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HomeMy WebLinkAboutResolution - 2022-R0330 - Conract 16449 with Johnson General Contractors Group - CitibusResolution No. 2022-R0330 Item No. 5.19 July 26, 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, Contract No. 16449, as per RFP 22-16449-KM, for transit bus stop and shelter maintenance, by and between the City of Lubbock and Johnson General Contractors Group, LLC 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 ATTEST: Rebec t Garza, City Secr APPROVED AS TO CONTENT: Billyg,ler6, Depu Manager APPROVED AS TO FORM: Ryan Bv6oke, Assistant City Attorney July 26, 2022 TRAY PA , WAYOR RES.Contract No. 16449-Johnson General Contractors Group, LLC 6.22.22 Resolution No. 2022-R0330 City of Lubbock, TX Transit Bus Stop and Shelter Maintenance Agreement Contract 16449 This Service Agreement (this "Agreement") is entered into as of the 26thday of July 2022 ("Effective Date") by and between Johnson General Contractors Group, LLC (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 22-16449-KM, Transit Bus Stop and Shelter Maintenance 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 Transit Bus Stop and Shelter Maintenance, 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 — Best and Final Offer 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 four, 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. CITY O K CONTRACTOR rz)/Z�5� BY: Tray e, o Authorized -representative ATTEST: " &A4� C, ic Rebecc Garza, City Secre APPROV5DW TO CO ENT: Chris Mandrell, Generak Manager of Citibus APPROVED AS TO FORM 11-7 Ryan roo , Assistant City Attorney Print Name Address City, State, Zip Code Exhibit A City of Lubbock, TX RFP 22-16449-KM Cleaning and Maintenance for Transit Bus Stops and Shelters GENERAL REQUIREMENTS 1. INTENT 1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms, (hereinafter called "Proposer") to provide bus stop and shelter cleaning and maintenance services for all transit stops. Services provided by Proposer will include bus stop sign and shelter installation, removal, relocation, repair, maintenance and cleaning services. The selected firm will be responsible for providing services in accordance with the scope of services outlined in the proposal. No guarantee of volume. The City of Lubbock does not guarantee any specific amount of compensation volume, minimum or maximum for shelter and bus stop installation, removal or relocation. Amounts and quantities listed on the price proposal sheet form are estimates only. The proposal item listed for shelter and bus stop installation, removal, and relocation is for the complete installation and removal of and any related construction work, to include, but not limited to, assembly of new bus shelters, transportation of shelter to installation site, proper and timely excavation, removal and disposal of present site material, repair and/or pour concrete pad, securing and bolting pre -fabricated bus shelter and clean-up of site area. Must meet all ADA criteria. Davis Bacon Act Labor wages much be incorporated by Contractor. 2. SCOPE OF WORK 2.1 Contractor will furnish all labor, materials, equipment and supplies to install, remove, relocate and maintain Citibus shelters, benches, bus stops and other passenger amenities at Citibus' request. Citibus will procure and provide all shelters, benches, bus stops or other passenger amenities. It is preferable that the Contractor be able to store shelters, replacement parts, benches and bus stop signs at their location, however; storage location of these items is negotiable. A. Shelter/Bench/Bus Stop Installation/Removal/Relocation: 1. The Contractor will construct and install, remove or relocate shelters, benches and bus stop signage as needed per Citibus. 2. Shelter/Bench/Bus Stop Removal. Some locations will require the removal of existing shelters, benches, bus stop signs or other passenger amenities due to vandalism, vehicle accidents or other causes. Contractor shall disassemble existing shelter(s), bench(es), or bus stop sign(s) and dispose of in accordance with all federal, state and city guidelines, or return to a location to be determined by Citibus. In emergency situations, removal of shelters, benches, bus stop signs or other passenger amenities will need to occur outside of normal business hours including nights and weekends. 3. Shelter/Bench/Bus Stop Relocation. There will be occasions when an existing shelter, bench, or bus stop will need to be moved from one location to another site. The Contractor shall disassemble existing shelter(s), bench(es), or bus stop sign(s) and reinstall them at a location(s) to be determined by Citibus. All removal and installation requirements must be followed during the relocation process. 