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HomeMy WebLinkAboutResolution - 2019-R0397 - Speedcrete, Inc. - 11/05/2019 Resolution No. 2019-RO397 Item No. 6.7 November 5, 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. 14906 for ADA Ramps in Various Locations as per RFP 19-14906-JM, by and between the City of Lubbock and SpeedCrete 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 November 5- 2019 V DANIEL, M. POPE, MAYOR ATTEST: Reb cea Garza, City Secre ary APPROVED AS TO CONTENT: 1 CJesi c Mc achern, Assistant City Manager APPROVED AS TO FORM: i K lli Leisure, Assistant City Attorney ccdocs/RES.Contract 14906-- ADA Ramps in Various Locations October 8,2019 Resolution No. 2019-RO397 Contract 14906 City of Lubbock,TX ADA Ramps in Various Locations Agreement This Service Agreement(this "Agreement") is entered into as of thej41,,..day of levemb�r 2019 ("Effective Date")by and between SaeedCrete Inc.,(the Contractor),and the City of Lubbock(the"City"). RECITALS WHEREAS., the City has issued a Request for Proposals 19-14906-JM, ADA Ramps in Various Locations. 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 ADA Ramps in Various Locations,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: Ciiy 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—Proposal Price Sheet 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.fonnal 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. The scope of work shall scope of work shall remain the same but may include any additional structures and equipment that may have been added by the City of Lubbock. 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 fiords 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 fiinds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will tenninate the Agreement, without terrnination 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 clays 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 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 perfonnable 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 Section 2270.002, 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. 2.14 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---- Exhibit A City of Lubbock,TX RFP 19-14906-JM ADA Ramps in Various Locations GENERAL REQUIREMENTS 1 INTENT a) The City of Lubbock(hereinafter called "City") is seeking proposals from interested fines and individuals; (hereinafter called "Proposer") to constrict sidewalk and ramps in compliance with the Americans with Disabilities Act (ADA). b) Offerors are invited to submit demonstrated competence and qualifications of their film for providing these services. c) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 BACKGROUND Multiple locations in the city could be improved by the installation of ADA compliant ramps and sidewalk. The goal of this RFP is to increase accessibility and continuity in various locations throughout the City to meet the current ADA transition plan. This service contract identify a contractor that can respond quickly to ADA requests and be well qualified in the placing of ADA compliant ramps. 3 SCOPE OF WORK The Contractor shall have the ability to install specified ADA ramps. The ADA ramps shall be compliant with all ADA regulations and City of Lubbock Engineering Design Standards and Specifications (City Standards). All materials such as concrete, pavers, signs, and any and all tools and labor for proper installation of the ADA ramps shall be provided by the Proposer. Specific direction will be provided by the City Project Engineer as to where the ramps will be installed. An example of the desired ADA ramp improvement can be seen in Exhibit A. Detailed Scope: 1. Provide all labor, materials, tools, supervision and equipment to filly analyze site locations and perform the installation of ADA ramps. 2. The methods of construction shall conforrn to the requirements of all applicable American Society of Testing Materials (ASTM) Standards as well as all the American National Standards Instituite (ANSI) and NSF International Standards. 3. The constructed ADA ramps shall conform to ADA regulations and City Standards. 4. Furnish cleanup and restoration of the site to pre-construction conditions or better. 5. Carry out operations in accordance with local, state, federal and OSHA safety regulations. 4 CONTRACT TERMS AND DURATION The Contract will be in the form of Contract for Installation. Payment for work is as described in the provided bid sheets. Payment will be based on time at the site only; mobilization/demobilization costs are to be included in the proposed rates. The Contract will begin after award of services by the City Council and the initial contract will remain in effect for a period of one (1) years, with the option of four (4), one (1) year extensions. The City has the option to extend the contract three times in one-year increments, for a maximum total contract length of five years. If the CITY opts for an extension, the Contractor's rates, as listed on Schedule Rate, shall be increased or decreased in proportion to the percentage increase or decrease, if any, in the Consumer Price Index (all Urban Consumers) for the 12 month period prior to the beginning of each contract extension. Failure of Contractor to meet any of the contract requirements shall be considered sufficient grounds for immediate cancellation of the contract. The City may cancel by giving written notice to Contractor indicating the effective date of such cancellation. Waiver by the City of any breach of any covenant or agreement contained in said contract on the part of Contractor shall be deemed or held to be a waiver of any breach of any covenant or agreement contained therein. 