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HomeMy WebLinkAboutResolution - 2019-R0244 - King Consultants - 07/09/2019Resolution No. 2019-RO244 Item No. 6.13 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, Service Contract No. 14769 for Asbestos Consulting Services as per RFP 19-14610-SG, by and between the City of Lubbock and King Consultants, 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 July 9, 2019 JEFr R1F rH, MAYOR PRO TEM ATTEST: Reb cca Garza, City Secret16 APPROVED AS TO CONTENT: Mark rwoo , Assistant City Manager APPROVED AS TO FORM: li Leisure, Assistant City Attorney ccdocslRES.Contract 14769 Asbestos Consulting Services May 28, 2019 Resolution No. 2019-R0244 Contract 14769 City of Lubbock, TX Asbestos Consulting Services Agreement This Service Agreement (this "Agreement") is entered into as of thetday of .2019 ("("Effective Date") by and between King Consultants, Inc., (the Contracto?hand the Cit ubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals RFP 19-14610-SG, Asbestos Consulting 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 Asbestos Consulting Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Best and Final Offer 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 B, and C attached hereto. Article 1 1.1 The contract shall be for a term of one year, with the option of four, one-year extensions, said date of term beginning upon formal approval. 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. 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 proposal 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. 1.2 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. 1.3 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. 1.4 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 proposal as it deems to be in the best interest of the city. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this do. 2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.13 Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 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. -----INTENTIONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. lei IWKS]M1Lei 3:TiI" k _-- BY: JEFF a t, 1, MAYO VROfEM ATTEST: Rebe ca Garza, City SecrCr APPROVED AS TO CONTENT: (L t (olf-vir Wesley Everett, Director of Facilities Management AP VED X;Z- Kelli APM Leisure, Assistant City Attorney Representative 14tee. fflk Print Name y 4E g6A Sr - Address City, State, Zip Code Exhibit A City of Lubbock, TX RFP 19-14610-SG Asbestos Consultant Services II. 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 Asbestos Consultant Services. Asbestos consulting services shall be provided on an "as needed" basis without a minimum quality of work specified. The work shall include the provision of "turn -key" asbestos consulting services for the City. The City is interested in securing the most qualified firm/personnel to perform the required services. 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. d) The City of Lubbock is seeking a contract for asbestos consulting 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 A. Testing a) The inspection of the properties for asbestos -contain materials. b) All work shall be performed in strict accordance with Texas Department of State Health Services (TDSHS) rules and requirements for asbestos related consulting service by personnel approximately licensed by TDSHS . c) Services related to National Emission Standards for Hazardous Air Pollutants (NESHAP) compliance should be considered priority issues. d) The evaluation and selection of appropriate asbestos abatement methods and project layout; e) The review of environmental controls, abatement procedures for personal protection employed during the project; f) Consultation regarding compliance with various regulations and standards; g) The evaluation and selection of appropriate asbestos abatement methods and project layout. h) Within thirty (30) days following completion of field activities, provide a final report (one original and one copy) which includes the purpose(s), summary of results, conclusion, recommendations, summary of dates in table form, field notes, methodologies, sample data sheets, laboratory reports and/or other appropriate data. B. Project Process a) The designing of asbestos abatement projects which is the creating and writing of specifications and development of drawing for the abatement of asbestos for the demolition projects. The City may require the Consultant to prepare the entire proposal package which includes the plans, specifications, and contract documents or quotes. Make revisions at the City's request. b) The Consultant will be required to attend all Pre -Proposal Conferences to explain the specifications and answer questions. Consultant will be required to bring all the proposals to each location to show contractors what is required. C. Construction a) The Consultant will be responsible to meet with the contractor and have a pre - construction meeting. b) During the project the Consultant will be responsible for monitoring the contractor while work is being done. Must make sure the area is secure and take air samples. c) Consultation regarding compliance with various regulations and standards. d) Recommendations for abatement options. e) Any inspection, management planning, air monitoring, or project management. f) Project site investigation. D. Records a) Records shall be kept in the office of the Consultant for a period of not less than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request. b) Written and electronic copies of final documentation is required on all projects. E. Ownership of Documents a) All documents, including original drawings, estimates, specifications, field notes and data are property of OWNER. CONSULTANT may retain reproducible copies of drawings and other documents. F. Contract a) This is a one year contract with the option to renew for four additional one year periods. 