4. Shelter and Bench Assembly and Installation. The contractor will be responsible for shelter and bench assembly and installation. Citibus anticipates, and reserves the right, to purchase shelters or benches that may be a different size and have components different than mentioned below. For pricing purposes, Citibus's current shelter inventory includes the following three (3) shelter designs, sizes, and components. 0 5' x 10'with a barrel top, replaceable glazing, 5 foot bench on the rear wall, two full sides and a full rear, 4 foot front panel that will allow for wheel chair access • 5' x 9.25'with a barrel top, replaceable glazing, 5 foot bench on the rear wall, two full sides and a full rear, 4 foot front panel that will allow for wheel chair access 0 10' wide with a barrel top, steel or wired backing, 5 foot bench on backing and bench width is 2ft • 18" height bench, 1' in width and 5' in length supported by two (2) legs Newly purchased shelters will likely be of similar size Pictures of existing shelters and benches are included in Attachment A. 5. Successful proposer(s) will be required to pick up the shelter(s), benches, and/or bus stop signage from their storage location or at the Citibus maintenance facility (if applicable) located at 801 Texas Avenue, Lubbock, TX and deliver them to the designated site(s). 6. Concrete Pad / Site Preparation. Successful proposers(s) may be required to construct a concrete pad at shelter site locations as determined by Citibus. Concrete pads shall be minimum 4000 PSI with fiber and rebar reinforced. Minimum dimensions of 12'-0" X 7'-0"X 6" thick. The shelter will be anchored to the poured concrete pad. The concrete pad should be allowed to cure at least seven (7) days before anchoring the shelter. The successful proposers(s) will also be responsible for any site preparation to ensure that the existing surface at each site is level prior to construction of the concrete pad. 7. Grade. The grade of boarding and alighting areas shall be the same as the adjacent sidewalk, street or highway, to the extent practicable. 8. Permits, licenses and easements of a temporary nature which are necessary only for and during the construction, shall be secured and paid for by the Contractor. 9. Contractor must insure that all City of Lubbock codes are adhered to. 10. Installation must meet ADA criteria see website: hgps: www.access-board.gov/ada/#ada-810 A synopsis of the requirement can be found in Attachment B. 11. The Contractor expressly undertakes, either directly or through its subcontractor(s), to clean up frequently all refuse, rubbish, scrap material, and debris caused by its operations, to the end that at all times the jobsite shall present a neat, orderly, and workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left within the completed work site nor buried on site, but shall be properly protected and removed from the site and properly disposed of in a licensed landfill or otherwise as required by law or otherwise required by the Contract. 12. The Contractor expressly undertakes, either directly or through its subcontractor(s), before final payment, to remove all surplus material, false work, temporary structures, and debris of every nature resulting from its operations and to put the site in a neat orderly condition. If Contractor fails to clean up at the completion of the Project, Citibus may do so and charge all the costs thereof to the Contractor. 13. Protection on Site. The Contractor expressly undertakes, both directly and through its subcontractor, to take every reasonable precaution at all times for the protection of all persons and property which may come on the jobsite or be affected by the Contractor's operation in connection with the Work. 14. Safety and Health Precautions. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety and health precautions and programs in connection with the Work, including but not limited to provision of appropriate sanitation facilities, if applicable. 15. Protecting the Public. The Contractor shall in all cases protect the public and the Work, during its execution, by posting and maintaining, at its expense, appropriate signs, barricades, barriers, lights, flagmen, and other safety devices. 16. Protecting the Work and Adjacent Property. The Contractor shall continuously maintain adequate protection of all its work from damage and shall protect Citibus's property and the property where the Work is being done from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or its loss of use. Contractor shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by any public authority, local conditions, any of the persons and Contract Documents, or erected for the fulfillment of its obligations for the protection of or erected for the fulfillment of its obligations for the protection of persons and property. 