5 CITY'S RESPONSIBILITIES The City Engineering department will identify, assess, and prioritize specific areas. The City will notify Contractor of locations requiring ADA improvements and a description of work to be performed. 6 CONTRACTOR'S RESPONSIBILITIES Contractor- will be required to perforin installation of the new ADA ramps. Contractor- is responsible for all means and methods used to complete the installation, as directed by the City. Contractor shall be responsible for providing the following at levels adequate to complete installation in a timely manner as outlined below: • Qualified Labor • Tools • Equipment • Transportation • Services (including firel, electricity, water; and communications) • Pen-nits The Contractor shall be responsible for notifying the Engineering department for each of the working days of this contract. The Contractor is responsible for damage resulting from performing construction and clean-up of effected area. As the scope of this-RFP includes repairs or maintenance on "Public rights-of-way", the Contractor shall certify the payment of the "City of Lubbock Wage Determinations" to all employees performing work as part of the contract. The Contractor is responsible for meeting all Contract conditions and City Standards & Details for all work performed. Substandard work, as detennined solely by the City, shall be redone at the expense of the Contractor. 7 SCHEDULING Contractor will make a good faith effort to mobilize within twenty one (21) days of notification or in accordance with a written schedule approved by the City. If work cannot be completed within a timely period,Contractor shall provide written notification to the City detailing reasons for delay and anticipated completion schedule within five(5)days of notification. Normal work hours are anticipated to be Monday through Friday 7:00 am to 5:00 pm. Any work outside of these times needs prior authorization from the City at least 48 hours in advance. 8 PROTECTION OF EXISTING FACILITIES 8.1 GENERAL A. The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to our better than they were prior to such damage or temporary relocation. B.The Contractor shall verify the exact locations and depths of all utilities shown and the Contractor shall make exploratory excavations of all utilities that may interfere with the Work. C. The number of exploratory excavations required shall be that number which is sufficient to determine conflicts with installation of the equipment. 8.2 RIGHTS-OF WAY A. The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone,communication cable,fiber optic transmission line,or electric transmission line; any fence; or any other structure, nor shall the Contractor enter upon the right-of-way involved until notified by the Engineer that the City has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for installation of equipment. When two (2) or more contracts are being executed at one time, on the same or adjacent land in such manner that work on one contract may interfere with that on another,the City shall determine the sequence and order of the Work. When the territory of one contract is the necessary or convenient means of access for the execution of another contract, such privilege of access or any other reasonable privilege may be granted by the City to the Contractor so desiring,to the extent,amount,in the manner, and at the times permitted. 8.3 RESTORATION OF PAVEMENT A. General: All paved areas, including asphalt concrete berms, cut or damaged during construction, shall be replaced with similar materials of equal thickness to match the existing adjacent undisturbed areas. Exceptions would be specific resurfacing requirements of the permit-issuing agency. All temporary and permanent pavement shall conform to the requirements of the City.All pavement,which is subject to partial removal,shall be neatly saw cut in straight lines per City specifications.The Contractor shall be responsible for the repair of all trenches and paved areas that settle or fail within one year of construction. B.Temporary Resurfacing:Wherever required by the public authorities having jurisdiction,the Contractor shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period of time fixed by said authorities before proceeding with the final restoration of improvements. C. Pennanent Resurfacing: In order to adhere to the City of Lubbock Standard Specifications & Details regarding adjacent surfaces, the Contractor shall saw cut back and trim the edge so as to provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged portion of pavement. D. Restoration of Sidewalks or Private Driveways: Wherever sidewalks or private roads have been removed for purposes of constriction, the Contractor shall place suitable temporary sidewalks or roadways promptly after back-filling and shall maintain them in satisfactory condition.for the period of time fixed by the authorities having jurisdiction over the affected portions before proceeding with the final restoration or, if no such period of times is so fixed, the Contractor shall maintain said temporary sidewalks or roadways until the final restoration thereof has been made. 9 EVALUATION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, 10 points for Safety Record Questionnaire. The selection criteria used to evaluate each proposal includes the following: 9.