions;
said date of term beginning upon formal approval. All stated annual quantities are approximations
of usage during the time period to be covered by pricing established by this proposal. 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. 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 of contract may be terminated for non-
compliance.
1.2 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.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in
the Agreement, whatsoever, without prior consent of the City.
1.4 All funds for payment by the City under this Agreement 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 Agreement, the City
will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are
not appropriated for the continuance of this Agreement, cancellation shall be accepted by the
Contractor on 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 Agreement beyond the date of termination.
Article 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. This Agreement is
performable in, and venue of any action related or pertaining to this Agreement shall lie in,
Lubbock, Texas.
2.2 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.
2.3 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of
this Agreement shall not be affected thereby.
2.5 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.
2.6 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.
2.7 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.
2.8 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 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.
2.9 SB 252 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.
2.10 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.
2.11 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 do.
2.12 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.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
Daniel M. Pope, Mayor
ATTEST:
Qj_,A�.91 -�v
Reber a Garza, City Secretary 0
APPROVED AS TO CONTENT:
Shan -non Owens, Director of Traffic Engineering
1W(1X(UAt1Lt-
Keili T ORM: Leisure, Assistant City Attorney
CONTRACTOR:
Contractor's Signature
145e,-, /!� a r,�,
Printed Name
(2�v•�
Title
Exhibit A
City of Lubbock, TX
RFP 18-13912-SS
Underground Boring Services
II. GENERAL REQUIREMENTS
1. INTENT
1.1 Traffic Engineering is seeking proposals to establish a contract for boring services to be done in
the City of Lubbock in accordance with the applicable specifications and requirements below.
The work or jobs described below are to be done by qualified contractors duly organized,
validly existing and in good standing with at least three years of experience in this type of
service. The Contractor shall maintain a qualified work force experienced in the performance of
specified jobs and familiar with all laws, rules, and regulations regarding the activities
stipulated herein. The Contractor shall show proof of qualifications and submit a list, together
with their bid, of at least three customers and types of services done for the past three years.
1.2 The Contractor shall obtain necessary City permits for barricading streets or sidewalks and
excavation in public right of way. The Contractor must register with the City Right of Way
Office Management Coordinator to obtain permits related to excavation and obtain Barricade
Permits from Traffic Engineering. Traffic Engineering personnel will obtain permits for
proposed installation in the TXDOT Right of Way prior to the start of construction.
1.3 The Contractor shall guarantee to start projects with a minimum of 120 hours (five days) notice.
All prices on excavations shall include any necessary equipment, back -filling, proper
compaction, barricades, installation of warning tape (furnished by Traffic Engineering as
needed) 18" below grade, and cleanup of site. All prices on bores shall include the above items
with the addition of bore pit, pilot holes, and approach ditch. Back filling shall proceed in a
timely manner and in accordance with these specifications. Where cables or conduits are being
installed by Traffic Engineering, the Contractor shall promptly begin back filling of excavation
areas after being notified by Traffic Engineering that cable or conduit installation is complete.
The Contractor shall guarantee all excavations against sinking for a period of one year. The
Contractor shall be responsible for shoring all excavations five feet or more in depth, as
required by the Occupational Safety and Health Act. The Contractor shall be available for any
pre -construction meeting as needed.
1.4 Traffic Engineering may require the Contractor to establish in writing a total cost including a
maximum number of days, hours, cubic yards, and/or linear feet for each job proposal prior to
excavation. No work shall proceed without prior approval of Traffic Engineering. Traffic
Engineering will consider change authorizations if the need arises due to unforeseen
circumstances. It is the intent of this bid that typical utility and underground utility work will be
performed for the rates and units of measure as indicated on Traffic Engineering's Proposal
Form. It is the further intent that the items and services shown under headings are turnkey or
complete services. The services and items listed under heading Traffic Engineering Other are
intended to be used only for unusual circumstances that do not fit under the scope of work
described under other headings.
1.5 Billing invoices shall be itemized with charges separated accordingly. Traffic Engineering shall
reserve the right to inspect time sheets on each project to confirm charges. No charges will be
automatically paid that should be included in the footage rate, the hourly rate, or the boring rate.