17. Emergencies. In an emergency affecting the safety or life of persons or of the Work, or of the adjoining property, the Contractor, without special instruction or authorization from project manager, City Engineer, Building Code Official, or Fire Official, shall act, at Contractor's discretion, to prevent such threatened loss or injury. 18. Damage to the Work. The Contractor shall have charge of and be solely responsible for the entire Work and be liable for all damages to the Work including, but not limited to any property at or in the vicinity of the Work, until Contractor completes the Work and it is approved and accepted by Citibus. 19. Damage to Other Work or Utilities. The Contractor shall take into account all other work which shall be done by other parties on the jobsite, either now known or which may become necessary during the progress of the Work, and shall be responsible for any damage done to the other work. Should any utilities require adjustment during the Work, it shall be the Contractor's responsibility to have such utilities relocated as a part of the Work and to contact and cooperate with the respective Utility Company in performance of such operations. The respective Utility Company shall be given a minimum of forty-eight (48) hours' notice prior to the adjustment. Damages that may occur to the utilities during the Work shall be the sole responsibility of the Contractor. 20. Damage to Existing Structures. Damage caused by Contractor or its subcontractors to concrete curbs, gutters, sidewalks, or any existing facility, structure, or building that may occur during the Work shall be repaired or replaced by the Contractor, at its sole expense, as directed by and to the satisfaction of Citibus. 21. Release by Contractor. The acceptance by the Contractor of the fmal payment for any requested work shall be and does operate as a release by the Contractor of all claims by the Contractor against Citibus and of all other liability of Citibus to the Contractor whatever, including liability for all things done or furnished in connection with the Work or the Contract. 22. Additional Warranty. The Contractor hereby warrants and guarantees that all of the Work, including, but not limited to, all materials, services, workmanship, and equipment, shall be free from any defects, deficiencies, inferior materials or equipment, and that the workmanship shall be of the highest quality for the type of Work performed or items supplied, and that all materials and equipment are new unless otherwise specifically noted in the Contract. Such warranty shall be for a period of 1 year from the date of the Contractor's final and proper completion of the Work and acceptance of such Work by Citibus. 23. Defective Work. The Contractor agrees it shall repair or replace, at Contractor's sole expense, and to the satisfaction of Citibus, any work, material, equipment, or part that is found, by Citibus, to be defective and/or not in accordance with the Contract. 24. Warranty Extension. In any case, where in fulfilling the requirements of the Contract or any guarantee embraced in or required thereby, the Contractor disturbs, damages, or repairs any work guaranteed under the Contract, it shall restore such work to a condition satisfactory to Citibus and guarantee such restored work to the same extent and for a like additional period of time as it was guaranteed under the Contract. 25. Correction of Defects. If the Contractor, after notice, fails to proceed promptly to correct any defects or defective Work, Citibus may have the defects or defective Work corrected by Citibus or another entity and the Contractor shall be liable for all costs and expenses incurred in doing SO. 26. Risk of Loss. The Contractor shall bear the risk of loss to the Work or any part thereof including any damages or loss from any cause of any type, loss, theft, mutilation, vandalism, or other damage, including those caused by acts of God, prior to the acceptance of the Work by Citibus. 27. Ownership of Material and Work. All materials and work covered by payments shall become the property of Citibus. This provision shall not relieve the Contractor from the responsibility for all material and to maintain all completed Work and to repair all damaged Work. The Contractor shall not deem a payment as a waiver to complete the terms of the Contract or shift the risk of loss from the Contractor to Citibus. The Contractor warrants that it has good title to all materials, equipment, and supplies which it uses in the Work or for which it accepts payment in whole or in part. 28. Davis -Bacon Act. The Contractor acknowledges and agrees that the Davis -Bacon Act, which is incorporated herein by reference, applies to this Contract. The Contractor shall comply with the applicable provisions of the Davis -Bacon Act. B. Shelter/Bench/Bus Stop Inspections and Repair: The Contractor will conduct condition assessments of all amenities (benches/shelters/bus stop signage) on a monthly basis, or a mutually