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value=Price Score. 9.2 30 POINTS -CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points=Score)with a maximum of 30 points allowable. Each evaluator assigns points based upon the responses the contractor provides in the"Contractor's Statement of Qualifications" And any past experience with the contractor. The"Contractor's Statement of Qualifications"is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 9.3 10 POINTS -SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points = Score)with a maximum of 10 points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio (EMR). Contractors with an EMR greater than 1.0, as well as those Contractors not submitting SMRs, will receive zero points for this portion of the selection criteria. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the 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 CONTRACTOR TEL BY: C - _ Daniel M. Pope, Mayor Authorized Representative ATTEST; Print Name Reb cca Garza, City Secret y -f- d V:�K) k 72 2- Address APPROVED AS TO CONTENT: {{ tj City, State, Zip Code John Turpin, P.E.. Assist t�C' Engineer/ Capital"Projects and D , Engineering / n / Mike Keenum, P.E.Diviision Director of Engineering/City Engineer PPROVED TO FORM �M "'a elli Leisure, Assistant City Attorney Exhibit B City of Lubbock,TX RFP 19-14906-JM ADA Ramps in Various Locations Proposal Price Sheet (To be completed and returned with Proposal) ITEM UNIT OF ESTIMATED EXTENDED NO DESCRIPTION MEASURE QUANTITY UNIT PRICE T AM OUI✓T Remove and legally dispose of existing 1 hot mix pavement and all necessarySY 500 C0 incidentals to complete the work, Complete and in place, per square yard. Remove and legally dispose of existing concrete slabs, including existing driveways, alley returns, ramps, and 2 sidewalks, including integral curbing, SY 750 QUi ,`�, steel, sawing, and all necessary incidentals to complete the work, complete and in place, per square yard. Remove and legally dispose of existing f 3 concrete curb and gutter, including LF 700 sawing, and all necessary incidentals to complete the work, per linear foot. Remove and replace existing sign(s), including supplying materials meeting 4 City Traffic Specifications, legal EA 5 disposal of existing sign(s), and all necessary incidentals to complete the 2,500 work, per each. Remove and legally dispose of existing trees, including root removal, sawing, `, L._ . 5 pulling, backfill, legal disposal, and all EA 5 ��, _c necessary incidentals to complete the 2,50,50 0 work, per each. Standard City of Lubbock asphalt patch, in accordance with City of Lubbock Engineering Minimum Design 6 Specifications, flowable fill, and all SY 250v� - AcG necessary incidentals to complete the ? work, furnished and installed, complete and in place, per square yard. Two-sack cement flowable fill to be 7 used as directed by engineer furnished CY 100 C and installed, per cubic yard. Offeror's Initials . ITEM UNIT OF ESTIMATED EXTENDED INTO DESCRIPTION MEASURE QUANTITY UNIT PRICE AMOUNT 30" Concrete curb and gutter, in accordance with City of Lubbock Engineering Minimum Design Standards and Specifications, including 8 all subgrade preparation and jointing; LF 600 and all necessary incidentals to complete the work, furnished and installed, complete and in place; per linear foot. 24" Concrete curb and gutter, in accordance with City of Lubbock Engineering Minimum Design Standards and Specifications; including 9 all subgrade preparation and jointing, LF 600 and all necessary incidentals to complete the work, furnished and installed, complete and in place, per . linear foot. 6'' Portland cement concrete paving, in accordance with City of Lubbock Engineering Minimum Design Standards and Specifications; used in valley gutters; fillets, median, and alley `- 10 returns including all subgrade SY 550 preparation, curbing, dowel bars, reinforcement,jointing and sealing, and all necessary incidentals to complete the work, furnished and installed, complete and in place, per square yard. 4" Portland cement concrete paving, in accordance with City of Lubbock Engineering Minimum Design Standards and Specifications; used in standard City of Lubbock driveways, including all subgrade preparation, 11 excavation, haul of excess material to SY 850 approved site, curbing, retaining wall; reinforcement, dowel bars;jointing and sealing, and all necessary incidentals to complete the work, furnished and installed; complete and in place; per square yard. Offeror's Initials ,_j ITEM