HomeMy WebLinkAboutResolution - 2019-R0241 - Matthews Backhoe - 07/09/2019Resolution No. 2019-RO241
Item No. 6.11
July 9, 2019
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. 14612 for Demolition of Various City
of Lubbock Owned Facilities as per RFP 19-14612= TF, by and between the City of Lubbock
and Matthews Backhoe, Inc., of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on July2019 9.
r
JEFF IF -I , MAYOR PRO TOM
ATTEST:
)K-
Retcca Garza, City Secr ary
APPROVED AS TO CONTENT:
Mark o , Assistant City Manager
APPROVED AS TO FORM:
Ili Leisure, Assistant City Attorney
ccdocs/RES.Contract 14612 Demolition of Various City of Lubbock Owned Facilities
May 24, 2019
Resolution No. 2019-RO241
Contract 14612
City of Lubbock, TX
Demolition of Various City of Lubbock Owned Facilities
Agreement
This Service Agreement (this "Agreement") is entered into as of the gth day of _Tul ^ ,
2019 ("Effective Date") by and between Matthews Backhoe. Inc., (the Contractor), and the City of
Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals RFP 19-14612-TF, Demolition of Various
City of Lubbock Owned Facilities.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this seivice; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Demolition of
Various City of Lubbock Owned Facilities, 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 — Specifications
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 tenn of one year, with the option of four, one-year extensions, said
date of tenn beginning upon fonnal approval. All stated annual quantities are approximations
of usage dining 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 druing 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. The rates may be adjusted upward or downward at this
time at a percentage not to exceed the effective change in the 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 or national index average rate for all items. If agreement cannot be reached,
the contract is terminated at the end of the current contract period.
1.2 The initial term of this Contract shall be from August 28, 2019 through August 27, 2020.
The subsequent periods covered by the optional, one-year renewals shall be August 28 of
the current year to August 27 of the next year.
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 fast 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 tennis 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 ui 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 refired 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 terns and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The terms and conditions provided herein are the
fmal terms agreed upon by the parties, and any prior conflicting terms shall be of no force
or effect.
2.13 The Vendor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that:
(1) The Vendor does not boycott Israel; and
(2) The Vendor will not boycott Israel during the term of the Agreement.
2.14 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBBOCK
t r
JEF x - ITH, MA OR PRO EM
ATTEST:
- '�K —
YRecaarza, City Secretary
APPROVED AS TO CONT T:
Wesley Evere ire r of Facilities vw�
Management
APMD AS T FORM
Kel i Leisure, Assistant City Attorney
CON A
Y.
Representative
(� u��
Print Name
wbbac lL; C%-101LMa
City, State, Zip Code
EXHIBIT A
City of Lubbock, TX
RFP 19-14612-TF
Demolition of Various City of Lubbock Owned Facilities
Specifications
1 INTENT
A. The City of Lubbock (hereinafter called "City") is seeking competitive sealed bids from interested
firms and individuals, (hereinafter called "bidder") to provide services for the demolition of various
City owned facilities.
B. Bidders are invited to subinit 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.
D. The City of Lubbock is seeking a contract for demolition services with one or more contractors. In
order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors
to provide the services desired, if multiple awards are in the best interest of the City. A decision to
make a multiple award, however, is an option reserved by the City, based on the needs of the City.
2 PROJECT DESCRIPTION
It is the intention of these specifications that the vendor hereunder shall finnuish and the City shall
purchase demolition services, covered by this agreement which may be required during the period
of time covered by this agreement. This contract is an on -call agreement for services on an as -needed
basis. The quantities shown are approximate and are for the purpose of bid evaluation. The City
reserves the right to order such services m may be required dining the said period, and it also reserves
the right not to order any services bid upon by the vendor, if it is found that such services are not
required by the City during the period covered by this agreement.
3 TERM OF AGREEMENT
A. 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. The rates
may be adjusted upward or downward at this time at a percentage not to exceed the effective
change in the 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 or national index average rate for all items.
If agreement cannot be reached, the contract is terminated at the end of the current contract period.
B. The initial term of this Contract shall be from August 28, 2019 through August 27, 2020. The
subsequent periods covered by the optional, one-year renewals shall be August 28 of the current
year to August 27 of the next year.