agreed upon timeframe. The Contractor will report to Citibus any damage to the shelters, benches, or bus stop signage that is found during their inspection of aforementioned sites. This includes vandalism, graffiti, glass breakage, concrete damage, any damaged or broken components, hazardous waste materials (ex. Organic Material), etc. The Contractor will make repairs as approved and/or requested by Citibus. The Contractor may be responsible for procuring replacement panels if it leads to a faster turnaround time for repairs. C. Graffiti and other Unauthorized Items: Contractor will remove any and all paint or graffiti from any shelter, bench, Citibus stop sign or other passenger amenity. Also, the removal of any and all unauthorized items, such as but not limited to ink markings, decals, stickers, gum, signs, or any other unauthorized item at all bus shelters, benches, bus stop signs including the poles, trash receptacles, etc. Defaced items shall be repaired within three days. The Contractor must follow all local, state, and federal storm water quality laws and regulations when removing graffiti. The Contractor must follow proper procedures and manufacturer recommendations before any graffiti removal is attempted. The Contractor must contact the Citibus Director of Maintenance before any chemical is applied on any Citibus owned surface. Material Safety Data Sheets (MSDS) shall be furnished by the Contractor to the Citibus Director of Maintenance for each of the products listed in above and for all other chemicals used by the Contractor in the performance of the contract. A properly marked and updated file or notebook of all MSDS sheets must be kept at each location with cleaning supplies at all listed locations in the contract at all times. If the Contractor changes or substitutes chemicals during the performance of this contract, the Citibus Director of Maintenance shall be furnished with two (2) copies of the list of chemicals replacing original chemicals. Any chemicals not approved by the Owner or have proper Material Safety Data Sheets (MSDS) for use in its buildings shall be removed within one (1) working days after notification by the Owner to the Contractor to do so. The Contractor will be responsible to repair or replace any damaged caused by improper use of materials. Neither Citibus nor the City of Lubbock will be responsible for dumping or landfill fees. D. The Proposer shall have all the required licenses and certifications necessary to perform this work. E. References: Supply a minimum of three references, which shall include the name and address of the company, contact name, telephone number and type of service provided. F. Documents: Proposer must submit the following forms with their proposal. Failure to do so may deem the proposal non -responsive: • Statement of Eligibility • Affidavit of Non -Collusion • List of Similar Contracts • Buy America Certificate 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, as set forth in FTA Circular 42203F, 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 Citibus to be in violation of the FTA terms and conditions. 3. 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. 4. EVALUATION CRITERIA 4.1. The City of Lubbock and Citibus staff will review all proposals for completeness. Those proposals found incomplete or failing to address the needs of Citibus as stated herein will not be evaluated. Those proposals furnished complete with all required documentation will be evaluated. Proposers are urged to initially submit their best offer. An award (if any) will be made to that proposer whose proposal is deemed most advantageous to, and in the best interest of, Citibus and the general public. The evaluation factors in order of importance are as follows: 4.1.1. Availability of Staff — 20 Points 4.1.2. Qualifications and References - 20 Points 4.1.3. Experience with Similar Projects — 30 Points 4.1.4. Price 30 Points 5. PROPOSAL FORMAT 5.1. 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. 5.2. The proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. 5.3. 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. 5.4. The proposal must be organized into the following response item sections and submitted in an indexed binder. 5.4.1. Cover letter addressed to the Honorable Mayor and City Council that states the Offeror's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. 5.4.2. A description of the methodology to be used to complete the project to include, but not be limited to, how recommendations will be formulated and commitment of adequate appropriate resources to the project. 5.4.3. Offeror's specific expertise in areas pertinent to the project to include a listing and brief description of similar projects completed (with the dates of completion) or in progress and a list of references by name, address, and telephone number for each project listed. This list of projects in progress shall include the phase of work that each project is currently in (i.e. design, bid, construction), and the estimated completion date. 5.4.4. A brochure of past work, with emphasis on comparable projects. 