ESBD_File_339844_01 RFP 24-17592-KM.pdf

RFP 24-17592-KM

Construction Services for Repair of Drainage Infrastructure

1. INSTRUCTIONS TO OFFERORS

1.1 Offerors may submit proposals electronically by uploading required documents at the City of

Lubbock’s partner’s website, Bonfire. Refer to Bonfire for Submission Instructions. This

Request for Proposals is for your convenience in submitting an offer for the specified services.

If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of

Purchasing and Contract Management:

Physical: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, Texas 79401

Mailing: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

P.O. Box 2000

Lubbock, Texas 79457

MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME

The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following Instructions to Offerors and General

Requirements, attached.

Sealed proposals and electronic submittals submitted through the Bonfire portal, shall be received until:

10/31/2023 prior to 3:00 P.M.

Please allow time to upload required documentation. 24hrs in advance is recommended.

Offerors are responsible for making certain proposals are submitted to the Purchasing and

Contract Management Department.

Offerors are responsible for making certain proposals and proposed contracts are delivered to the

Purchasing and Contract Management Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If offeror does not hand deliver a proposal, we suggest that he/she use some sort of delivery service that provides a receipt. The

City of Lubbock assumes no responsibility for errant delivery of a proposal, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.

1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by the offeror guaranteeing authenticity.

1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

Proposals may be withdrawn prior to the above scheduled time set for closing. A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.

2. PRE-PROPOSAL MEETING

2.1. For the purpose of familiarizing proposers with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposal (RFP) documents, a pre-proposal meeting will be held on pre-pro date, October 18, 2023, at 10:00 A.M. via teleconference. The Zoom meeting information is as follows:

Website: https://zoom.us/j/96579888933?pwd=c0hiak9wbUFMeVExOWhtaXhuOHVSUT09

Meeting ID: 965 7988 8933

Passcode: 1314

All persons attending the conference will be asked to identify themselves and the prospective proposer they represent.

2.2. It is the proposer’s responsibility to attend the pre-proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-proposal meeting to proposers who do not attend the pre-proposal meeting.

2.3. The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre-proposal meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1314 Ave. K, (806)775-2018 at least forty-eight (48) hours in advance of the conference.

3. CLARIFICATION OF REQUIREMENTS

3.1. It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.

It is the offeror’s responsibility to advise the City of Lubbock Director of Purchasing and

Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock https://zoom.us/j/96579888933?pwd=c0hiak9wbUFMeVExOWhtaXhuOHVSUT09

Purchasing Office no later than five (5) calendar days prior to the proposal closing date. A review of such notifications will be made.

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS REQUEST FOR PROPOSAL (RFP) MUST BE SUBMITTED IN

WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL

CLOSING DATE AND ADDRESSED TO:

Kiara Morgan, Buyer III

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, TX 79401

Fax: (806) 775-2164

Email: KMorgan@Mylubbock.us

4. CONTRACT TERM

4.1. The contract shall be for a term of one (1) year, with the option of two (4), one year extensions, said date of term beginning upon formal approval. This Contract will renew automatically for the additional terms, unless either Party gives 90-day written notice to terminate the Contract.

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.

5. PRICE INCREASE

5.1. 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.

5.2. 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.

5.3. 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.

6. TERMINATION OF CONTRACT

6.1. 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.

mailto:KMorgan@Mylubbock.us

7. ADDENDA & MODIFICATIONS

7.1. The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

7.2. Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.

7.3. Any offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing and Contract Management Department. At the request of the offeror, or in the event the Purchasing and Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract Management Department. Such addenda issued by the Purchasing and Contract Management Department will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the proposal package having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations will be binding.

In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Department no later than five (5) days prior to the proposal closing date.

7.4. The City does not assume responsibility for the receipt of any addendum sent to offerors.

8. EXAMINATION OF DOCUMENTS AND REQUIREMENTS

8.1. Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this

RFP.

8.2. Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the

Request for Proposal.

8.3. All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received.

9. PROPOSAL PREPARATION COSTS

9.1. Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal.

9.2. The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment.

9.3. All costs related to the preparation and submission of a proposal shall be paid by the proposer.

10. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC

INFORMATION ACT

10.1. If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

https://ci-lubbock-tx.bonfirehub.com/portal/ http://library.ci.lubbock.tx.us/ https://ci-lubbock-tx.bonfirehub.com/portal/ https://ci-lubbock-tx.bonfirehub.com/portal/

10.2. Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b)

10.3. The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney

General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government

Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester.

10.4. Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the

Texas Public Information Act.

10.5. Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below.

https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx

10.6. For more information, please see the City of Lubbock Public Information Act website at:

https://ci.lubbock.tx.us/pages/public-information-act

11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS

11.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

11.2. A DBE is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black

Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian

Americans.