4 MATERIALS, WORKMANSHIP, PERMITS, LICENSES, INSPECTIONS
A. With regard to this contract, the City's representative, or his designated representative will
determine acceptability of all work and/or services performed. If the work and/or services are not
acceptable, the Contractor will be called in to review and correct all problem areas without
additional cost to the City. Upon notification by the Facilities Management Department or his
designated representative, the Contractor will affect repairs to deficient work and/or services in
accordance with a schedule jointly agreed upon.
B. The City reserves the right to wake unannounced periodic inspections of the work in progress.
C. Permits, licenses, and taxes shall be the responsibility of the Contractor at no additional cost to the
City. The Contractor shall secure and pay for any and all permits incidental to, requested or
required by any City code or regulation, including Razing Permits.
D. Contractor shall provide a complete, workmanlike, well executed job in accordance with these
specifications and all applicable national and local codes. Any additional code requirements
requested by The City shall be noted within. In cases of conflict between requirements; that
requirement which is in compliance with all applicable codes and which is also, in the opinion of
The City, more advantageous to the City, shall govern.
E. It is conditioned that the Contractor complies in all respects with the terms, conditions, and
obligations of the agreement and his/her obligations thereunder including the specifications. In cases
where delays are clearly not the Contractor's responsibility (such as scheduling inspections and the
like), the Contractor is responsible for notifying the Facilities Management Department for
explanation of procedures.
F. The Contractor must investigate and report on any complaints that might arise in connection with
the use of his/her material and supplies.
G. Written and electronic copies of final documentation is required on all projects.
5 INDEMNITYIWAIVER
Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers,
employees, elected officials, agents, and representatives (herein collectively referred to as
"Indemnitees") fiom and against any and all liability, alleged liability, suits, action, legal
proceedings, claims, or demands incurred as a result of, or in connection with, this Contract or the
work to be performed hereunder, including cost of suit, attorneys' fees, and all other related costs
and expenses of whatever kind or character arising directly or indirectly from any cause
whatsoever in connection with or incidental to this Contract, or the work to be performed
hereunder, including such injury or harm as may be caused in part by any neglect, act, or omission
of the ludemnitees, excepting only such injury or harm as may be caused solely by an act or
omission thereof. Notwithstanding the foregoing, the Contractor specifically agrees to so
indemnify, hold harmless, and defend the Indemnitees from and against any and all such liability,
suits, action, legal proceedings, claims, or demands that may be made or pursued by an employee
of Contractor, or of any subcontractor, or anyone acting on behalf of Contractor in connection with
or incidental to this Contract which are alleged to be attributable to any condition of or upon the
City's property, facilities, materials, or equipment, including where such condition and resulting
injury is caused in part by any negligent act or omission of the Indemnitees, but excepting only
such injury or harm as may be caused solely by an act or omission of the Indemnitees. Contractor
agrees to waive any and all claims and suits covered by this indemnity agreement, and agrees that
any insurance carrier involved shall not be entitled to subrogation tinder any circumstance against
the Indemnitees.
6 SCOPE OF WORK
A. Demolition services is identified as the demolition and removal of derelict property such as
dwellings, apartment buildings, commercial buildings, garages, outbuildings, fences, sheds,
roadways, curb and gutters, sidewalks, landscaping and brush, benches, walls, miscellaneous
structures, and general trash and debris. Demolition services also requires the abandonment of public
and private utilities such as water, sewer, electric, utility poles, transformers, cabinets, and pedestals,
and fuel tanks and lures.
B. The work to be done under this contract includes, but is not limited to; the providing of all labor,
materials, supervision, mobilization, equipment, fuel, equipment maintenance and repairs, services,
incidentals, and related items necessary to complete the work in accordance with this specification
and scope of work.
7 INVOICES
Daily work tickets, detailing the quantity of work performed under the payment tout of measure,
must accompany all invoices. For dumping charges, the Contractor must include copies of the
landfill scale tickets, both light and heavy. Invoices must be legibly prepared showing the full
description of all work performed and the unit price for each payment unit of measure.
