HomeMy WebLinkAboutResolution - 2022-R0305 - Contract 16620 with Utility Contractors of America 7.12.22Resolution No. 2022-RO305
Item No. 5.4
July 12, 2022
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, Service Contract No. 16620 for underground boring
services as per RFP 22-16620-TF, by and between the City of Lubbock and Utility
Contractors of America, Inc. of Lubbock, 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
ATTEST:
Reb a Garza, City Secre
APPROVED AS TO CONTENT:
Assistant City Manager
AP ROVED AS TO FORM:
9 4"A/�6
Leisure, Assistant City Attorney
July 12, 2022
9'W 1�f
T A ,MAYOR
ccdocs/RES.ServiceContract 16620 Underground Boring Services Utility Contractors of America
06.28.22
Resolution No. 2022-R0305
City of Lubbock, TX
Underground Boring Services
Agreement
Contract 16620
This Service Agreement (this "Agreement") is entered into as of the 12dday of July 2022
("Effective Date") by and between Utility Contractors of America, Inc. (the Contractor), and the City of
Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals RFP 22-16620-TF, Underground Boring
Services 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 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 — Proposal Price Sheet
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 year, with the option of two, one-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
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. 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.
1.2 Prices quoted shall be set for a period for one (1) year, said date of term beginning upon
City Council date of formal approval. The rate may be adjusted upward or downward at this
time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI), whichever is most appropriate for the specific contract for the
previous 12-months at the City's discretion, the effective change rate shall be based on either
the local Price Index (PPI), whichever is most appropriate for the specific contract for the
previous 12-months at the City's discretion, the effective change rate shall be based on either
the local or national index average rage for all items. If agreement cannot be reached, the
contract is terminated at the end of the current contract period.
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.
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.
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.
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 do.
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 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.
2.14 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.
2.15 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.
2.16 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.
2.17 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.
2.18 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.
2.19 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.
2.20 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.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
• yr,icj: • •V BY
A m A V4'Z-"
ATTEST:
Re ca Garza, City Secret
Z
TRAC
Au orized Repre entative
Kf—
Print Name
59K Cr, 77P
Address
7/;
VED AS TO TENT:
City, State, Zip Code
k,Nvood- . ., Division irec r of
Public Wor
APPR VE AST FORM
m M99/f �'/ —
Kell' Leisure, Assistant City Attorney
EXHIBIT A
City of Lubbock, TX
RFP 22-16620-TF
Underground Boring Services
GENERAL REQUIREMENTS
1. GENERAL CONDITIONS
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.
1.6 Contractor will be required, at Contractor's expense, to furnish a payment bond in
accordance with Chapter 2253, Government Code, in the amount of 100% of the total
work or job price in the event that said work or job price assigned exceeds $50,000 and
will also be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total work or job price in the event
that said contract work or job assigned exceeds $100,000. Said statutory bonds should
be issued by a company carrying a current Best Rating of "A" or better.
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).
3.3 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.
5. INSPECTION
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. 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. CLEANUP
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 this RFP to clearly indicate their experience
and qualifications, describe their technical approach to this project, and fully describe their
proposal. Responses must be submitted in the format outlined in this RFP. 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 herein 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. BID BOND
Bidders 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 bid 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 bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within ten (10) business
days after notice of award of the contract to him.
FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID
SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN
DISQUALIFICATION OF THE BID SUBMITTAL.
