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HomeMy WebLinkAboutResolution - 2009-R0562 - Contract - Utility Contractors Of America LTD- Storm Sewer Pipeline Repair - 12_16_2009Resolution No. 2009—RO562 December 16, 2009 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on 'behalf of the City of Lubbock, Contract No. 9312 for storm sewer pipeline repair and replacement services per RFP 10-026-MA, by and between the City of Lubbock and Utility Contractors of America, LTD of Wolfforth, 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 this 16th day of December , 2009. TOM MARTIN, MAYOR ATTEST: r-7Q> sj..,e , _' -a "I - Retie 'a Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Utility Contractors December 1, 2009 Resolution No. 2009-RO562 SERVICES AGREEMENT This Services Agreement (this "Agreement") is entered into as of the 16T" day of December, 2009 ("Effective Date") by and between UTILITY CONTRACTORS OF AMERICA, LTD. of Wolfforth, Texas (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals (RFP 10-026-MA) for Storm Sewer Pipeline Repair and Replacement Services. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide storm sewer pipeline repair and replacement 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 — Scope of work 3. Exhibit B— Schedule of rates 4. Exhibit C — Insurance Requirements Article 1 Services. 1.1 Contractor agrees to perform services for the City that are specified under the Scope of Work. Payment for work will be labor and equipment to be negotiated on a case -by -case basis. The hourly rates are specified in Exhibit B (the "Schedule of Rates") and hereto. The contract amount shall not exceed $500,000 for the term of the contract, unless the contract is amended by City Council. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.3 Nonappropriation clause. 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 Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 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 thirty (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 IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. City of Lubbock, Texas Tom Martin, Mayor ATTEST: Rebecca Garza, City Secretary �0' Marsha Reed, Chief Operations Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Utility Contractors of America, Ltd. '' By: L Name: y Lane Title: General Manager Resolution No. 2009-RO562 EXHIBIT A 1. SCOPE OF WORK The contractor shall have the ability to make pipeline repairs on lines up to 35 feet deep on diameters ranging from 6 inches to 78 inches. The material is primarily concrete, but other pipe materials may be encountered. The contractor will need to be able to make repairs and/or add new manholes in existing storm sewer pipelines. These manholes can vary in material as well and would be up to 35 feet depth. All paving and surface repairs would need to be made in conjunction with the repairs. The contractor must be able to mobilize and respond quickly, especially at times if there is an emergency type of repair needed. Detailed Scope: 1. Provide all labor, materials, tools, supervision and equipment to fully perform the work of repair and/or replacement of circular and non -circular storm sewers. The methods of construction shall conform to the requirements of all applicable American Society of Testing Materials (ASTM) Standards as well as all the American National Standards Institute (ANSI) and NSF International Standards. 2. Install new manholes and adjust frames and grates on existing manholes. 3. Provide traffic control in accordance with applicable TXDOT and TMUTCD regulations. 4. Furnish cleanup and restoration of the site to pre -construction conditions or better. 5. Carry out operations in accordance with local, state, federal and OSHA safety regulations. 2 CONTRACT TERMS AND DURATION The Contract will be in the form of Contract for Services. Payment for work will be on a labor and equipment and will be negotiated on a case -by -case basis. Payment will be based on time at the site only; mobilization/demobilization costs are to be included in the proposed rates. The Contract will begin after award of services by the City Council and will remain in effect for a period of one (1) year. The City has the option to extend the contract in one-year increments, for a total of three times. If the CITY opts for an extension, the Contractor's rates, as listed on Schedule Rate, shall be increased or decreased in proportion to the percentage increase or decrease, if any, in the Consumer Prime Index (all Urban Consumers) for the 12 month period prior to the beginning of each contract extension. Failure of Contractor to meet any of the contract requirements shall be considered sufficient grounds for immediate cancellation of the contract. The City may cancel by giving written notice to Contractor indicating the effective date of such cancellation. Waiver by the City of any breach of any covenant or agreement contained in said contract on the part of Contractor 2 shall be deemed or held to be a waiver of any breach of any covenant or agreement contained therein. 3 CITY'S RESPONSIBILITIES The City Storm Water Management department will identify and assess specific problems. The City will notify Contractor of general locations requiring repair and a general description of the field conditions at repair locations. Notification of residents whose service may be interrupted will be the responsibility of the City. 4 CONTRACTOR'S RESPONSIBILITIES Contractor will be required to perform routine repairs to the City's storm sewer system. Contractor is responsible for all means and methods used to complete the repairs. Contractor shall be responsible for providing the following at levels adequate to complete repairs in a timely manner as outlined below: • Qualified Labor • Tools • Equipment • Transportation • Services (including fuel, electricity, water, and communications) Water Quality Protection or Stormwater Quality The contractor shall take all necessary steps to protect the storm sewer system from discharges of construction -related wastewater, including: saw cutting slurry, concrete washout, sediment -contaminated runoff, sewage overflows, or highly - chlorinated discharges from water line testing. This will require the use of Best Management Practices (BMPs) such as providing sediment controls on downstream storm drain inlets, collecting and removing saw cutting slurry, providing an area for concrete washout, and directing highly -chlorinated discharges to the sanitary sewer or by dechlorinating this water. Specific BMPs are available from the Storm Water Management department. The Contractor is responsible for damage resulting from performing repair and clean up of effected area. The Contractor is responsible for meeting all Contract conditions and City Standards & Details for all work performed. Substandard work, as determined solely by the City, shall be redone at the expense of the Contractor. 