Authorization to pay invoices will be given by the Facilities Management Department, or his
authorized representative, prior to payment of invoices. The City may withhold, or on account of
subsequently discovered evidence, nullify the whole or a part of any payment to such extent as
may be necessary to protect the City from loss on account of:
Defective work not remedied.
II Claims filed or reasonable evidence indicating probable filing of claims, by parties
other than the Contractor.
III Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
IV A reasonable doubt that the Contract can be completed for the balance then unpaid.
V Damage to another Contractor.
VI Failure of the Contractor to submit data required within the time limits stated in the
Contract Documents. When the above grounds are removed, payment shall be
made for amounts withheld because of them.
8 CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve
the Contractor of responsibility for faulty materials and workmanship. Unless otherwise specified,
he/she shall remedy any defects and pay for any damage to other work resulting therefrom, which
shall appear within the guarantee period. The City shall give notice to observed defects with
reasonable promptness.
9 ESTIMATE OF WORK AND NOTICE TO PROCEED
A. Contractor shall complete a project cost form for each project (Exhibit "A"), for approval by the
City.
B. The City shall complete a notification to proceed letter. Contractor shall sign an acknowledgement
copy and return to the City prior to commencing any work_
10 LOCATION OF WORK AND EXISTING CONDITIONS
The work sites are located at various City locations within the boundaries of the City.
11 WORK HOURS, DELIVERY OF EQUIPMENT AND MATERIALS, PROPERTY PROTECTION
A. It shall be the Contractors' responsibility to see that all equipment, tools, and materials are
delivered within or adjacent to the area of work as specified by the City.
B. All work shall be performed between the hours of 7:00 A.M_ - 5:00 P.M., Monday through
Friday. Weekends and the following 10 holidays designated by the City are excluded:
New Year's Day Memorial Day - Friday after Thanksgiving
January 1 Last Monday in May (Fourth Friday in
November)
Martin Luther King Day
Third Monday in January
Good Friday -
Friday before Easter
Independence Day -
July 4
Labor Day -
First Monday of
September
Thanksgiving Day -
Fourth Thursday in
November
Christmas Eve
December 24
Christmas Day -
December 25
C. The work described in this specification shall be done with the least inconvenience to the City
Government. Vehicle must have egress capabilities at all times. The amotunt of time that nor al
operations are interrupted must be kept to an absolute minimum and shall be coordinated with the
user agency.
D. The Contractor is responsible to protect all existing and newly installed work, materials,
equipment, improvements, utilities, structures, and vegetation at all times during the course of this
contract. Any property or incidentals damage during the course of this contract shall be repaired or
replaced to the satisfaction of the City or its designated representative, and the user agency.
12 CHANGES TO THE CONTRACT
The Contractor will notify the City or its designated representative immediately by telephone of
any unexpected emergency, substuface or latent physical condition found, along with the
recommendations for dealing with the matter. Any changes found necessary by the City or the
Contractor not covered under the original scope of work, specification or drawing(s) shall be
jointly agreed upon by the Contractor and the City. Any additional cost on the project must be
submitted in writing by the Contractor and an amendment to the purchase order will be issued by
the Purchasing Agent covering the change(s) before the work can proceed. The City assumes no
responsibility for oral instructions or suggestions.
13 DEMOLITION AND DEBRIS REMOVAL
The Contractor shall be responsible to remove all their debris from the site and clean effected work
areas. The Contractor shall keep the premises free of debris and unusable materials resulting from
their work and as work progresses; or upon request by a City representative, shall remove such
debris and materials from City property. The Contractor shall leave all affected areas as they were
prior to beginning work.
14 UTILITIES
The City shall make available all required utilities to the Contractor for work under this contract.
This however does not include those utilities to be installed by the Contractor as a part of the scope
of work or specification. Accidental interruption (s) caused by the Contractor and repair thereto,
shall be at the Contractor's expense. Planned interruptions under this contract shall be coordinated
with the City, or its authorized representative, for approval prior to use on any job under this
contract.
15 POTENTIALLY HAZARDOUS MATERIALS
If the work to be performed under this contract requires the use of any product which contains any
ingredient that could be hazardous or injurious to a person's health, a Material Safety Data Sheet
(MSDS) must be submitted with their bid at the time of the bid opening. The extent of use of the
hazardous material may be a factor in the award of the contract.
