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HomeMy WebLinkAboutResolution - 2018-R0419 - MH Civil Constructors - 12/06/2018Resolution No. 2018-RO419 Item No. 6.6 December 6, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 14223 for Concrete Drainage Channel Repairs Service as per RFP 18-14223-FM, by and between the City of Lubbock and MH Civil Constructors, Inc., of Amarillo, 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 December 6, 2018 DANIEL M. POPE, MAYOR ATTEST: (h) �&� Rebecca Garza, ity S retary APPROVED AS TO CONTENT: Jesic cE chern, Assistant City Manager APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney ccdocs/RES.Service CONTRACT 14223 — Concrete Drainage Channel Repairs Service November 13, 2018 Resolution No. 2018-RO419 City of Lubbock, TX Concrete Drainage Channel Repairs Service Service Agreement Contract 14223 This Service Agreement (this "Agreement") is entered into as of the 6 day of December. ("Effective Date") by and between MH Civil Constructors, Inc. (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposal 18-14223-FM Concrete Drainage Channel Repairs Service. 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 Concrete Drainage Channel Repairs Service, 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: I I City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Schedule of Rates Submittal Form — Attachment A 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit A, B and C attached hereto. Article 1 Services 1.1 The contract shall be for a term of two (2) years, with the option of three (3), one (1) year extensions; said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this proposal. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract of contract may be terminated for non-compliance. The rates may be adjusted upward or downward at that time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) for the previous 12 months. The effective change rate shall be based on the index average rate for all items. 1.2 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will tenninate 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 tennination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.2 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terns of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.3 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.5 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.6 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.7 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.8 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 2.9 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 2.10 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.11 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this do. 2.12 The .Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: I Daniel M. Pope, Mayor TTEST: Rebecca Garza,16ty Secretary APPROVED AS TO CONTENT: Mike Keenum, Division Director of Engineering/City Engineering APPRO XO,FORM: Kelli L isure, Assistant City Attorney CONTRACTOR: Contractor's S' nature 5-,1 d Nv .Vy (L Printed Name 61,yal Title City of Lubbock, TX Exhibit A RFP 18-14223-FM Concrete Drainage Channel Repairs Service IL GENERAL REQUIREMENTS 1 INTENT a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals, (hereinafter called "Proposer") to provide a Concrete Drainage Channel Repairs Service contract. b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. c) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 BACKGROUND Numerous concrete drainage channels throughout the city are in various stages of disrepair. Broken channels become a safety hazard when erosion occurs and leaves the concrete structures suspended and prone to collapse. Severe cases may even subject some of the City's infrastructure to faillure and are in need of replacement or repair. In addition, broken structures that have fallen off into lakes need to be removed and replaced. Repair and/or reconstruction of these channels will attempt to minimize future erosion and safety concerns in these areas. Complaints and the underlying safety hazards associated with the concrete drainage channels necessitate ongoing repairs of the structures. This service contract will provide the opportunity to have a contractor identified that can respond quickly and is capable of making the necessary repairs as problems are identified. 3 SCOPE OF WORK The contractor shall have the ability to make repairs and/or replace existing concrete drainage channels. The types of repairs will vary based on the specific situations, and materials such as gabion baskets, turf reinforcement mats, rock riprap, concrete lining, and more are expected to be used for the repairs. Most of the existing failures are in or around concrete channels that have experienced erosion due to possibly undersized channel capacity or wave action undercutting the structures. This service contract will help to repair many of these instances that are present all over town. Specific direction will be provided by the City Storm Water Engineer as to which particular location needs attention and which methodology will be utilized. The contractor must be able to mobilize and respond quickly, especially at times when an emergency type of repair is needed. Detailed Scope: 1. Provide all labor, materials, tools, supervision and equipment to fully perform the work of repair and/or replacement of concrete drainage channels as well as the earthwork grading necessary for the repair. The methods of construction shall conform to the requirements of all applicable American Society of Testing Materials (ASTM) Standards as well as all the American National Standards Institute (ANSI) and NSF International Standards. 2. Utilize a variety of techniques to repair/replace broken concrete channels throughout the City of Lubbock. Specific direction for locations and type of repairs will be provided by the City. Coordination with Contractor will be essential in helping determine the best repair process to help prevent future erosion in the immediate area. 3. Provide traffic control as necessary 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. 4 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 basis 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 the initial contract will remain in effect for a period of two (2) years, with the option of three (3), one (1) year extensions. The City has the option to extend the contract three times in one-year increments, for a maximum total contract length of five years. 