All invoices shall reflect a location furnished to the Contractor by Traffic Engineering. Invoices
for work shall be submitted to Traffic Engineering for payment within 30 days of the completion
of work. The Contractor shall submit a list of subcontractors used in the completion of
scheduled work.
2. PREPARATION FOR WORK
The Contractor shall immediately upon entering a project site for the purpose of beginning work,
locate all general reference points and take any action necessary to prevent their destruction, lay
out their own work, and be responsible for all ditch lines, elevations, and measurements of
construction, grading, utilities, and other work executed under this contract. The Contractor shall
exercise proper precautions to verify dimensions (if available), shown on drawings before laying
out work. Existing lines shown on drawings are not guaranteed as to size, location, or
completeness. The Contractor will be held responsible for any damage resulting from the
Contractor's failure to locate exact type, size, and depth of existing lines. Any proposed Traffic
Engineering line that interferes with existing lines shall be relocated or re-routed by the
Contractor as directed by the Traffic Engineering Department.
3. PROTECTION
3.1 The Contractor shall be responsible for locating existing utilities utilizing the Texas 811 system
and adequately protecting, at all times, the adjoining property and surrounding areas including
landscaping and improvements, other utility facilities; and at the Contractor's expense, restore
any damage to utilities or property. The Contractor's responsibility shall also include the removal
of excess soil and related excavated materials not used in the back filling of excavations.
3.2 The Contractor shall provide at their expense all markers, lights, barricades, and other
materials necessary to guard and protect all excavations and shall be responsible for any
damage and liability from the neglect of these duties. All barricade equipment and layouts
shall conform to the Texas Manual on Uniform Traffic Control Devices (TMUTCD).
33 The Contractor shall protect, at all times, the excavations and site from damage by rainwater,
spring water, ground water, backing up of drains or sewers, and all other water hazards. The
Contractor shall provide all pumps, equipment, and enclosures to provide this protection.
Excavations damaged by flooding or collapses shall be cleaned and enlarged to accommodate
the installation of conduit pipes, cables, or pull boxes as required by drawings and
specifications.
3.4 The Contractor shall be responsible for loss by theft and damage to Traffic Engineering materials
furnished to the Contractor and placed in their charge.
3.5 Vehicle and equipment parking shall be arranged to minimize disruptions to normal traffic flow
and pedestrian access. Blocking doorways, sidewalks, handicap access, and fire lanes is
prohibited. Parking partially on the street and the sidewalk or curb is prohibited
3.6 If street parking is necessary; vehicles shall be parked parallel and adjacent to the curb with
appropriate cones and barricades as specified by the Contractor's Barricade Permit. The
Contractor shall obtain permission from Traffic Engineering if parking or driving on a sidewalk
or other landscaped area is necessary, otherwise any damage or repair cost will be charged to
the Contractor.
4. LAWS, REGULATIONS, CODES, AND ORDINANCES
4.1 Construction shall conform to applicable requirements of the latest edition of the
following documents. In case of conflict between any of these documents, the strictest
requirements shall govern.
a. The National Electric Code
b. The National Electric Safety Code
c. Occupational Safety and Health Act
d. API 1166 Excavation Monitoring and Observation
e. All local, state, and national codes, ordinances, rules, and regulations not specifically
mentioned above but which apply to the proposed construction including city and
state standards for barricades
f. Occupational Health and Safety Act requirements for shoring and bracing ditches
and excavations - The Contractor shall provide if necessary, shoring and sheet piling
in compliance with the same.
g. Manual on Uniform Traffic Control Devices (TMUTCD)
4.2 No extras shall be allowed for any changes to make the work conform to the regulations of the
above -mentioned documents; they shall be considered as completely included in the contract
prices. Nothing in these specifications or drawings is to be construed to permit work not
conforming to these documents and codes.