16 MATERIALS AND INSTALLATION
A. It shall be the sole responsibility of the Contractor performing services for this contract to
safeguard their own materials, tools, and equipment. The City shall not assume any responsibility
for vandalism and/or theft of materials, tools, and/or equipment.
B. All work shall be done in a safe manner and comply with all governing regulations concerning
safety. This shall include, but not be limited to OSHA, etc. Adequate barricades shall be erected
and maintained all around areas where equipment and materials are stored and used. All work
being performed for and/or on City property shall filly conform to all local, state, and Federal
safety regulations. The Contractor is solely responsible for contacting utilities to identify all
underground utilities, electrical power and communications (phone and data) lines and cables, and
water and sewer lines. If the Contractor wishes to have temporary toilet facilities on site they shall
comply with all City and State Health Department requirements. All toilet facilities shall be
chemical holding tank type.
C. The Contractor shall obtain the permission of the City representative regarding any needed storage
of materials and equipment. Such storage shall be done in such a manner as not to interfere with
the building schedule. Contractor shall be held responsible for any and all accidents caused by
negligence from this source. The City institution does not accept responsibility for losses of
material or equipment regardless of approval to store in any of the City's facilities or grounds.
D. The City, or its authorized representative shall contact the Contractor when there are derelict
building(s) and/or structure(s) to be razed. The Contractor has twenty-four (24) hours to report to
the work site. The Contractor shall review the job with the Owner's Representative, or his
authorized representative, and prepare a written estimate based on the items of work. This estimate
shall be submitted to the City within seventy-two (72) hours.
E. The Contractor shall have seven (7) calendar days to apply for all permits associated with the job
after issuance of the contract release order for that job. The Contractor shall mobilize on the job
site within ten (10) calendar days after issuance of the Razing Permit and begin work.
F. The Contractor cannot sub -contract all or any portion of the work assigned under this agreement.
All work must be performed by the Contractor's razing and earth moving work forces.
G. For these services, sub -contracting is allowed and the Contractor must bind the sub -contractors by
the same terms, conditions, responsibilities, and obligations assumed by said Contractor to the
City.
H. If the Contractor foresees that he/she is going to exceed the original estimate, he/she must notify
the Facilities Management Department, or its authorized representative, for approval in order to
proceed on the additional work. The City shall not pay for additional work if the Contractor
performs the work without the City's approval.
17 TEMPORARY SUSPENSION OF WORK.
During the progress of any work, the Contractor may suspend work via written penrussion of the
Facilities Management Department, or his designated representative, wholly or in part, for such
period or periods as deemed necessary, due to unsuitable weather, or such other conditions as are
considered unfavorable for the suitable prosecution of the work. If it should become necessary to
stop work for an urdefmite period, the Contractor shall store all materials in such manner that they
will not obstruct or impeded the public unnecessarily, nor become damaged in any way, and they
shall take every precaution to prevent damage or deterioration of the work performed. When
conditions warrant resumption of work on the project, the Contractor shall notify the Facilities
Management Department, or its designated representative, twenty-four (24) hours in advance and
shall proceed with the work only when and if authority is granted by the Facilities Management
Department, or his designated representative. Any work performed without approval by the
Facilities Management Department, or his designated representative, will be at the Contractor's
risk, and he shall be held liable for removal of any such work.
18 DEMOLITION
A. Completely dismantle and demolish all of the structure and improvements located on said parcels
not within the public right of way.
B. All utilities, including sanitary sewer outlets, shall be capped after the structure has been removed.
C. A. It shall be the responsibility of the Contractor to verify or to determine the location of all
underground nd utilities and structures in the immediate vicinity of his operations which are to remain
and to exercise all due precautions to prevent damage to them. Should any damage to utilities or
structures occur as a result of the Contractor's operations, the Contractor shall, at his own expense,
restore condition which existed before damage occurred.
D. All foundation slabs, parking lots and sidewalks shall be removed.
E. Septic tanks, storm cellars, etc. shall be filled with authorized fill material and need not be
removed.
F. Contractor shall utilize wet demolition techniques during all demolition work at the site. Contractor
shall ensure that no visible emissions (visible dust) are created during the project. All debris loads
leaving the premises shall be covered with a tarpaulin or sprayed with water to minimized dust loss
during transportation.