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. 3 PROJECT PRICE A. Small Projects a) Small Projects with a combined amount of asbestos containing materials equal to or less than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material. Subject materials shall be isolated to one specific work area. B. Large Projects b) Large Project with a combined amount of asbestos containing materials equal to or greater than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material. C. Analytical Related Fees/Charges a) ASBESTOS AIR SAMPLES — Phase Contract Microscopy (PCM) i. 3-day, in -lab ii. 24-hour, in -lab iii. 2- hour, in -lab b) ASBESTOS AIR SAMPLES —Transmission Electron Microscopy (TEM) i. 24-hour, in -lab c) ASBESTOS BULK MATERIALS SAMPLES — Polarized Light Microscopy (PLM) i. 3-day, in -lab ii. 24-hour, in -lab 4 LABOR RATES Labor rates shall represent complete hourly labor rate including taxes, benefits, overhead, profit, etc. Labor rates shall represent standard rates, NOT overtime (premium) rates. Rate provided shall be applicable to hourly rate regardless of minimum charge. a) State the standard hourly rate and overtime hourly rate for the following: 1) Individual Consultant 2) Inspector 3) Inspector Assistant 4) Air Monitoring Technician (include five (5) 24-hour, in -lab PCM samples per work shift b) State the minimum number of hours and minimum hourly charge per call-out/site visit for the following: 1) Asbestos Consultant 2) Inspector 3) Project Manager 4) Air Monitoring Technician (include five (5) 24-hour, in -lab PCM samples per work shift c) State the hourly rate for Report Development/Preparation as required. 5 EXPERIENCE A. The offeror shall provide the following information. a) Experience evaluating and designing asbestos abatement projects. b) The number of years in business. c) Professional affiliations. d) Recent examples of abatement projects. B. Consultant(s) assigned by the offeror shall specialize in Asbestos Consulting. This experience shall be documented in a resume for each staff member of the organization that will The offeror shall briefly describe the finri's experience and qualifications to deliver the requested services. The offerors' description shall also describe the proposed staffing level required to perform the services and a list of all key members of the offeror's team (except administrative support staff) and any consultant who will be committed to the project. Indicate the level of effort and function of each member of the project, and the length of each staff member's direct experiences. Prepare organization structure to show how the key members will be involved. C. Include resumes of these individuals. The resumes should include the following minimum information: a) Name b) An explanation of the function they will perform and their title by classification. c) Their relevant educational background. d) Their relevant work experience. e) Their work experience with local, state and federal government clients. f) Any specialized skills, training, and/or credentials that is relevant to the required services; (e.g., degrees, certificates, etc). 6 REFERENCES A. Include five (5) business references for which similar services have been provided. Include the following: a) The term (beginning and ending dates) of your contract agreement(s); b) A brief description of the scope of work; and c) Contact name, title, address, and telephone number. The offeror(s) hereby authorize(s) and request(s) any person, firm, corporation and/or government entity to furnish any information requested by the City in verification of the references provided and for determining the quality and timeliness of providing the services. 7 EVALUATION CRITERIA The following criteria will be used to evaluate and rank submittals: Tab A) 54 Points — Qualifications/Experience The following information shall be provided to allow the City to determine whether the proponent is qualified to perform the work specified. a. Provide a complete list of asbestos consulting services 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 terminated 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 service. 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, structures, 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. 8 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 comment 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 in (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 resumes 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 submit 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. Cite of Lubbock, TX Exhibit B RFP 19-14610-SG Asbestos Consulting Services Best and Final Offer PROJECT PRICE A. Small Projects $(fl-50.t`D'dc�� a) Small Projects with a combined amount of asbestos containing materials equal to or less than one hundred sixty (l 60) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material. Subject materials shall be isolated to one specific work area. B. Large Projects b) Large Project with a combined amount of asbestos , $ containing materials equal to or greater than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material. C. Analytical Related Fees/Charges a) ASBESTOS AIR SAMPLES — Phasc a) $` (1 C, Contract Microscopy (PCM) iv. 3-day, -in-lab V. 24-hour, in -lab vi. 2- hour, in -lab b) ASBESTOS AIR SAMPLES — 1 b) $ —15, DD Transmission Electron Microscopy (TEM) ii. 24-hour, in -lab i c) ASBESTOS BULK MATERIALS c) $ SAMPLES — Polarized Light Microscopy (PLM) iii. 3-day, in -lab I -6 t 5 ao iv. 24-hour, in -lab Z2 S i I City of Lubbock, TX RFP 19-14610-SG Asbestos Consulting Services Best and Final Offer D. Labor Rates Labor rates shall represent compicte hourly labor rate including taxes, benefits, overhead, profit, etc. Labor rates shall represent standard rates, NOT overtime (premium) rates. Rate provided shall be applicable to hourly rate regardless of minimum charge. a) State the standard hourly rate and overtime hourly rate for the following: a) Standard / Overtime Hourly Rates: 1) Individual Consultant 1) $ 1 Z - op / 12 5 pp 2) Inspector 3) Inspector Assistant 2) $ `T 5 .oc, 4) Air Monitoring Technician (include five (5) 3) $ I 4) $ ��'� L.M 24-hour, in -lab PCM samples per work shift / la 5•or b) State the minimum number of hours and b) Minimum Hours/Hourly minimum hourly charge per call-out/site visit for the following: I Chargc 1) Asbestos Consultant 1) $ Z NR5 / •1125-oo 2) Inspector 2) $ Z H?5 / '7 . a v 3) Project Manager 3) $ Z H QS 4) Air Monitoring Technician (include five (5) 4 $ , 24-hour, in -lab PCM samples per work shift ) �y�V c) State the hourly rate for Report c) Hourly Rate Report Development/Preparation as required. E. Written Specifications $-T 0 DO F. Phase 1 Site Assessment $ 3 Z 50.00 Name of Company: Prepared By: -Ja(e �QSSt7i[�+ Title: (/Wi)e r Date: 1 1 I i(d.. c nsu 14 (1n f Exhibit C REVISED City of Lubbock, TX RFP 19-14610-SG Asbestos Consultant Services INSURANCE COVERAGE REQUIRED 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. 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): ITYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability General Aggregate 1,000,000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X ❑ W.'Heavy Equipment Personal & Adv. Injury X ® To Include Products of Complete Operation Endorsements Contractual Liability X Premises Operations X. Independent .Contractors X I® PROFESSIONAL LIABILITY General Aggregate 1,000,000 AUTOMOTIVE LIABILITY ® Any Auto ® Owned.:Leased Autos Combined Single Limit ❑ Scheduled Autos ® Hired Autos Each Occurrence 1,000,000 ® Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ® POLLUTION ❑ CARGO Each Occurrence Aggregate Auto Only - Each Accident Each Accident Aggreate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs 1,000,000 ® WORKERS COMPENSATION STATUTORY AMOUNTS OR OCCUPATIONAL, MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $500,000 OTHER: COPIES OF ENDOSEMENTS ARE REOUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases ® To include products of conpleted operations endorse►neut ® Waiver of subrogation in favor of the City 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 Insurance 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 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 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 provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 131 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 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l 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: 12019-500704 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. King Consultants, Inc. Lubbock, TX United States Date Filed: 06/05/2019 2 Name of governmental entity or state agency t at is a party tot the contract for which the form is being filed. City of Lubbock Texas Date Acknowledged: 06/05/2019 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. 14769 Asbestos Consulting Services 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only it there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (stale) (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) rurrns pruvioeu oy i exas t nics Commission www.einics.state.tx.us Version V1.1.391`8039c CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft 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 FLING Certificate Number: 2019-500704 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. King Consultants, Inc. Lubbock, TX United states Date Filed: 06/05/2019 2 Name of governmental entity or state agency that is a party tot the contract for which the form is being filed. City of Lubbock Texas Date Acknowledged: 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. 14769 Asbestos Consulting Services 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 address is —2 iv a li 1f� �E t /tic'? bu ck (street) (city) (state) (zip cone) (country) I declare under penalty of perjury that the foregoing is true and correct. fJ r Executed in Gt,t{ �j u IL County, State of i G X 1� 5 on the A — day of J[:VX9L— 20 19 l (month) (year) Signature of authorized agent of contracting business entity (Dedaranr) rurtub pruviaeu 4y i exas tinres Lommission www.etrncs.state.tx.us Version V1.1.3 M039c