City of Lubbock, TX EXHIBIT B
Traffic Engineering
RFP 22-16220-TF
Underground Boring Services
Utility Contractors of America of Lubbock, TX
Qty
Unit
Extended
#
Items
(+/-)
UoM
Cost
Cost
Boring
and Conduit Installation
#1-1
Bore and install (1) - 2" PVC conduit
30
LF
$37.27
1,118.10
#1-2
Bore and install (2) - 2" PVC conduit
200
LF
48.92
9,784.00
#1-3
Bore and install (1) - 3" PVC conduit
20
LF
48.92
978.40
#1-4
Bore and install (2) - 3" PVC conduit
20
LF
69.21
1,384.20
#1-5
Bore and install (1) - 4" PVC conduit
40
LF
69.21
2,768.40
#1-6
Bore and install (2) - 4" PVC conduit
500
LF
98.49
49,245.00
#1-7
Bore in rock and install (1) - 2" PVC conduit
15
LF
133.10
1,996.50
#1-8
Bore in rock and install (2) - 2" PVC conduit
40
LF
146.41
5,856.40
#1-9
Bore in rock and install (1) - 3" PVC conduit
15
LF
146.41
2,196.15
#1-10
Bore in rock and install (2) - 3" PVC conduit
15
LF
173.03
2,595.45
#1-11
Bore in rock and install (1) - 4" PVC conduit
15
LF
173.03
2,595.45
#1-12
Bore in rock and install (2) - 4" PVC conduit
40
LF
199.65
7,986.00
#1-13
Additional cost for installation of 2" PVC conduit
20
LF
23.96
479.20
#1-14
Additional cost for installation of 3" PVC conduit
20
LF
33.95
679.00
#1-15
Additional cost for installation of 4" PVC conduit
20
LF
42.59
851.80
#1-16
Installation of 90 degree elbows
40
EA
113.14
4,525.60
Miscellaneous Items
#2-1
Labor and material to install Type D pull box
20
EA
532.40
10,648.00
#2-2
Labor and material to install Type 1 pull box
2
EA
732.05
1,464.10
#2-3
Cut and remove concrete
60
SF
25.96
1,557.60
#24
Labor only to replace install and finish concrete
60
SF
34.63
2,077.80
#2-5
Cut and remove asphalt paving
20
SF
20.12
402.40
#2-6
Labor and materials to install asphalt paving
20
SF
34.61
692.20
#2-7
Backhoe for miscellaneous installation.
40
HR
199.65
7,986.00
#2-8
Load, haul, and dispose of excess material.
50
CY
107.81
5,390.50
Provide machine tamper and operator for
#2-9
miscellaneous compaction
10
CY
107.81
1,078.10
#2-10
Contractor charge for miscellaneous labor
40
FIR
99.82
3,992.80
Overall
Total:
$130,329.15
City of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
The City of Lubbock reserves the right to accept or reject any and all proposals in whole or in part and
waive any informality in the competitive proposal process. Further, the city reserves the right to enter
into any contract deemed to be in the best interest of the city.
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It is
the offeror's responsibility to advise the City of Lubbock 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 above submittal deadline.
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract,
job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment,
material or articles purchased. Will any officer or employee of the City, or member of their immediate
family, benefit from the award of this proposal to the above firm?
_ YES X NO
THE OFFEROR HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS PROPOSAL
IS BASED ON ANY ADDENDA POSTED.
INSURANCE REQUIREMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I
will be able to, within ten (10) business days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.
If the time requirement specified above is not met, the City has the right to reject this proposal and award
the contract to another contractor. If you have any questions concerning these requirements, please contact
the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
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.
TEXAS GOVERNMENT CODE SECTION 2252.152
The undersigned representative of the undersigned company or business, being an adult over the age of
eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify
that the company named above is not listed on the website of the Comptroller of the State of Texas
concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above -named company enter into a contract that is on said listing
of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan
or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and
Contract Department.
TEXAS GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(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 an organization, association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, or limited liability company, including a wholly owned
subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business
associations that exists to make a profit.
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.
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.
FEDERAL AND STATE SAFETY REGULATIONS
Contractor shall comply with all federal and state safety regulation including but not limited to
Occupational, Safety and Health Administration (OSHA) and the Department of Workforce Development
(DWD) regulations. This agreement includes incorporation of Federal Transit Administration (FTA)
Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by
the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, asset forth in FTA Circular 4220.1 F, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall
be deemed to control in the event of a conflict with other provisions contained in this agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests
which would cause Bus to be in violation of the FTA terms and conditions.
All Environmental Protection Agency (EPA) rules and regulations must be followed by the
Contractor.
MASTER AGREEMENT
For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, United
States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation
Equity Act for the 21 st Century, as amended, the National Capital Transportation Act of 1969, as
amended, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, February 17, 2009, or
other Federal laws that FTA administers.
httos://www.transit.dot.pov/fundin rantee-resources/sam le-fta-a reements/fta- rant -a reements
The Master Agreement can be found in its entirety on the City of Lubbock website www.ci.lubbock.tx.us
INCOMPLETE INFORMATION
Failure to complete or provide any of the information requested in this Request for Proposal, including
references, and/or additional information as information as indicated, may results in disqualification by reason
of "non -responsiveness".