G. Before starting demolition, the owner, agent or contractor must assure all utilities are
disconnected.
H. Improvements shall not be moved to or reassembled in any other or new location unless approved
by the Building Official.
19 REMOVAL
A. Removal of all material, debris, other improvements (i.e. fences, etc.) from said parcel or parcels
and any structure thereon so that the property will be cleared of all such improvements.
B. Underground fuel tanks shall be removed from site; excavation shall be filled with authorized fill
material of adequately compacted earth.
20 DISPOSAL
The disposal facility shall be an Environmental Protection Agency approved treatment and storage
or disposal facility. The Contractor must supply to the City a Certificate of Disposal and
Destruction and a copy of the completed manifest (signed off by all handlers of the waste) for each
shipment of hazardous waste generated under this contract. No invoices shall be paid by City
until both documents have been provided by the Contractor to the City's Representative. or his
authorized representative.
21 TIMEFRAME FOR EACH PROJECT
The Contractor shall demolish and remove all material from said parcel within the timeframe
agreed upon with the City's representative after written receipt of notification to proceed with
work.
22 AUTHORIZED FILL MATERIAL
A. Shall be free of all organic materials, including wood, upholstery or bedding materials, cloth,
paper, trash etc.
B. Concrete, stone or brick masonry assemblies, etc. are permitted in fill if this material and other
nibble are covered with earth, permitting a use of more of a raked -clean condition (Suggest two (2)
feet topsoil).
23 HAZARDOUS WASTE ABATEMENT AND DISPOSAL REGULATIONS
As new and revised regulations are published by governmental authorities, they become a part of
this specification at the time of their effective date. All hazardous materials abatement packaging,
transport, and disposal must be performed in strict compliance with all applicable local, state, and
federal regulations, latest edition. The Contractor must maintain all licenses and certifications, in
accordance with these regulations, which must be current for the entire term of this agreement.
24 FINISHED SITE
A. The ground shall be left in a clean (raked) condition and without any debris, trash etc.; and suitable
for maintenance such as mowing by others.
B. The site shall be graded to provide adequate drainage; ponding of water will not be permitted.
25 ADDITIONAL REQUIREMENTS
A. Contractor MUST schedule a meeting with the Facilities management Department at the jobsite 24
hours prior to agreeing upon a timeframe for completion with the City.
B. 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, but not limited to the City of Lubbock
Wage Detenminations listed herein.
Notice: The City reserves the right to remove any fixtures or personal property from the premises
prior to demolition of the structure. Award of a contract for demolition does not automatically entitle
an owner, agent, or contractor to possession of property which is present in the structure at the time
the contract is awarded.
26 EVALUATION CRITERIA
The following criteria will be used to evaluate and rank submittals:
Tab A) 50 Points Qualifications/Experience
The following information shall be provided to allow the City to detemuine whether the
proponent is qualified to perform the work specified.
a. Provide a complete list of demolition within the past five years involving your
firm. Include the names of the participants as well as a contact person and his/her
phone number.
b. Identify any projects in which the respondent's contract was tenni.nated for any
reason;
c. Identify any claims or lawsuits that have been brought against your organization as
a result of any services provided within the last 5 years;
d. Provide an organization chart indicating the key personnel who will provide
services resulting from this RFP. All employees of the Contractor shall have
knowledge and experience including all applicable current licenses, certifications,
and permits necessary to perform assigned duties under the contract.
e. Provide a list of equipment available for this sei vice. Contractor shall own or have
access to all equipment and instrumentation required for work performed under the
contract, and that equipment and instrumentation shall be available for the duration
of the contract.
f. Provide information regarding firm's safety record, and describe the specific safety
measures/plan to be used in this project to protect personnel, public, stnictuures, and
infrastructure
Tab B) 20 Points — References
a. Please include in this section the names of five (5) organizations that have utilized
your services. Include the size and contract value of each project. Please include
the name, address, telephone number and contact person of the five organizations
listed above. (Do not use the City of Lubbock as a reference.)
Tab C) 30 Points - Cost
a. Respondents will submit the Proposal Price Sheet.