12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

12.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

12.2. A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx https://ci.lubbock.tx.us/pages/public-information-act business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black

Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian

Americans.

13. CONFLICT OF INTEREST

13.1. The Offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock.

13.2. By signing their proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this RFP.

13.3. It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock

13.4. Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the

Questionnaire, Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed.

The questionnaire can be found at:

https://www.ethics.state.tx.us/forms/conflict/

For the City of Lubbock, these forms should be filed with the City Secretary’s Office, P.O. Box

2000, Lubbock, Texas, 79457

See Section 176.006, Local Government Code:

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm.

A person commits an offense if the person violates Section 176.006, Local Government Code.

An offense under this section is a Class C misdemeanor.

14. CERTIFICATE OF INTERESTED PARTIES

14.1. Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas

Government Code requires certain business entities to submit an electronic disclosure form to the

Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply:

1) Contract requires an action or vote by the City Council (governing body); OR

2) Contract value is $1 Million or greater; OR

3) Contract is for services that would require a person to register as a lobbyist under Chapter

305 of the Government Code.

This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the https://www.ethics.state.tx.us/forms/conflict/ http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable).

14.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a governmental entity or state agency is voidable for failure to provide the disclosure of interested parties required by this section only if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity ’s failure to provide the required disclosure; and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice under Subdivision (1).

15. ANTI-LOBBYING PROVISION

15.1. DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE

CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND

REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR

PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF

EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING

DEPARTMENT IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS,

INTERVIEWS, OR PRESENTATIONS.

15.2. This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal.

16. AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL

16.1. Proposals must show vendor name and address of offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions.

Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A

CONTRACT. Failure to manually sign proposal will disqualify it.

17. ABOUT THIS DOCUMENT

17.1. This document is a Request for Proposal. It differs from an Invitation to Bid in that the City of

Lubbock is seeking a solution, as described in the following General Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize its best judgment when determining whether to schedule a pre-proposal conference (before proposals are accepted), or meetings with offerors (after receipt of all proposals). A Purchase Order/Contract will be awarded to a qualified offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints.

18. EVALUATION PROCESS

18.1. All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant.

18.2. Respondents to this RFP may be required to submit additional information that the City may deem necessary to further evaluate the offeror’s qualifications.

18.3. The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal.

18.4. The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped.

19. SELECTION

19.1. Selection shall be based on the responsible offeror(s) whose proposal(s) is/are determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP.

19.2. The successful offeror(s) will be expected to sign a contract substantially like that in the example provided.

19.3. NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY

AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR

PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY

SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.

20. EQUAL EMPLOYMENT OPPORTUNITY

20.1. Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way a violation of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

21. NON-APPROPRIATION

21.1. All funds for payment by the City under this contract 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 contract, the City will terminate the contract, 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 contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (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 contract beyond the date of termination.

22. PROTEST

22.1. All protests regarding the RFP process must be submitted in writing to the City Director of

Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law.

FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A

WAIVER OF ANY PROTEST.

23. THE CITY RIGHT TO AUDIT

23.1. 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 thirty (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.

24. NON-ARBITRATION

24.1. The City reserves the right to exercise any right or remedy available 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.

25. ASSIGNING OR SUBLETTING THE CONTRACT

25.1. 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 Sub-contractor or shall provide proof on insurance from the

Sub-contractor that complies with all contract Insurance requirements.

26. TEXAS GOVERNMENT CODE SECTION 2252.152

26.1. 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.

27. TEXAS GOVERNMENT CODE SECTION 2271.002

27.1. 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.

28. TEXAS PUBLIC INFORMATION ACT

28.1. 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.

29. CONFIDENTIALITY

29.1. 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.

30. INDEMNITY

30.1. 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 sub-contractors, 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.

31. SUSPENSION AND DEBAREMENT

31.1. Contractor certifies that at the time of submission of its bid, Contractor was not on the federal government’s list of suspended, ineligible or debarred Contractors and that Contractor has not been placed on this list between the time of bid submission and the time of execution of the

Contract. If Contractor is placed on this list during the term of the contract, Contractor shall notify the Lubbock County Director of Purchasing. False certification or failure to notify may result in termination of the contract for default.

31.2. Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients). Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency.

31.3. By submitting a proposal in regard to this request, this firm certifies that neither this firm nor its principals are suspended or debarred by a Federal agency.

32. INSURANCE REQUIREMENTS

32.1. 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.

32.2. 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.

32.3. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, 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):

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).

Automatically add an excess liability of $4M.

Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is required Commercial General Liability Digging Endorsement: XCU endorsement is required

Automobile Liability Requirements: $1M/occurrence is needed

Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a minimum, the insurance should cover the full insurable value of the improvements.

Workers Compensation 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 ($1M) 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 a A.M. Best rating of A- or better.