Vendor Acknowledgement
In compliance with this solicitation, 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 Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
• Federal and State Regulations
• Master Agreement
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
Auth ized Signature-,-"'
o�
Print/Type Name
6�< ITI '� /.,. �"' 4 'd A
Company ame
Title
Date
Address
�'04�4 0 YY 7414X
City, State Zip Code
Contact for questions, clarifications, etc.
Name and Title:
` o—
Mailing Address:
-rO
City, State, Zip:
�VeGY
Telephone No:
gz _ o/ _ !�
Fax No:
— _
E-Mail:
EXHIBIT C
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 Liability 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.
Automatically add an excess liability of $4M.
Commercial General Liability Heavy Equipment Endorsement: Heavy equipment
endorsement is required
Commercial General Liability Digging Endorsement: XCU endorsement is required
Automobile Liability Requirements: $ 1 M/occurrence is needed
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.
* 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 for non-
payment.
* Carriers must meet a A.M. Best rating of A- or better.
* Subcontractors 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 INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314Avenue K, Floor 9
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.
Cheryl Brock
Changed On Description Before After
05/1312022
Geo Rules Caller Type
None
Submittal —Received
05/13/2022
Completed
No
Yes
05/13/2022
Complete Date
[none]
5/13/2022
05/13/2022
Item Review Status ID
Under Review
Approved
05/13/2022
Passed
No
Yes
05/13/2022
Submittal Status ID
Under Review
Approved
O6/24/2022
Geo Rules Caller Type
None
Submittal —Received
O6/24/2022
Completed
No
Yes
O6124/2022
Complete Date
[none]
6/24/2022
O6/24/2022
Item Review Status ID
Under Review
Approved
O6/24/2022
Passed
No
Yes
O6/2412022
Submittal Status ID
Under Review
Approved
Jill MacDougall
Changed On Description Before
05/17/2022
Geo Rules Caller Type
05/17/2022
Plan Note added
05/17/2022
Assigned User ID
05/17/2022
Completed
05/17/2022
Complete Date
05/17/2022
Item Review Status ID
05/17/2022
Submittal Status ID
05/20/2022
Geo Rules Caller Type
05/20/2022
Assigned User ID
05/20/2022
Comments
05/20/2022
Completed
05/20/2022
Complete Date
05/20/2022
Item Review Status ID
05/20/2022
Passed
05/20/2022
Submittal Status ID
None
Morrison, Lainey
No
[none]
Under Review
Under Review
None
Morrison, Lainey
[none]
No
[none]
Under Review
No
Under Review
Current Balance Cost of Good/Services
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
$207,000.00
Additional Info
Plan (PUR-2022-16620)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan submittal text: (5/12/2022)
Plan (PUR-2022-16620)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan submittal text: (6/23/2022)
After
Current Balance Cost of Good/Services
Additional Info
Submittal —Received
$207,000.00
Plan (PUR-2022-16620)
$207,000.00
Plan note text: (Needs insurance portal
response email attached.)
MacDougall, Jill
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Yes
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
5/17/2022
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Requires Resubmission
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Requires Resubmission
$207,000.00
Plan submittal text: (5/12/2022)
Submittal —Received
$207,000.00
Plan (PUR-2022-16620)
MacDougall, Jill
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Insurance requirements approved
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Yes
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
5/20/2022
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Approved
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Yes
$207,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Approved
$207,000.00
Plan submittal text: (5/20/2022)
June 24, 2022 Page 1 of 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 it there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6d 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.
Utility Contractors of America, Inc.
2022-902682
Lubbock, TX United States
Date Filed:
06/23/2022
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.
16620
Underground Boring Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Ziegner, Jonathan
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Jonathan Ziemer and my date of birth is
My address is 460713th Lubbock , TX_, 79416 US
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct
Executed in Lubbock County, State of Texas on the —2-1-day of June 202_.
(month) (year)
ignature of authorized ent of co cting business entity
(Declarant)
=nrme nrnvirlarl by To— =tk;— r........:.:...
- — ��wrv.cuuw.Q=L=.LA.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- a 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:
2022-902682
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Utility Contractors of America, Inc.
Lubbock, TX United States
Date Filed:
06/23/2022
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:
06/23/2022
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.
16620
Underground Boring Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Ziegner, Jonathan
Lubbock, 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 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)
t-orms proviaea by I exas Ethics commission www.ethics.state.tx.us Version V1.1.191b5cdc