27 PROPOSAL FORMAT
a) Proposals should provide a straightforward, concise description of the Offeror's capabilities to
satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content,
and conveyance of the information requested by the City.
b) The proposal should be bound in a single volume where practical. All documentation submitted
with the proposal should be bound in that single volume.
c) If the proposal includes any continent over and above the specific information requested in the
RFP, it is to be included as a separate appendix to the proposal.
d) The proposal must be organized into the following response item sections and submitted in an
indexed binder.
i) 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.
ii) 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.
iii) 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 un (i.e.
design, bid, construction), and the estimated completion date.
iv) A brochure of past work, with emphasis on comparable projects.
v) List of principal(s) of the Proposer and amount of time that principal(s) will be involved in
the project.
vi) 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.
vii) 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 resuunes of those persons who will be involved in the
project.
viii) 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, but not limited
to the City of Lubbock Wage Determinations.
ix) Describe the Offeror's methodology for handling errors and omissions.
x) 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.
xi) Any material which the proponent wishes to subuut and which is not specifically requested
in the above categories.
xii) 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.
(xiii) List your equipment available for this project.
(xiv) Provide resumes of key personnel who will be assigned to the contract, including
photocopies of all licenses and/or certifications.
(xv) Provide contact person who will be directly responsible for this contract and direct
telephone number.
(xvi) Have you ever failed to complete a project and/or defaulted on a contract? If so, specify
when, where and with whom.
EXHIBIT "A"
DEMOLITION PROJECT COST FORM
PROJECT:
BUILDING:
Main floor sq. ft. @ $_
Upper floor sq. $. @ $_
Floor sq. ft. a. $
Basement sq. ft. $
CONCRETE SLAB:
OTHER (SPECIFY SERVICE):
@ $—
CONTRACTOR
TrrLE
DATE
sq.
TOTAL FIRM LUMP SUM FEE $
City of Lubbock, Tx EXHIBIT B
RFP 19-14612-TF
Demolition of Various City of Lubbock Owned Facilities
Best and Final Offer
ITEM
QTY
(1/-)
UNIT OF
MEASURE
DESCRIPTION
* U�1tT Pi2tCL
EXTENDED
COST
1
1,500
SF
Removal and Disposal of Misc.
$
Buildings/Structures.��'
Unit quotation includes the removal and
disposal of misc. Buildings (wood, masonry
or metal) such as but not limited to
agricultural/animal barns, outhouses, sheds,
garages, concrete frame and wood siding,
composition siding, stucco siding, brick
siding, stone siding, concrete block, plants,
shrubs, trees less than 15 feet in height,
fences, walls, foundations, footings, steps,
slab floors, curbing, 17atwork, decks, sheds,
spas (not associated with pool), covered and
uncovered patios, removal of all debris and
septic tanks and cesspools, capping of sewer
lines. Backfilling and grading as specified
herein.
2
25,000
SF
Removal of Foundations, Footings, Steps,
�'�
Curbing, Portland Cement Concrete or
Asphaltic Concrete Fiatwork, including, but
Not Limited to, Driveways and Walkways.
The unit quotation is based on the square
footage of the foundations, footings, steps,
and flat work that are not being removed
under the specification. The unit quotation
includes removal and disposal of all of the
following, at the discretion of, and as
designated by City's Representative, from the
lot/site: Plants, shrubs, trees less than 15 feet
in height, fences, walls, and removal of all
debris. Unit quotation also includes back
filling and grading required as a result of any
excavation and asspecified herein.
3
15,000
TON
Removal, Backfi ll and Grading of Basements.
1 151 CO_
The unit quotation includes compensation for
backtill material as specified in this contract,
and removal and disposal of all of the
following, at the discretion of, and as
designated by City's Representative:
basement walls, floors and footings, as
ecified herein.
City of Lubbock, TX
RFP 19-14612-TF
Demolition of Various City of Lubbock Owned Facilities
Best and Final Offer
ITEM
QTY
0/.)
UNIT OF
MEASURE
DESCRIPTION
"UNIT PRICE
EXTENDED
COST
4
75,000
SF
Removal of Non -Residential Buildings and/or
Covered Areas, including Attached and
Detached Garages and Carports.