• Sub-contractors must carry same limits as listed above

IMPORTANT: POLICY ENDORSEMENTS

The Contractor will provide copies of the policies without expense, to the City 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. Any costs will be paid by the Contractor.

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 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 & Contract Management

City of Lubbock

1314Avenue K, 9th Floor

Lubbock, Texas 79401

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.

City of Lubbock, TX

RFP 24-17592-KM

Construction Services for Repair of Drainage Infrastructure

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 a Construction Services for Repair of

Drainage Infrastructure 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

Throughout the city of Lubbock there are numerous drainage improvements in various stages of disrepair that need repair or replacement. Severe cases may even subject some of the City’s infrastructure to failure and are in need of replacement or repair. Repair and/or reconstruction of these channels will attempt to minimize future erosion and safety concerns in these areas. Complaints and the underlying safety hazards associated with the drainage infrastructure necessitate ongoing repairs. This service contract will provide the opportunity to have a contractor identified that can respond quickly and is capable of making the necessary repairs as problems are identified.

3. SCOPE OF WORK

The Contractor shall have the ability to make repairs and/or replace existing drainage infrastructure. The types of repairs will vary based on the specific situations, and materials such as gabion baskets, turf reinforcement mats, rock riprap, concrete lining, and more are expected to be used for the repairs. Most of the existing failures are in or around drainage channels that have experienced erosion due to possibly undersized drainage capacity or wave action undercutting of structures. This service contract will help to repair many of these instances that are present all over town. Specific direction will be provided by the Engineering Department as to which particular location needs attention and which methodology will be utilized. The Contractor must be able to mobilize and respond quickly, especially at times when an emergency type of repair is needed.

Detailed Scope:

• Provide all labor, materials, tools, supervision and equipment to fully perform the work of repair and/or replacement of concrete drainage channels as well as the earthwork grading necessary for the repair. 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.

• Utilize a variety of techniques to repair/replace other drainage infrastructure throughout the

City of Lubbock. Specific direction for locations and type of repairs will be provided by the

City. Coordination with Contractor will be essential in helping determine the best repair process to help prevent future damage in the immediate area.

• Provide traffic control as necessary in accordance with applicable TXDOT and TMUTCD regulations.

• Furnish cleanup and restoration of the site to pre-construction conditions or better.

• Carry out operations in accordance with local, state, federal and OSHA safety regulations

• Provide before and after photos of each project/repair.

4. 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(s) to be utilized.

5. CONTRATOR’S RESPONSIBILITIES

Contractor will be required to perform repairs to the City’s surface drainage features. 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)

The Contractor shall be responsible for notifying the Engineering Department for each of the working days of this contract. A worker is employed on a public work if the worker is employed by the

Contractor or any sub-contractor in the execution of the contract for the project. See Exhibit A, B and C for 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 sub-contractor 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.

6. WATER QUALITY PROTECTION OR STORM WATER QUALITY

Much of the work on this contract will occur at or near local playa lakes. As such, 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.

7. CONTRACTOR’S LICENSE CLASSIFIACTION

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.

8. REPAIR STANDARDS

Final repair shall provide for fully functional and flowing condition of surface drainage features. The current City Standard Specifications & Details at the time of repair shall be complied with. The Technical Memorandum for Construction Services for Repair of Drainage Infrastructure –

BT-08LR 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.

9. 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 a City of Lubbock Engineer.

Contractor will be required to provide necessary materials for completion of work.

10. SCHEDULING

Time is of the essence for all work contemplated by the Contract. Contractor will make a good faith effort to start repairs within five (5) days of notification or in accordance with a written schedule approved by the City. If repair cannot be completed within a timely period, Contractor shall provide written notification to the City detailing reasons for delay and anticipated completion schedule within two (2) 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.

11. PROCTECTION OF EXISTING FACILITIES

11.1. GENERAL

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.

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.

The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility.

11.2. 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.

11.3. RESTORATION OF PAVMENT

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.

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.

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.

12. 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.

13. EVALUATION CRITERIA

13.1. The following criteria will be used to evaluate and rank submittals:

13.1.1. Substantial successful experience in completing similar projects. – 40 Points

13.1.2. Substantial representations regarding the firm’s qualifications and demonstrated technical capabilities and professional competence of the Proposer and assigned personnel. – 20

Points

13.1.3. Substantial Capability to meet schedules and deadlines as well as the capability to complete projects without having major cost escalations, change orders or overruns– 20 Points

13.1.4. Record of performance based on previous work with the City and/or other client references.

– 20 Points

14. PROPOSAL FORMAT

14.1. 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.

14.2. The proposal should be bound in a single volume if submitting a hardcopy. All documentation submitted with the proposal should be bound in that single volume.

14.3. 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…