5.4.5. List of principal(s) of the Proposer and amount of time that principal(s) will be involved in the project. 5.4.6. List of other professionals to be used, if applicable, with a record of experience in projects of this nature. Identification of principal(s) and percentage of time the principal(s) will be involved in the project. 5.4.7. The organizational structure of the employees who will be assigned to this project along with resumes of those individuals. If a joint venture is expected, then provide the organizational structure of the sub -contractor and resumes of those persons who will be involved in the project. 5.4.8. The Proposer must assure the City that he/she will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances. 5.4.9. Describe the Offeror's methodology for handling errors and omissions. 5.4.10. Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. This would apply to the Proposer as well as consultants subcontracted by the Proposer. 5.4.11. Any material which the proponent wishes to submit and which is not specifically requested in the above categories. 5.4.12. Offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal. CUS ik -1 m VAN General Requirements - Attachment B 810.2 Bus Boarding and Alighting Areas. Bus boarding and alighting areas shall comply with 810.2. Advisory 810.2 Bus Boarding and Alighting Areas. At bus stops where a shelter is provided, the bus stop pad can be located either within or outside of the shelter. 810.2.1 Surface. Bus stop boarding and alighting areas shall have a firm, stable surface. 810.2.2 Dimensions. Bus stop boarding and alighting areas shall provide a clear length of 96 inches (2440 mm) minimum, measured perpendicular to the curb or vehicle roadway edge, and a clear width of 60 inches (1525 mm) minimum, measured parallel to the vehicle roadway. 60 min 1525 I I I I I I � I I curb or vehicle roadway edge Figure 810.2.2 Dimensions of Bus Boarding and Alighting Areas 810.2.3 Connection. Bus stop boarding and alighting areas shall be connected to streets, sidewalks, or pedestrian paths by an accessible route complyingwith 402. 810.2.4 Slope. Parallel to the roadway, the slope of the bus stop boarding and alighting area shall be the same as the roadway, to the maximum extent practicable. Perpendicular to the roadway, the slope of the bus stop boarding and alighting area shall not be steeper thanl: 48. 810.3 Bus Shelters. Bus shelters shall provide a minimum clear floor or ground space complying with 305 entirely within the shelter. Bus shelters shall be connected by an accessible route complying with 402 to a boarding and alighting area complying with 810.2. bus boarding i ( I shelter I and I 4n r-------- I alighting L — — — — I area I curb or vehicle roadway I I accessible route I edge Q!--------� Figure 810.3 Bus Shelters Exhibit B City of Lubbock RFP 22-16449-KM Transit Bus Stop and Shcltcr Maintcnancc Bat and Final Primary Responses Description Installation tr1-1 Shelter Installation NI-2 Bench 01-3 Bus Stop Signage New Concrete Pad for shelter, bench or bus stop 91.4 per square foot of concrete, including labor and materials Shelter Removal & Relocation 02.2 Bench a2.3 Bus Stop Signage I Removal & Disposal 93.1 Shelter #3.2 Bench N3.3 Bus Stop Signage Inspection & Repair tt4-1 'Shelter/Bench/Bus Stop Inspections p4.2 Remove Graffiti Concrete Repair for shelter, bench or bus stop a4-3 per square foot of concrete, including labor and materials 94.4 Glass/Panel Repair a4-5 Hazardous Waste Removal (per hour) *Item will be requested on an "As Needed" basis Numeric 1 EA 210 o z o0 1 EA 3 SO EA JQo ►cifl OO 1 5F 21 ' � Z 1 EA / I4�� // r 0 EA � -0 1 EA `7� Z 75 1 EA (0190 1VP0 1 EA 250 2-SO 1 EA Its /ZG 1 MONTHLY -7gvO 7 1 EA Z 5© 250 1 SF 2 q 214 1 EA 910 210 1 HR 8Is 85 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. 'TiL L T;ketuto Print/T Name _'TAi1� e n Gt . n C—SL Ok0_�. «S_ Company Name GYO u_c. . a �i Date M401 s -. Address City, State ZiV Code Contact for questions, clarifications, etc. Name and Title: •1 Mailing Address: ' City, State, Zip: Telephone No: Fag No: LYA rF—,-;ail: �- .J Exhibit C INSURANCE REQUIREMENTS Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ® To Include Products of Complete Operation Endorsements AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp./Op AGG X Personal & Adv. Injury X Contractual Liability Fire Damage (Any one Fire) Med Exp (Any one Person) Per Occurrence ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY X X $1,000,000 $500,000 $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 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.