The unit quotation is based on the square
footage of the non-residential building and
covered areas, including attached and
detached garages and carports. The unit
quotation includes removal and disposal of
all of the following, at the discretion of, and
as designated by the City's Representative,
from the non-residential lot/site: Plants,
shrubs, trees less than 15 feet in height,
fences, walls, foundations, footings, steps,
slab floors, curbing, retaining walls, concrete
flat work, decks, sheds septic tanks and
cesspools, capping of sewer lines, and
removal of all debris. Unit quotation also
includes back filling and grading required as a
result of any excavation and as specified
herein.
5
300
CY
National Emission Standards for Hazardous
Air Pollutants (NESHAP) demolition and
_
��•
q 3,500 CC
waste hauling.
6
2,500
SF
Interior demolition only of facilities
Total Cost (Items 1-6)
$ L4J5, 75.cc-)
Name of Colnm/nv: c&r1V_i rb c_ K a ►1Y1
Prepared By:
Title:
Date: 5A V�s 1 t9
EXHIBIT C
City of Lubbock, TX
RFP 19-14612-TF
Demolition of Various City of Lubbock Owned Facilities
INSURANCE COVERAGE REQUIRED
SECTION A. Prior to the approval of this contract by the City, the Contractor shall fiuvish 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.
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the
contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension
hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to
the City. in the following type(s) and amount(s):
OFINSURANCE
3ERAL LIABILITY
Commercial General Liability
Claims Made ❑ Occurrence
W/Heavy Equipment
To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate 1,000,000
Products-Comp.'Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
POLLUTION LIABILITY General Aggregate 1.000.000
WOTIVE LLABILITY
Any Auto
Scheduled Autos
Non-Onned Autos
CESS LIABILITY
Umbrella Form
LAGE LIABILITY
Any Auto
❑ All Owned Autos
❑ Hired Autos
❑ BUILDER'S RISK
❑ INSTALLATION FLOATER
❑ CARGO
19 WORKERS COMPENSATION STATUTORY AMOUNTS
ATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY
Aggregate I.000.000
Each Occurrence
Aggregate
Auto Only - Each Accident
Other than Auto Only:
Each Accident
Aggregate
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
$1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional ensured on Auto/General Liability on a pnmm y and non -cons ibutoyy bases.
® To includeproducts ofcompleted operations endorsement.
® Waiver of subrogation in favour of the Gary of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers
of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurauce and all applicable endorsements are
required.
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 writin& 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 thirty (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 pro,.ision, shall be underwritten by contractual liability coverage sufficient to include such obligations
within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior
the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13's Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval. or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of hill 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_
CERTIFICATE OF INTERESTED PARTIES FORM 3295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested partles. OFFICE USE ONLY
Complete Nos.1. 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2019-474694
Matthews Backhoe, Inc.
Lubbock, TX United States Date piled:
2 Name of goirernmentW entity or state agency that Is a party to the contract for which the form Is 04/10/2019
being filed.
City of Lubbock Date Acknowledged:
3 Provide the identification number used by the govemmental entity or state agency to track or idenft the contrail, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 19-14612-TF
Demolition of Various City of Lubbock Owned Facilities
Nature of Interest
4 Name of Interested Party City, State, Country (place of business) (check applicable)
5 Check only It there is NO interested Party.
6 UNSWORN DECLARATION
My name is
0
and my date of birth is .
My address is O • *6d ^ -3 - -- - L i CLI JCk , -10M
(8ftet) (City) (Swe) (Zip Code) (ountrll)
I declare under penalty of perjury that the foregoing is true and correct.
-UXExecuted in LV )bo C V County, State of on the A day of d, 20—A.
(month) (year)
authorized agent of contracting business entity
(Dedamnt)
Forms vrovided by Texas r5thics Commission wwmethics.state.tx.us Version V1.
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.
2019-474694
Matthews Backhoe, Inc.
Lubbock, TX United States
Date Filed:
04/10/2019
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
06/03/2019
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 19-14612-TF
Demolition of Various City of Lubbock Owned Facilities
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provtdett oy Texas Ethics commission www.ethics.state.tx,us Version V1.1.39=39c