HomeMy WebLinkAboutResolution - 2023-R0262 - Contract 17079 with Hart Moving & Storage, Inc. 5.23.23Resolution No. 2023-RO262
Item No. 5.24
May 23, 2023
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. 17079 for moving and
relocation services, by and between the City of Lubbock and Hart Moving & Storage, 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
Courtney Paz, City
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED
May 23, 2023
,`First Assistant City Attorney
ccdocs/RES.Contract-Hart Moving & Storage
May 16, 2023
Resolution No. 2023-R0263
City of Lubbock
Moving and Relocation Services
Agreement
Contract 17079
This Service Agreement (this "Agreement") is entered into as of the 23 day of May 2023
("Effective Date") by and between Hart Moving & Storage (the Contractor), and the City of Lubbock (the
"City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-17079-DH Moving and Relocation
Services and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Moving and
Relocation 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 — Price Proposal Sheet
4. Exhibit B — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B and Exhibit C attached hereto.
Article 1
1.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions,
said date of term beginning upon formal approval. The contract may be renewed for up to four (4)
additional one (1) year terms under the same term and conditions upon written agreement from both
parties.
1.2 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.
1.3 The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is
on file with the Purchasing and Contract Management Department as required by contract or contract
may be terminated for non-compliance.
1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice.
The City of Lubbock reserves the right to award the canceled contract to the next lowest and best
bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this document, this
provision shall control.
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 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.14 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2.15 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be
paid wholly or partly from public funds of the governmental entity. (b) A governmental entity
may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association or (2)
the verification required by Section 2274.002 of the Texas Government Code does not apply
to the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verification is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.18 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its
elected officials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
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
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BY:
Tray Payne, Ma or /
ATTEST: <
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
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City, State, Zip Code
Exhibit A
City of Lubbock, TX
RFP 23-17079-DH
Moving and Relocation Services
General Requirements
1 INTENT
The City of Lubbock, Texas is seeking proposals from experienced and qualified vendors for Moving
and Relocation Services to accomplish the relocation of several city departments as required.
The City of Lubbock is seeking a contract for moving and relocation 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 SCOPE OF WORK
1. Scope. Moving services for office furniture, fixtures, materials, appliances, supplies and equipment
typically found in city hall departmental settings. Department moves may vary in scope, size and
frequency. All labor, supervision, tools, equipment, transportation, permits, fees, taxes, incidentals
and materials necessary to perform moves are to be included and provided by the contractor.
2. Locations. Moves will occur building -to -building and department -to -department. All such locations
are within the City of Lubbock (Texas).
3. Supervision. The Contractor shall submit an organizational chart showing the structure of the
management team from on -site supervision staff up to the local division manager and/or person
ultimately responsible for the performance of this contract.
The Contractor shall supply competent and thoroughly trained "onsite" supervisor(s) to check,
inspect and maintain records (inventory/manifests) of all work performed. Supervisor(s) shall
possess and demonstrate a thorough knowledge and understanding of the designated work
assignments, the tools and equipment employed in the execution of this contract, and the rules,
regulations and standards of the City. The supervisor(s) shall also possess a superior working
knowledge of conversational English for required communications with the City representative(s).
The onsite supervisor(s) shall be available and accountable during all working hours to oversee
performance of all obligations under this contract.
4. Pre -move Supplies. The Contractor shall provide 1,500 standard 2 CF (1'x2') cardboard boxes,
with sufficient tape to secure those boxes, to the City representative for distribution to Department
Coordinators for City -employee use in pre -packing of equipment and/or pre -identified confidential
resources. The contractor will be responsible for final packing and relocating of "confidential
resources" as described in Item 5 below. The proposal shall also include a "unit price" for a standard
2 CF (1'x2') cardboard box with sufficient tape to secure the box to allow for the City to obtain
additional pre -move boxes if/as required.
5. Furniture, Materials and Equipment, Records
Furniture - includes but is not limited to items identified by Owner:
0 Standalone Office Furniture - Desks, chairs, bookcases, credenzas, filing cabinets, etc.
• Modular Systems Furniture — Office furniture that typically requires assembly of partitions,
desks, overhead bins, file cabinets, map/plan cabinets, shelving/stacked systems, etc.