UNIT OF ESTIMATED EXTENDED NO. DESCRIPTION MEASURE QUANTITY UNIT PRICE 4" Portland cement concrete paving, 4 AMOUNT feet in width, in accordance with City of Lubbock Engineering Minimum Design Standards and Specifications; used in standard City of Lubbock sidewalk, including all subgrade preparation, 12 excavation; haul of excess material to LF 250 approved site, curbing, retaining wall, reinforcement, dowel bars,jointing and sealing; and all necessary incidentals to complete the work, furnished and installed, complete and in place, per linear foot. 4" Portland cement concrete paving, 5 feet in width, in accordance with City of Lubbock Engineering Minimum Design Standards and Specifications, used in standard City of Lubbock sidewalk, including all subgrade preparation; U�_ .}r �� U-- 13 excavation, haul of excess material to LF 250 approved site; curbing, retaining wall, reinforcement, dowel bars,jointing and sealing, and all necessary incidentals to complete the work,furnished and installed, complete and in place; per linear foot. ADA ramps, including concrete, ramps, wingwalls, curbing, landing(s), retaining wall, reinforcement, cast in place replaceable material, cast in place 14 replaceable paver(to Texas EA 25 Accessibility Standards (TAS) specifications), subgrade preparation, and all necessary incidentals to complete the work, per each. Sprinkler head as directed by engineer; including providing materials, _ connecting to existing sprinkler system; L L; _ removing old sprinkler head, testing EA 20 system, and all necessary incidentals to complete the work, per each. Offeror's Initials �-,' t ITEM DESCRIPTION UNIT OF ESTIMATED EXTENDED NO. MEASURE QUANTITY UNIT PRICE AMOUNT Mobilization, including move-in and move-out cost from each job location. T-1 16 Includes traffic control plan- preparation, approval from COL Traffic EA 15 ; hoc ;�-fit-'' Engineering to all sites, and all other work considered incidental to this item. S WPPP, Including submitting S WPPP for City review, Providing S WPPP at each construction site, Construction Site Notice, Maintenance of BMP's such as 17 silt fences, sand bags, diversion swales and an other measures and/or E�' I �}M incidentals. Must comply with all federal and state and local regulation including the City of Lubbock Storm Water Ordinance. Total Base Bid Items, (1-17) LJ �i L�✓ Offeror's Initials ---� ' Exhibit C City of Lubbock, TX RFP 19-14906-JM ADA Ramps in Various Locations INSURANCE SECTIOL<A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,or the claims history of the industry as well as the Contractor. SECTION C. 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 Slate of Texas and acceptable to the City, in the following type(s)and amount(s): TYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability ❑ Other General Aggregate $1,000,000 ❑ Claims Made ® Occurrence Products-Comp/01)AGG x ❑ W/1-leavy Equipment Personal&Adv. InjUly x ® To lnclucle Products oFComplete Operation Endorsements Contractual Liability x Fire Damage(Any one Fire) Mcd Exp(Any one Person) PROFESSIONAL LIABILITY ❑ General Aggregate AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos Combined Single Limit ❑ Scheduled Autos ❑ 1-hred Autos Each Occurrence $1,000,000 ❑ Non-Owned Autos EXCESS LIABILITY ® Umbrella Fonn Each Occurrence $4,000.000 Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only-Each Accident ❑ Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100%of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%of the Total Material Costs ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION— $500.000 ® EMPLOYERS' LIABILITY $1,000,000 OTHER:COPIES OF ENDOSEMENTS ARE REQUIRED ® City of'Lubboch named as additional insured on,4uto/General Liability on a primary and iron-contributory basis. ® To include p-odncts ofconipleted operations etadorsentettt. ® 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 13`x'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. offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the EMR. 9.4 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 9.5 Proposals shall be made using the enclosed Proposal Submittal Form. 10 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. The proposal shall not exceed a page limit of 27 pages. Proposals that exceed the maximum number of pales will be rejected without review and will not be considered further. 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 naive, 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) List of other professionals to be used, if applicable, with a record of experience in projects of this nature. v) 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 including, but not limited to the City of Lubbock wage requirements. vi) 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. vii) Any material which the proponent wishes to submit and which is not specifically requested in the above categories. 11. BONDS The Contractor is required to ftimish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Goverrunent Code, in the amount of 100% of the total contract price in the event that said contract price exceeds 550,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished.