HomeMy WebLinkAboutResolution - 2021-R0006 - Contract 15530 with MH Civil Constructors, Inc. 1.12.21Resolution No. 2021-R0006
Item No. 7.10
January 12, 2021
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. 15530 for sidewalk and ramp
improvements at various locations as per RFP 21-15530-TF, by and between the City of
Lubbock and MH Civil Constructors, Inc., of Amarillo, Texas, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on January 12, 2021
DANIEL M. POPE, MAYOR
ATTEST:
Reb fcca Garza, City Secre ry
APPROVED AS TO C
Assistant
APPROVED AS TO FORM:
r
K lli Leisure, Assistant City Attorney
ccdocs/RES.Contract 15530 Sidewalk and ramp improvements at various locations
December 21, 2020
Resolution No. 2021-R0006
Contract 15530
City of Lubbock, TX
Sidewalk and Ramp Improvements at Various Locations
Agreement
This Service Agreement (this "Agreement") is entered into as of the 12th day of January 2021
("Effective Date") by and between MH Civil Constructors, Inc., (the Contractor), and the City of Lubbock
(the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 21-15530-TF, Sidewalk and Ramp
Improvements at 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 Sidewalk and Ramp
Improvements at 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:
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 — Proposal Price Sheet/Schedule of Rates
4. Exhibit C — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the
applicable requirements set forth in Exhibit B and Exhibit C attached hereto.
Article 1
1.1 The contract shall be for a term of one year, with the option of four, one-year extensions, said
date of term beginning upon formal approval. All stated annual quantities are approximations
of usage during the time period to be covered by pricing established by this bid. Actual usage
may be more or less. Order quantities will be determined by actual need. The City of Lubbock
does not guarantee any specific amount of compensation, volume, minimum, or maximum
amount of services under this bid and resulting contract. The Contractor must maintain the
insurance coverage required during the term of this contract including any extensions. It is the
responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and
Contract Management Department as required by contract or contract may be terminated for
non-compliance.
1.2 Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City
Council date of formal approval. The rate may be adjusted upward or downward at this time at
a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price
Index (PPI), which ever 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 rage for all items. If agreement cannot be reached, the contract is terminated at
the end of the current contract period.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest
in the Agreement, whatsoever, without prior consent of the City.
1.4 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds by
the City Council of the City of Lubbock for the goods or services provided under the Agreement,
the City will terminate the Agreement, without termination charge or other liability, on the last
day of the then -current fiscal year or when the appropriation made for the then -current year for
the goods or services covered by this Agreement is spent, whichever event occurs first. If at
any time funds are not appropriated for the continuance of this Agreement, cancellation shall
be accepted by the contractor on 30 days prior written notice, but failure to give such notice
shall be of no effect and the City shall not be obligated under this Agreement beyond the date
of termination.
1.5 This contract shall remain in effect until the 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 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 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.
2.14 TEXAS GOVERNMENT CODE SECTION 2252.15
The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist
organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas
Government Code, as a company known to have contracts with or provide supplies or services
to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign
terrorist organization" shall have the meaning given such term in Section 2252.151, Texas
Government Code.
2.15 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 contact 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.
2.16 HB 89
The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government
Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel " means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a person
or entity doing business in Israel or in an Israeli -controlled territory, but does
not include an action made for ordinary business purposes; and
2. "Company" means a for profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability
partnership, or any limited liability company, including a wholly owned
subsidiary, majority -owned subsidiary, parent company or affiliate of those
entities or business associations that exist to make a profit.
2.17 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.
2.18 INDEMNITY
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.
-----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.
CITY OF LU BOCK
BY:
Daniel M. Pope, Mayor
ATTEST:
4RecdcaGarza, City Secreta
APPROVED AS TO CONTENT:
Michael Keenum, P.E., CFM, Division
Director of Engineering/City Engineer
APPROVED AS TO FORM
I �'//j , I --
elli Leisure, Assistant City Attorney
CTOR
� A-,,
Authorized
Saul B. Hernandez, P.E., CCM
Print Name ~
1100 S. Fillmore St., Suite 105
Address
Amarillo TX 79105
City, State, Zip Code
EXHIBIT A
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
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 an Americans with Disabilities Act (ADA)
Ramp Repairs and Installations service contract.
b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing
these services.
c) The information contained within this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection.
2 BACKGROUND
Multiple locations around 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 will identify a
qualified 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.
Detailed Scope:
1. Before start of construction, contractor shall provide a construction schedule.
2. Provide all labor, materials, tools, supervision and equipment to fully analyze site locations and
perform the installation of ADA ramps.
3. The methods of construction shall conform to the requirements of all applicable American
Society of Testing Materials (ASTM) Standards as well as all the American National Standards
Institute (ANSI) and NSF International Standards.
4. The constructed ADA ramps shall conform to ADA regulations and City Standards.
5. Furnish cleanup and restoration of the site to pre -construction conditions or better.
6. Carry out operations in accordance with local, state, federal and OSHA safety regulations.
4 CONTRACT TERMS AND DURATION
The Contract will be in the form of Contract for Services. Payment for work will be on a labor
and equipment basis and will be negotiated on a case -by -case basis. Payment will be based on
time at the site only; mobilization/demobilization costs are to be included in the proposed rates.
The Contract will begin after award of services by the City Council. The contract shall be for a
term of one year, with the option of four, one-year extensions, said date of term beginning upon
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
formal approval. 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 Prime Index (all Urban Consumers) for the 12 month period prior to the
beginning of each contract extension.
Failure of Contractor to meet any of the contract requirements shall be considered
sufficient grounds for immediate cancellation of the contract. The City may cancel by
giving written notice to Contractor indicating the effective date of such cancellation.
Waiver by the City of any breach of any covenant or agreement contained in said contract
on the part of Contractor shall be deemed or held to be a waiver of any breach of any
covenant or agreement contained therein.
5 CITY'S RESPONSIBILITIES
The City Engineering department will identify, assess, and prioritize specific problems. The City
will notify Contractor of locations requiring repair and a description of the field conditions at repair
locations, along with the type of repair method to be utilized.
6 CONTRACTOR'S RESPONSIBILITIES
Contractor will be required to install and repair ADA ramps around the City. Contractor is
responsible for all means and methods used to complete the repairs, as directed by the City.
Contractor shall be responsible for providing the following at levels adequate to complete repairs in
a timely manner as outlined below:
• Qualified Labor
• Tools
• Equipment
• Transportation
• Services (including fuel, electricity, water, and communications)
• Permits
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. A worker is employed on a public work if the worker is
employed by the contractor or any subcontractor in the execution of the contract for the project. See
attached wage rates.
A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less
than the general prevailing rate of per diem wages for the work of a similar character in the locality
in which the work is performed, and not less than the general prevailing rate of per diem wages for
legal holiday and overtime work.
A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to
the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the
worker is paid less than the wage rates stipulated in the contract.
The Contractor is responsible for meeting all Contract conditions and City Standards & Details for
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
all work performed. Substandard work, as determined solely by the City, shall be redone at the
expense of the Contractor when the designed standards are not met.
Water Quality Protection / Storm Water Quality
The contractor shall take all necessary steps to protect the playa lakes from discharges of
construction -related materials into the lakes. This will require the use of Best Management Practices
(BMPs) such as providing sediment controls, temporarily rerouting drainage flows during
construction, and providing an area for concrete washout. Specific BMPs questions can be directed
to the Engineering Department.
The Contractor is responsible for damage resulting from performing repair and clean-up of effected
area.
CONTRACTOR'S LICENSE CLASSIFICATION: Contractor shall possess a valid Contractor's
license at the time of request for proposal closing date and for the duration of the Contract. Failure
to possess the specified license shall render the proposals as non -responsive.
The Contractor is responsible for meeting all Contract conditions and City Standards & Details for
all work performed. Substandard work, as determined solely by the City, shall be redone at the
expense of the Contractor.
7 REPAIR STANDARDS
Final repair shall provide for a fully functional and accessible sidewalk and ramp. The current City
Standard Specifications & Details at the time of repair shall be complied with. The Texas
Accessibility Standards (TAS) shall be adhered to for types and techniques of repairs. All Federal,
State, and Local health and safety rules and regulations shall be complied with.
8 MATERIALS AND SUPPLIES
Contractor will use materials and supplies that conform to the material being repaired or replaced.
Alternate materials may be used upon request and approval from the Engineer. Contractor will be
required to provide necessary materials for completion of work.
9 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.
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
10 PROTECTION OF EXISTING FACILITIES
10.1 GENERAL
A. The Contractor shall protect all existing utilities and improvements not designated for
removal and shall restore damaged or temporarily relocated utilities and improvements to a
condition equal to our better than they were prior to such damage or temporary relocation.
B. The Contractor shall verify the exact locations and depths of all utilities shown and the
Contractor shall make exploratory excavations of all utilities that may interfere with the
Work.
C. The number of exploratory excavations required shall be that number which is sufficient to
determine the alignment and grade of the utility.
10.2 RIGHTS -OF WAY
The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any
telephone, communication cable, fiber optic transmission line, or electric transmission line; any
fence; or any other structure, nor shall the Contractor enter upon the right-of-way involved until
notified by the Engineer that the City has secured authority therefore from the proper party. After
authority has been obtained, the Contractor shall give said party due notice of its intention to begin
work, and shall give said party convenient access and every facility for removing, shoring,
supporting, or otherwise protecting such pipeline, transmission line, ditch, fence, or structure, and
for replacing same. When two (2) or more contracts are being executed at one time, on the same or
adjacent land in such manner that work on one contract may interfere with that on another, the City
shall determine the sequence and order of the Work. When the territory of one contract is the
necessary or convenient means of access for the execution of another contract, such privilege of
access or any other reasonable privilege may be granted by the City to the Contractor so desiring, to
the extent, amount, in the manner, and at the times permitted.
10.3 RESTORATION OF PAVEMENT
A. General: All paved areas, including asphalt concrete berms, cut or damaged during construction,
shall be replaced with similar materials of equal thickness to match the existing adjacent
undisturbed areas. Exceptions would be specific resurfacing requirements of the permit -issuing
agency. All temporary and permanent pavement shall conform to the requirements of the City.
All pavement, which is subject to partial removal, shall be neatly saw cut in straight lines per
City specifications. The Contractor shall be responsible for the repair of all trenches and paved
areas that settle or fail within one year of construction.
B. Temporary Resurfacing_ Wherever required by the public authorities having jurisdiction, the
Contractor shall place temporary surfacing promptly after backfilling and shall maintain such
surfacing for the period of time fixed by said authorities before proceeding with the final
restoration of improvements.
C. Permanent Resurfacing: In order to adhere to the City of Lubbock Standard Specifications &
Details regarding adjacent surfaces, the Contractor shall saw cut back and trim the edge so as to
provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged
portion of pavement.
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
D. Restoration of Sidewalks or Private Driveways: Wherever sidewalks or private roads have been
removed for purposes of construction, the Contractor shall place suitable temporary sidewalks
or roadways promptly after back -filling and shall maintain them in satisfactory condition for the
period of time fixed by the authorities having jurisdiction over the affected portions before
proceeding with the final restoration or, if no such period of times is so fixed, the Contractor
shall maintain said temporary sidewalks or roadways until the final restoration thereof has been
made
11 BONDS
The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government
Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price
exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an
approved Surety Company authorized to do business in the State of Texas. It is further agreed that this
contract shall not be in effect until such bonds are so furnished.
12 EVALUATION CRITERIA
The Maximum Point value is equal to 100 points. The weight factor is 40 points for Price, 35 points
for Contractor Qualifications, 15 points for the Proposed Equipment, and 10 points for Safety Record
Questionnaire. The selection criteria used to evaluate each proposal includes the following:
12.1 40 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.
12.2 35 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). 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.
12.3 15 POINTS - PROPOSED EQUIPMENT: Please utilize the form attached labelled
"Proposed Equipment List". Please provide information as to the equipment to be utilized
during execution of the work associated with this project.
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
12.4 10 POINTS - SAFETY RECORD QUESTIONNAIRE: This criterion is also more
subjectively evaluated and the formula is as follows: (Points = Score). 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 EMRs, 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 offense, location where the offense occurred, type of offense, final disposition
of the offense, and any penalty assessed as well as the EMR.
13 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 pages 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 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.
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
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.
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.
EXHIBIT A
City of Lubbock
Building Construction
Prevailing Wage Rates
Craft Hourly Rate
Automatic Fire Sprinkle Fitter, Certified
28.00
Block, Brick, and Stone Mason
23.00
Carpenters -Acoustical Ceiling Installation
16.00
Carpenter -Rough
13.00
Carpenter -All other work
16.50
Caulker/Sealers
12.00
Cement & Concrete Finishers
16.67
Commercial Truck Drivers
10.26
Crane & Heavy Equipment Operator
20.00
Door & Hardware Specialist
16.00
Drywall and Ceiling Tile Installers
16.00
Drywall Finishers & Tapers
12.00
Electrician
21.21
Floor Layers -Carpet and Resilient
18.00
Floor Layers -Specialty
18.00
Floor Layers -Wood
18.00
Glaziers
17.00
Heating, Air Conditioning & Refrigeration Svc. Tech
21.31
HVAC Mechanic Helper
13.62
HVAC Sheet metal Ductwork Installer
19.30
HVAC Sheet metal Ductwork Installer Helper
13.85
Insulation Workers -Mechanical
12.00
Irrigator -Landscape Certified
13.50
Laborer: Common or General
11.65
Laborer: Mason Tender -Brick
17.00
Laborer: Mason Tender-Cement/Concrete
16.92
Laborer: Roof Tear off
11.09
Roofer
17.44
Painters (Brush, Roller & Spray)
12.00
Paper Hanger
13.00
Pipe Fitters & Steamfitters
24.10
Plaster, Stucco, Lather and EIFS Applicator
17.00
Plumber/Medical Gas Installer
22.83
Plumber Helper
14.20
EXHIBIT B
City of Lubbock
Heavy and Highway
Prevailing Wage Rates
Craft
Hourly Rate
Power Equipment Operator -Tower Crane
30.00
Hydraulic Crane Operators 60 tons & above
32.00
Operator Backhoe/Excavator/Truck hoe
20.25
Bobcat/Skid Steer/Skid Loader
15.22
Drill
16.00
Grader Blade
18.00
Loader
18.00
Mechanic
22.85
Paver (Asphalt, Aggregate, & Concrete)
17.00
Roller
15.00
Reinforcing Iron & Rebar Workers
14.33
Sheet Metal Workers, Excludes HVAC Duct Installation
21.38
Structural Iron & Steel Workers/Metal Building Erector
15.00
Asphalt Distributor Operator
16.50
Asphalt Paving Machine Operator/Spreader Box Operator
18.75
Backhoe Operator
18.00
Cement Mason/Concrete Finishers (Paving Structures)
15.00
Crane Operator (Hydraulic)
25.00
Electrician
17.50
Laborer
13.50
Laborer, Common
15.64
Laborer, Utility
13.50
Crane, Lattice Boom 80 Tons or Less
30.00
Loader/Backhoe
18.00
Roller/Other
15.00
Welder Certified/Structural Steel Weld
25.00
0.14.i1:
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
Proposal Price Sheet
SCHEDULE OF RATES
Item
Number
Description
Hourly Rate
Estimated
Annual
Hours
Total Cost
Labor — Normal hours Monday — Friday
1
Supervisor
$ 90.00
1,500
$135,000.00
2
Equipment Operator
$ 80.00
1,500
$120,000.00
3
Truck Driver
$ 70.00
1,500
$105,000.00
4
Laborer
$ 60.00
1,500
$ 90,000.00
Total: Items 1-4
$ 450,000.00
Urgent Repairs (within hours 8)
5
Supervisor
$100.00
500
$ 50,000.00
6
Equipment Operator
$ 90.00
500
$ 45,000.00
7
Truck Driver
$ 80.00
500
$ 40,000.00
8
Laborer
$ 70.00
500
$ 35,000.00
Total: Items 5-8
$ 170,000.00
Emergency Repairs (within hours 4)
9
Supervisor
$110.00
100
$11,000.00
10
Equipment Operator
$100.00
100
$10,000.00
11
Truck Driver
$ 90.00
100
$ 9,000.00
12
Laborer
$ 80.00
100
$ 8,000.00
Total: Items 9-12
$ 38,000.00
Overall Total: Items 1-12 $ 658,000.00
EXHIBIT C
City of Lubbock, TX
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
INSURANCE
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.
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 State of Texas and acceptable to
the City, in the following type(s) and amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W. Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
PROFESSIONAL LIABILITY
AUTOMOTIVE LIABILITY
® Any Auto
❑ Scheduled Autos
❑ Non -Owned Autos
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑
BUILDER'S RISK
❑
INSTALLATION FLOATER
❑
POLLUTION
❑
CARGO
❑ All Owned Autos
❑ Hired Autos
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person) _
General Aggregate $
Combined Single Limit
Each Occurrence 1 0$ . 00.000
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate _
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
City of Lubbock named as additional insured on Aitto/General Liability on a primary and non-contributory basis.
To include products of completed operations endorsement.
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
1314 Ave. K, Floor 9
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.
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CERTIFICATE OF INTERESTED PARTIES
FORM 129J
lofl
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:
i
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-700715
MH Civil Constructors, Inc.
Amarillo, TX United States
Date Filed:
12/21/2020
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Lubbock, City of
Date Acknowledged:
12/29/2020
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Moreno, Juan
Amarillo, TX United States
X
Hernandez, Saul
Amarillo, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.cd34673b
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-700715
MH Civil Constructors, Inc.
Amarillo, TX United States
Date Filed:
12/21/2020
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Lubbock, City of ]Date
Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 21-15530-TF
Sidewalk and Ramp Improvements at Various Locations
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Moreno, Juan
Amarillo, TX United States
X
Hernandez, Saul
Amarillo, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is Saul B. Hernandez and my date of birth is
My address is 1100 S. Fillmore St., Ste 105 Amarillo Texas 79101 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Potter County, State of Texas , on the 21 St day of December, 2o20
month
Digitally signed by Saul B. emandez:
B j Location: Amarillo, Texas
Contact Info: (806) 282-9450
Date: 2020.12.21 10:38:09-06'00'
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.cd34673b