• Systems Equipment — computers, printers, plotters, scanners (relocate only).
The contractor will be required to disassemble/assemble, takedown/setup furniture/shelving if
needed for relocation. However, the City reserves the right to utilize other contractors to perform
such work when purchasing new furniture, reconfiguring or refurbishing existing. The City may also
use its own employees for work with any COL property.
Materials and Equipment - includes but is not limited to items identified by Owner:
Various materials and equipment throughout its facilities. Items may vary from everyday common
types to those specific to certain industries. Please Note: Confidential resources will require "secure"
handling (i.e. monitored packing & tamper -proof tape), and may include City_provided escort to
ensure confidentiality during the entire relocation rocess see "5.1 Special Equipment" below).
Records — Citizens records may be those stored in designated record keeping facilities, or those
maintained by specific departments. Please Note: Confidential resources will require "secure"
handling (i.e. monitored packing & tamper -proof tape), and may include City -provided escort to
ensure confidentiality during the entire relocation process.
Hazardous Materials - The contractor will not be required to handle, store or transport hazardous
materials. These will be arranged for separately.
5.1 Special Equipment. Equipment that requires special training and experience to connect/
disconnect, move, transport or setup is exempt. The Contractor will, however, provide final
packing, sealing and transport of computers, phones and other office -required electronic
systems, mail -processing equipment, etc. if/as required (also see Section 2, item 5 above for
"secure" handling requirements). Please Note that such special "system" equipment will
be moved separately (in advance of) other items to allow system providers to render
such systems available for use ahead of occupancy as City employees will be expected
to continue operations immediately upon arrival. To preserve operational use, the City
reserves the right to use vendors that specialize in disconnecting/connecting, servicing,
supporting and moving of this type of equipment. Some equipment may require licensing
and/or permitting from appropriate regulatory agencies.
5.2 Warrantied Furniture and Equipment. Some existing furniture may be under warranty
from the supplying vendor and may require disassembly and reassembly by a designated
vendor only. Under these circumstances the City reserves the right to use such vendors to
preserve the terms of the warranty.
5.3 Protection of Property. The contractor will ensure City property is properly prepped and
protected for safe moving. Finishes of furniture, millwork, flooring, walls, doors, ceilings,
stairways and windows must retain their pre -move appearance and function. Proper
equipment and/or vehicles must be utilized for transport. The contractor assumes all
responsibility for damaged or lost property and must resolve any such issues within 30 days
of discovery through repair, replacement or reimbursement. The contractor must work with
designated City representative in doing so.
5.4 Storage. The City maintains some of its own warehousing facilities, however utilization of
contractor storage, including climate -controlled facilities, may be sought should the need
arise. The contractor's facilities will be bonded and insured, and City property must be
inventoried and properly stored. High -value and Confidential items, as determined by the
City, must have additional security measures in place.
Temporary overnight tractor trailer storage may also be utilized if during a move time or
resource constraints do not permit unloading until the next workday. The trailer must be
secured and staged in an area approved by the assigned City representative.
5.5 Safety. The contractor will perform all work in a safe manner, adhering to OSHA and State
DOA guidelines, with proper technique and equipment in order to preserve the safety of all
contractors, visitors and City employees. At no time will the contractor perform any act that
is unsafe.
To ensure safety within and for the community, all Proposers are reminded that the following
rules and considerations will be required when providing moving services for this RFP:
• Pedestrians have the right of way at all times.
• All traffic signs, lights or other indicators are to be obeyed. This is of utmost importance
whenever pedestrians are present.
• Driving on sidewalks, unless otherwise posted, is forbidden. Violators will be ticketed
and chronic violators may be barred from doing business with the City in future. In those
areas where sidewalk driving is permitted and required, drivers must employ adequate
skills so as to avoid disruption of other services and/or crews.
• Drivers are required to shut off engines while loading and unloading.
When determined as necessary, the contractor will temporarily close off areas to pedestrian
traffic to prevent potential injury to bystanders when large or heavy equipment is being
moved or used and provide appropriate safety apparel to their employees when needed. A
City representative will work with the contractor to coordinate City notifications if/when
needed.