5 REPAIR STANDARDS Piping is to be restored to original functional condition. The current City 3 Standard Specifications & Details at the time of repair shall be complied with. All Federal, State, and Local health and safety rules and regulations shall be complied with. 6 MATERIALS AND SUPPLIES Contractor will use materials and supplies that conform to the material being repaired or replaced. Alternate materials may be used upon request and approval from the Storm Water Engineer. Contractor will be required to provide necessary materials for completion of work. Contractor will also be required to submit a quote for materials to be used for each project. Quotes will be submitted to Storm Water Engineer to determine if the pricing is reasonable and fair. Quotes shall be on a form approved by the department with a detail list of materials and labor cost. Contractor shall obtain approval from Storm Water before materials are ordered. 7 SCHEDULING Time is of the essence for all work contemplated by the Contract. Contractor will make a good faith effort to start repairs within five (5) days of notification or in accordance with a written schedule approved by the City. If repair cannot be completed within this period, Contractor shall provide the City a full damage assessment, cost estimate and completion schedule within two (2) days of notification. Normal work hours are Monday through Friday 7:00 am to 5:00 pm. The City may designate some of the work as Emergency and request contractor to start work on an abbreviated schedule that can be negotiated between both parties. 8 REQUESTS FOR PAYMENT Upon completion of the project, the Contractor shall submit a request for payment. The payment shall itemize the actual cost incurred by the Contractor. Payment will be made after inspection of the completed services and satisfactory acceptance by Storm Water Engineer. 9. PROTECTION OF EXISTING FACILITIES 9.1 GENERAL A. The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to our better than they were prior to such damage or temporary relocation. 4 B. The Contractor shall verify the exact locations and depths of all utilities shown and the Contractor shall make exploratory excavations of all utilities that may interfere with the Work. C. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility. 9.2 RIGHTS -OF WAY A. The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, communication cable, fiber optic transmission line, or electric transmission line; any fence; or any other structure, nor shall the Contractor enter upon the right-of-way involved until notified by the Engineer that the City has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such pipeline, transmission line, ditch, fence, or structure, and for replacing same. When two (2) or more contracts are being executed at one time, on the same or adjacent land in such manner that work on one contract may interfere with that on another, the City shall determine the sequence and order of the Work. When the territory of one contract is the necessary or convenient means of access for the execution of another contract, such privilege of access or any other reasonable privilege may be granted by the City to the Contractor so desiring, to the extent, amount, in the manner, and at the times permitted. 9.3 RESTORATION OF PAVEMENT A. General: All paved areas, including asphalt concrete berms, cut or damaged during construction, shall be replaced with similar materials of equal thickness to match the existing adjacent undisturbed areas. Exceptions would be specific resurfacing requirements of the permit -issuing agency. All temporary and permanent pavements shall conform to the requirements of the City. All pavements, which is subject to partial removal, shall be neatly saw cut in straight lines per City specifications. The Contractor shall be responsible for the repair of all trenches and paved areas that settle or fail within one year of construction. B. Temporary Resurfacing_ Wherever required by the public authorities having jurisdiction, the Contractor shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period of time fixed by said authorities before proceeding with the final restoration of improvements. C. Permanent Resurfacing: In order to adhere to the City of Lubbock Standard 5 Specifications & Details regarding adjacent surfaces, the Contractor shall saw cut back and trim the edge so as to provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged portion of pavement. D. Restoration of Sidewalks or Private Driveways: Wherever sidewalks or private roads have been removed for purposes of construction, the Contractor shall place suitable temporary sidewalks or roadways promptly after back -filling and shall maintain them in satisfactory condition for the period of time fixed by the authorities having jurisdiction over the affected portions before proceeding with the final restoration or, if no such period of times is so fixed, the Contractor shall maintain said temporary sidewalks or roadways until the final restoration thereof has been made. G Resolution No. 2009—RO562 EXHIBIT B CITY OF LUBBOCK, TEXAS Storm Sewer Pipeline Repair and Replacement Service Contract RFP 10-026-MA PROPOSED SCHEDULE OF RATES DESCRIPTION HOURLY RATE ESTIMATED ANNUAL USAGE TOTAL COST Labor -- Normal hours Monday — Friday Supervisor � 1500 $ Equipment Operator ZK' a 1500 # a, o0 Laborer 1 - vo 1500 4 Z� m Urgent Repairs (within hours 8) Supervisor Hj _ or 500 Z Equipment Operator -6 500 a Qo Laborer 2. 500 Emergency Repairs (within hours 4) Supervisor � Q - 360 24 b W , o Equipment Operator . 04 360 s 1 Z130.1 Laborer � 3l� ' `� 360 Z ! Listed hours are estimates only. Actual quantities may vary dependent upon actual usage. Resolution No. 2009-RO562 EXHIBIT C CITY OF LUBBOCK, TEXAS Storm Sewer Pipeline Repair and Replacement Service Contract RFP 10-026-MA INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. 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 AMOUNT 1. Worker's Compensation Statutory and Employers Liability $500,000 2. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Heavy Equipment c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability 9. Combined single limit for bodily injury and property damage of S1,000,000 per occurrence or its equivalent. 3. Comprehensive Automobile Combined single limit for n Liability insurance, including bodily injury and property Coverage for loading and unloading of S200,000 per occurrence hazards, for: or its equivalent. a. Any Auto ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 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. f All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 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, Purchasing Manager City of Lubbock 1625 13`h Street, Room 204 Lubbock, Texas 74441 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 10