Traffic Engineering representatives shall at all times have access to the project site for inspection of the
work. Materials furnished to the Contractor by Traffic Engineering shall be inspected by the
Contractor and Traffic Engineering upon receipt. The Contractor shall be responsible for the safe
handling and storage of all material furnished and shall replace, at their own expense, all material that
becomes damaged or defective while placed in the Contractor charge.
6. BARRICADES
The Contractor shall provide, install, and maintain for the duration of the work all necessary rigid
barricades, warning signs and other warning devices and shall take all other precautions to safeguard
persons, adjoining property, including improvements thereon, against injuries and damages of every
nature whatsoever. All barricade equipment and layouts shall conform to the Texas Manual on
Uniform Traffic Control Devices (TMUTCD).
7. CONDUIT INSTALLATION
All conduit installation must conform to City of Lubbock design standards and specifications.
Please refer to the link to find a copy of the standards and specifications
https://www.mylubbock.us/departmental-websites/departments/street-department/design-standards-
and-specifications Bid item pricing is requested for turnkey jobs including conduit installation by
the Contractor. Under these bid items, the Contractor is to install conduits furnished by Traffic
Engineering. Conduits shall be installed in continuous runs. Splices can be made using solvent
cement as directed by the conduit manufacturer in making up all PVC joints or by fusion. During
construction, partially completed conduit installations shall be protected from entrance of dirt and
any other debris. Weight or secure. conduits to avoid floating if flowable backfill is used. Install
the flowable backfill in one pour if possible. Do not allow heavy masses of flowable backfill to fall
on conduits. Insure that the top of the flowable backfill is reasonably level. Materials will be
furnished by Traffic Engineering as specified below. All conduits shall be free of debris and have a
mule tape placed in the conduit to allow for pulling in cable at a later date by Traffic Engineering
personnel. The mule tape shall not rust, rot or mildew and have a minimum of 1200 pounds
breaking strength. The ends of finished empty conduit runs shall be sealed so as not to allow dirt or
debris into the conduit.
8. BORING
The Contractor's price per foot for boring shall include all work necessary to complete the boring such as
excavating bore pit, receiving pit, and pilot holes. Where bore pit, receiving pit or pilot holes have to be
excavated in concrete or asphalt areas, the Contractor will be paid the unit prices for cutting and
repairing concrete or asphalt. However, extra cubic yard or hourly charges for excavation will not be
paid. Prices quoted on bores shall be one price regardless of depth.
9. PULL BOX EXCAVATION
The excavation shall be laid out so that when the pull box is set, it will be in line with the conduit
assembly. The depth of the pull excavation shall be to the grade necessary with an additional 6" space at
the bottom to facilitate placement of base material. An additional 12" on all sides shall be excavated to
permit maneuvering and final adjustment of the pull box. The base material shall be sandy soil, 5/8"
crushed rock, or the equivalent of coarse gravel, and shall be installed prior to the installation of the pull
box. The actual installation of the pull box shall be completed by the contractor or Traffic Engineering
personnel as specified by Traffic Engineering. The Contractor shall backfill around and over the pull
box and perform compaction as required below.
10. BACKFILLING
10.1 Where excavation in existing dirt or grassy areas has taken place, proper compaction will be
required and prices included in per foot price.
10.2 Any excavation in paved areas shall be machine compacted in 6" layers to 95% proctor by means
of a pneumatic tamper. Soil compaction tests may be performed by the City of Lubbock.
10.3 All back -filling material shall be free from refuse, boulders, rocks, stones, or other unsuitable
material. Existing material from excavation shall be used for back filling.
10.4 At the option of Traffic Engineering, selected excavation sites may be back -filled with flowable
backfill in order to speed up the backfill operation and minimize interruptions to customer
operations or traffic. Flowable backfill will be installed when specifically requested by Traffic
Engineering.
11. PAVEMENT CUT AND REPAIR
All pavement cut and repairs must conform to City of Lubbock design standards and specifications.
Wherever it is necessary to make cuts in existing asphalt pavement or concrete areas, the cuts shall be
made in such a manner as to cause the least amount of damage to adjoining surfaces. If ditches are in an
area subject to City of Lubbock design standards and specifications paving specifications the compaction
must be approved by City of Lubbock. Asphaltic concrete for repairs shall be furnished and installed by
the Contractor. Where concrete sidewalks, driveways, streets, or parking lots are cut, the concrete shall
be leveled, troweled, and finished to match the existing concrete.
12. CLEAN UP
After the construction work is completed.and before acceptance by Traffic Engineering, the Contractor
shall remove all rubbish, excess material from excavation, and other debris from the work site, and all
trench surfaces shall be bladed and all depressions caused by settlement shall be filled with top soil or
sand and yard raked to existing grades. Unless noted or directed otherwise, final grading and clean-up
will be considered to be included in the cost of the particular excavation as designated in the proposal
form.
13. FURNISHING OF MATERIALS
13.1 Unless noted or directed otherwise, Traffic Engineering will furnish or provide and pay for the
following materials for installation by the Contractor:
a. PVC Conduit and Materials
b. Grout
c. Gravel
d. Concrete
e. Flowable backfill
f. Warning tape
13.2 Pull Boxes will be delivered to the job site and set in the hole by the Contractor or Traffic
Engineering as required by Traffic Engineering.
13.3 All other material listed above shall be picked up by the Contractor at the City of Lubbock
Traffic Operations, 202 Municipal Drive. Upon receipt of these materials, the Contractor shall
assume full responsibility for the guarding and protection of these materials from loss or damage.
14. EXCEPTIONS
Any exceptions to the requirements stated herein must be stated in the formal proposal. Explanation must
be made for each item for which exception is taken, giving in detail the extent of the exception, and the
reason for which it is taken, in order for consideration to be given to the proposal.
15. RESPONSE FORMAT AND PREPARATION INSTRUCTIONS
Offerors shall use the prescribed format outlined in section 17 to clearly indicate their experience and
qualifications, describe their technical approach to this project, and fully describe their proposal.
Provide one original and two copies of your response. Each response will be reviewed to determine if it
is complete before evaluation. Traffic Engineering reserves the right to eliminate from further
consideration any response deemed unresponsive to this RFP. The intent of Traffic Engineering is that
all responses follow the same format in order to evaluate each response fairly. Proposals will be
evaluated based on the material and substantiating evidence presented in the proposal, and not based on
what could be inferred. Begin each section and subsection described in the general requirements on a
separate page. Number the pages in each section consecutively. Each page shall have the name of the
Offeror indicated clearly at the upper right corner.
16. EVALUATION CRITERIA
The following criteria will be used to evaluate and rank submittals:
a) Contractor Qualifications - The offeror's qualifications in providing the services as
requested in the specifications (20%)
d) Safety Record — (15%)
e) Record of performance based on previous work with the City and/or other client
references. (25%)
f) Price (40%)
a) Proposals should provide a straightforward, concise description of the Offeror's
capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness,
clarity of content, and conveyance of the information requested by the City.
b) The proposal should be bound in a single volume where practical. All documentation
submitted with the proposal should be bound in that single volume. No spiral binding.
c) If the proposal includes any comment over and above the specific information requested in
the RFP, it is to be included as a separate appendix to the proposal.
d) The proposal must be organized into the following response item sections and submitted in
an indexed binder.
TAB A Qualifications and Experience
Briefly introduce your company, providing a summary of the administration,
organization. Provide a detailed description of your experience.
TAB B Price Sheet
1. Use the provided price proposal sheet. Attachment A.
TAB C References
Provide three references. Please include the name of the agency, contact name,
telephone, fax and email address. Performance should include goods or services,
similar to those in this proposal, within the last twenty-four (24) months.
18. 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.
Exhibit B
City of Lubbock, TX
RFP 18-13912-SS
Underground Boring Services
Unit Cost Proposal Submittal Form
ITEM
DESCRIPTION
ESTIMATED
QUANTIES
UNIT
IJNrr COST'
EXTENDED COST
BORING
AND CONDUIT INSTALLATION
1
Bore and install (1) - 2" PVC conduit
30
LF
1
- - 3 6 0
2
Bore and install (2) - 2" PVC conduit
200
LF
2_0
AMC
3
Bore and install (1) - 3" PVC conduit
20
LF
4
Bore and install (2) - 3" PVC conduit
20
LF
5
-515cy - 5 0 0
5
Bore and install (1) - 4" PVC conduit
40
LF
Z�
6
Bore and install (2) - 4" PVC conduit
500
LF
3
��
7
Bore in rock and install (1) - 2" PVC conduit
15
LF
- - 900
8
Bore in rock and install (2) - 2" PVC conduit
40
LF
1
9
Bore in rock and install (1) - 3" PVC conduit
15
LF
10
Bore in rock and install (2) - 3" PVC conduit
15
LF
I 1
Bore in rock and install (1) - 4" PVC conduit
15
LF
12
Bore in rock and install (2) - 4" PVC conduit
40
LF
- - - 6,400
13
Additional cost for installation of 2" PVC conduit
20
LF
5
14
Additional cost for installation of 3" PVC conduit
20
LF
I CC
15
Additional cost for installation of 4" PVC conduit
20
LF
2
16
Installation of 90 degree elbows
40
EA
MISCELLANNEOUS
ITEMSr2�
17
Labor and material to install Type D pull box
20
EA
q Q
18
Labor and material to install Type 1 pull box
2
EA
19
Cut and remove concrete
60
SF
20
Labor only to replace install and finish concrete
60
SFJ
21
Cut and remove asphalt paving
20
SF
22
Labor and materials to install asphalt paving
20
SF
23
Backhoe for miscellaneous installation.
40
HR
''
Z
24
Load, haul, and dispose of excess material.
50
CY
Z
25
Provide machine tamper and operator for
miscellaneous compaction
10
CY
Gj
26
Contractor charge for miscellaneous labor
40
HR
OVERALL TOTAL
- v 'S-71 _ -
Total: $56,440.00
39, 190
Exhibit C
City of Lubbock, TX
RFP 18-13912-SS
Underground Boring Services
Insurance Requirements
SECTION A. 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.
INSURANCE COVERAGE REQUIRED SECTION B. 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.
SECTION C. 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):
INSURANCE (Copies of Endorsements will be Required)
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment ❑ XCU
❑ To Include Products of Complete Operation Endorsements
CRIME POLICY
❑ Crime Policy
AUTOMOTIVE LIABILITY
® Any Auto per Occurrence
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Combined Single Limit $1,000,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
❑ BUILDER'S RISK ❑ 100% of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs
❑ POLLUTION_
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS
OR OCCUPATIONAL MEDICAL AND DISABILITY $
® EMPLOYERS' LIABILITY $1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers
of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements
are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall been, upon request, and without expense, to receive copies of the policies 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.
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 day 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 INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 131 Street, Room 204
Lubbock, Texas 79401
SECTION D. 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
Exhibit D
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 MJD Construction, Inc. (hereinafter called the Principal(s), as
Principal(s),
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Fifty -Six Thousand Four Hundred and Forty Dollars ($56,440.00) 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 8th day of
March 2018, 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of
the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions
of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 2017.
Surety
By:
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship.
Surety
* By:
Approved as to form:
City of Lubbock
By:
City Attorney
(Title)
* Note: If signed by an officer of the Surety Company there must be on file a certified extract from the 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 INTERESTED PARTIES
FORM 1295
1of1
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
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-307457
MJD Construction Inc
Lubbock, TX United States
Date Filed:
01/29/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
city of Lubbock
Date Acknowledged:
02/15/2018
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.
18-13912
boring
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
ERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2018-307457
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
MJD Construction Inc
Lubbock, TX United States
Date Filed:
01/29/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
city of Lubbock
Date Acknowledged:
g
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
18-13912
boring
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLAMATION
My name is �` 1` 1 and my date of birth is
My address is_7�3
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. /1 �%�
Executed in p A\ �-"` �. County, State of �! on theL Tlday of�-_Vk , 20 I 0
(month) (year)
Signature of authorized aVnt o contracting business entity
(De avant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V1.0.5523