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 Price 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 shall be deemed or held to be a waiver of any breach of any covenant or agreement contained therein. 5 CITY'S RESPONSIBILITIES The City Engineering department will identify, assess, and prioritize specific problems. The City will notify Contractor of locations requiring repair and a description of the field conditions at repair locations, along with the type of repair method to be utilized. 6 CONTRACTOR'S RESPONSIBILITIES Contractor will be required to perform repairs to the City's surface drainage features. Contractor is responsible for all means and methods used to complete the repairs, as directed by the City. Contractor shall be responsible for providing the following at levels adequate to complete repairs in a timely manner as outlined below: • Qualified Labor • Tools • Equipment • Transportation • Services (including fuel, electricity, water, and communications) The Contractor shall be responsible for notifying the Engineering department for each of the working days of this contract. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. See Exhibit A for wage rates. A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 7 Water Quality Protection or Storm Water Quality 7.1 Much of the work on this contract will occur at or near local playa lakes. As such, the contractor shall take all necessary steps to protect the playa lakes from discharges of construction -related materials into the lakes. This will require the use of Best Management Practices (BMPs) such as providing sediment controls, temporarily rerouting drainage flows during construction, and providing an area for concrete washout. Specific BMPs questions can be directed to the Engineering Department. 7.2 The Contractor is responsible for damage resulting from performing repair and clean-up of effected area. 8 CONTRACTOR'S LICENSE CLASSIFICATION 8.1 Contractor shall possess a valid Contractor's license at the time of request for proposal closing date and for the duration of the Contract. Failure to possess the specified license shall render the proposals as non -responsive. 8.2 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. 9 REPAIR STANDARDS Final repair shall provide for fully functional and flowing condition of surface drainage features. The current City Standard Specifications & Details at the time of repair shall be complied with. The Technical Memorandum for Concrete Drainage Channel Repairs — Appendix A shall be adhered to for types and techniques of repairs. All Federal, State, and Local health and safety rules and regulations shall be complied with. 10 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. 11 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 Nvith a written schedule approved by the City. If repair cannot be completed within a timely period, Contractor shall provide written notification to the City detailing reasons for delay and anticipated completion schedule within two (2) days of notification. Normal work hours are anticipated to be Monday through Friday 7:00 am to 5:00 pm. Any work outside of these times needs prior authorization from the City at least 48 hours in advance. 12 PROTECTION OF EXISTING FACILITIES 12.1 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. 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. 12.2 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. 12.3 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 pavement shall conform to the requirements of the City. All pavement, which is subject to partial removal, shall be neatly saw cut in straight lines per City specifications. The Contractor shall be responsible for the repair of all trenches and paved areas that settle or fail within one year of construction. 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 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. 13 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°'o 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. [:xhihit 13 Attachment A City of Lubbock, TX RFP 18-14223-Frig Concrete Drainage Channel Repairs Service Schedule of Rates Submittal Form DESCRIPTION HOURLY RATE ESTMATED ANNUAL HOURS TOTAL COST Labor Normal hours Monday Friday Supervisor $ 90.00 _ $ 80.00 1 500 1500 $135,000.00 5120,000.00 Equipment Operator Truck Drivcr $ 70.00 1500 $105,000.00 Laborer $ B0.00 1500 $ 90,000.00 Urgent Repairs (within hours 8) Supervisor $100.00 500 $ 50,000.00 Equipment Operator $ 90 00 Soo $ 45,000.00 Truck Driver $ 80.00 500 $ 40,000.00 Laborer $ 70.00 500 $ 35,000.00 Emergency Repairs (within hours 4) Supervisor $110.00 100 $11,000.00 Equipment Operator $100.00 100 $10,000.00 Truck Driver $ 90,00 100 $ 9,000.00 Laborer $ 80.00 100 $ 8,000.00 Total: 8,400 $ 658,000.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos.1. 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number. 1 Name of business entity firing form, and the city, state and country of the business entity's place of business. 2018-422610 MH Civil Constructors, Inc. Amarillo, TX United States Date Filed: 11/0612018 Name of govemmental entity or state agency that is a party to the contract for which the forms being filed. Lubbock, City of Date Acknowledged: 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 1B-14223-FM Concrete Drainage Channel Repairs Service 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Moreno, Juan i Amarillo, TX United States X Hernandez, Saul �madilo, TX United States X 5 Check only if there is NO Interested Parry. ❑ 6 UNSWORN DECLARATION My name is Saul B. HemandeZ and my date of birth Is My address is 4200 Ridgecrest Circle, Suite 11 Amarillo Texas. 79109 USA (street) (city) (state) (zip code) (—may) 1 declare under penalty of perjury that the foregoing is we and correct Executed in Randall County, State or Texas on the 9th day or Seatember20 !L (month) (year) shad try Saul s Hernandez DotaLocation Location Amarltb. TeKaa Contact Into 806-367.6043 Date: 201&11.06 0929:31-060(r Signature of authcrzed agent of contracting business entity I rant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-422610 MH Civil Constructors, Inc. Amarillo, TX United States Date Filed: 11/06/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Lubbock, City of Date Acknowledged: 11/06/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 18-14223-FM Concrete Drainage Channel Repairs Service 4 Name of Interested PartY City, State, Country (Place of business) Nature of interest (check applicable) Controlling Intermediary Moreno, Juan Amarillo, TX United States X Hernandez, Saul Amarillo, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711