Contractor employees will also wear uniforms with their company name while working.
Contractor vehicles must not park in fire lanes, on sidewalks, in landscaped areas or any area
not intended for vehicles.
5.6 Utilization. The service will be utilized by the City on an as -needed basis only. Frequency
of use, size and scope of moves may vary and is not guaranteed. Contractors will not use
another contractor's co -located resources (i.e. dumpsters) without the express written
permission of the providing entity.
5.7 Communication and Authorization. An appointed City representative will be the single
contact point for the contractor, through which requests, direction, coordination and
authorization will be communicated.
6. Industrial Powered Trucks (Forklifts). Most City locations do not have a forklift on site with
qualified operators that will be available to assist the contractor with loading/unloading palletized
items. Regardless, contractor employees are not allowed to operate City -owned forklifts even if
available. The contractor must supply a forklift and a certified operator (per OSHA requirements)
if/when needed.
City of Lubbock Exhibit B
RFP 23-17079-DH
Moving and Relocation Services
Price Proposal Sheet
Hart Moving and Storage Inc
Location
Lubbock, TX
Total
$245,762.05
#
Quantity
Required
Unit
Total
Item Description
(+/-}
UOM
Price
Cost
#1-1
Hourly Rate for 1 Box Truck and 1 Driver/Mover
1000
Hourly
$95.00
_ $95,000.00
# 1-2
Hourly Rate for 1 Mover
1000
Hourly
$47.50
$47,500.00
#1-3
Hourly Rate for 1 Supervisor
1000
Hourly
$55.00
$55,000.00
#14
Hourly Rate for Travel Time Itemized Separately
1000
Hourly
$47.50
$47,500.00
#2-1
Mileage Rate Itemized Separately
I
Miles
$0.00
$0.00
#2-2
Overnight Charges Per Night
1
Nights
$150.00
$150.00
#2-3
Fuel Surcharge
1
Flat Rate
$0.05
$0.05
#24
Fuel Surcharge
1
Per Mile
$0.00
$0.00
#3-1
Moving Box (1.5 Cubic Foot/Taped)
1 EA
$1.50
$1.50
#3-2
Moving Box (2 Cubic Foot/Taped)
1 EA
$2.25
$2.25
#3-3
Moving Box (3 Cubic Foot/Taped)
1 EA
$2.50
$2.50
#3-4
Moving Box (4 Cubic Foot/Taped)
1 EA
$3.00
$3.00
#3-5
2 Wheel Dolly
1 EA
$10.00
$10.00
#3-6
Panel Cart
1 EA
$15.00
$15.00
#3-7
Speed Pack
1 EA
$15.75
$15.75
#3-8
Plastic Stretch Wrap
1 EA
$32.50
$32.50
#3-9
4 G4lieel Dolly
1 EA
$1.25
$1.25
#4-1 Forklift (Daily Rate)
1 Daily
$225.00
$225.00
#4-2 Temporary Storage Fees
1 Square Feet
$3.25
$3.25
#4-3 Temporary Storage Fees
1 Time
$150.00
$150.00
#4-4 Packing Material Delivery Fees
1 EA
$150.00
$150.00
VENDOR ACKNOWLEDGEMENT
In compliance with this procurement, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and being
familiar with the conditions to be met, has reviewed the information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
• Federal and State Regulations
• Master Agreement
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
t rized Signature
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City, State Zip Code
Contact for questions, clarifications, etc.
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Mailing Address:
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City, State, Zip:
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Insurance Requirements Exhibit C
Commercial General Liability Requirements: $1M occurrence / $2M aggregate (can be
combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is
perhaps the most important of all insurance policies in a contractual relationship. It insures the
Contractor has broad liability coverage for contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising
Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one
person).
Automobile Liability Requirements: $1 M/occurrence is needed
Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an
independent contractor with no employees and are exempt from providing Workers'
Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include
a copy of their driver's license.. Employer Liability ($1 M) is required with Workers
Compensation.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded
additional insured status on a primary and non-contributory basis on all liability policies except
professional liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-
payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above