HomeMy WebLinkAboutResolution - 2016-R0175 - Saenz Transport - 05/26/2016Resolution No.2016-RO175
Item No.5.12
Mav 26,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT City of Lubbock Invitation to Bid No.ITB 16-12795-TF /Contract 12795 is
awarded to Saenz Transport, LLC, for Sand, Rock and Gravel Materials and the transportation of
those materials,and further THAT the Mayor of the City of Lubbock is authorized and directed
to execute,for and on behalf of the City of Lubbock,a contract for said activities with Saenz
Transport,LLC,consistent with the terms of the bid submittal attached hereto and incorporated
herein,in a form acceptable to the City Attorney,and related documents.
Passed by the City Council on May 26.2016 .
DANIEL M.POf>E,MAYOR
ATTEST:
L$/U -^fC-ebecca Garza,City Secretary
APPROVED AS TOXJONTENT:
L.WooekFranklin,P.E.,Director oTPublic Works
APPROVED
John C.Gpac£,Assistant City Attorney
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Resolution No. 2016-R0175 Contract 12795
City of Lubbock, TX
Contract for
Sand, Rock, and Gravel Materials
THIS CONTRACT made and entered into this 261" day of May, 2016, by and between the City of
Lubbock ("City"), and Saenz Transport, LLC, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Sand, Rock, and Gravel Materials
and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a Primary contract with said Contractor covering the
purchase and delivery of the said Sand, Rock, and Gravel Materials.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto
and made part hereof, Contractor will deliver to the City, Sand, Rock, and Gravel Materials and
more specifically referred to as Items 1 through 12 on the bid submitted by the Contractor or in
the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein.
3. 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.
4. 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.
5. This contract shall remain in effect until the expiration date, performance of services ordered, or
termination of by either party with a 30 day written notice. Such written notice must state the
reason for cancellation. 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.
6. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to
enter into any agreement or undertaking for or on behalf of City.
7. The contractor shall obtain and maintain in full force and effect during the term of the contract,
commercial general liability coverage with insurance carriers admitted to do business in the State
of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies
will be written on an occurrence basis, subject to the following minimum limits of liability:
TYPE AMOUNT
General Liability
Commercial General Liability
General Aggregate/Per Occurrence $1,000,000
Products-Comp/Op AGG
Contractual Liability
Automotive Liability
Combined Single Limit — Per Occurrence $1,000,000
Any Auto
Workers Compensation Statutory
Or Occupational Medical and Disability
Employer's Liability $1,000,000
The City of Lubbock shall be named as additional insured on a primary and Non -Contributory
basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock on
all coverages. Copies of all endorsements are required.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate will provide 30 days' notice of cancellation, and under the cancellation section, the
wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives" will be crossed out. A copy of the
additional insured endorsement attached to the policy will be included with the certificate.
The contractor shall also maintain workers compensation insurance in the statutory amount.
If at any time during the life of the contract or any extension, the contractor fails to maintain the
required insurance in full force and effect, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the contract.
8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
9. 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.
10. 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.
11. 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 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.
12. 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 on insurance from the
Subcontractor that complies with all contract Insurance requirements.
13. This Contract consists of the following documents set forth herein; Invitation to Bid No. 16-
12795-TF, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBBOCK
DANIEL M. P E, MAYOR
ATTEST:
Re cca Garza, City Seecre
AnP/PIiPV;D AS TO CONTENT: )
LIU
Mike Gilliland,
Public Works Superintendent
CONTRACTOR
BY
Authorized Representative
Q�e.Y Sae�l�
Print Name
Po. %Qk BI
Address
Ncu�'O" Tx '193SD
City, State, Zip Code
REVISED
BID FORM
Sand, Rock, and Gravel Materials
City of Lubbock, TX
ITB No. 16-12795-TF
In compliance with the Invitation to Bid 16-12795-TF. the undersigned Bidder having examined the
Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the
following Bid for furnishing the material, equipment, labor and everything necessary for providing the
items listed for the prices set forth on this form. A bid will be subject to being considered irregular and
may be rejected if it shows omissions, alterations of form, conditional alternate bids, 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. The Invitation to Bid 16-12795-TF is by
reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by
typewriter.
MATERIALS ONLY
ITEM
QTY
(+/-)
UNIT OF
MEASURE
UNIDESCRIPTION PRICE
EXTENDED
COST
BID*
1.
6,500
TN
"00" Backfill Gravel
y
2.
500
TN
/2" Base Aggregate ('/2" Base Course Gravel
t5,25
`�• 2s
3.
600
TN
3/a" Base Aggregate (%" Base Course Gravel)
15.25
G lso
4.
300
TN
I" Concrete gravel (1" Concrete Rock)
Is.25
4s 5
5.
100
TN
1" Concrete Gravel (Vealmore Exposed
Aggregate)
iI. oo
11100
6.
200
TN
Fine Sand (Brick Sand)
10,160
'L lloo
7.
100
TN
Screenings (Crusher Fines)
11.10
i 1 I SO
8.
300
TN
1 '/<" Base Aggregate Flex
13.2v
39(,C)
9.
1,500
TN
Concrete Sand
Is.2S
Z2,8'�S
10.
1,500
TN
Flowable Backfill (2 Sack Concrete Blend)
CIgoo
RECYCLED MATERIALS ARE NOT ACCEPTABLE
MATERIAL TRANSPORTATION SERVICE
Contract Materials to be delivered to job site location asspecified by Ci of Lubbock Sta
ITEM
QTY
UNIT OF
DESCRIPTION
UNIT PRICE
EXTENDED
Delivery
Days
+/-)
MEASURE
BID*
COST
ARO**
11.
11,600
TN
Transportation service fee for
materials on contract.
612 $ o
0
12. Delivery costs for travel outside of City limits, per mile.
$ 4.00 per mile
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
REVISED
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis
for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for Sand, Rock, and Gravel Materials and Material Transportation
Services with one or more contractors. In order to assure adequate coverage, the City may make multiple
awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest
of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based
on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net 30
calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid
Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after
the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt
payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the
stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of
acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten
days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favoured customer, for like quality and quantity of the products/services;
does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of
products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If
at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or
less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein,
supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the
period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities
of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing
agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to
purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the
Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the
City of Lubbock. Should these other governmental entities decide to participate in this contract, would
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as
a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be
billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not
be responsible for another governmental entity's debts. Each governmental entity will order their own
materials/service as needed.
REVISED
THIS BID IS SUBMITTED BY 5 D- NZ TftOJVMp61t , LLL a corporation organized under the laws of the State of
I os , or a partnership consisting of or individual
trading as
of the City of
Firm: S0.�tEN� T'1\e AQprd, LLc-
Address: 90 ak
City: Ntw State: i x Zip qcw1 D
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
jarM371
Representative - must sign by hand
Officer Name and Title: l ty, S c Luu S 2c A
Please Print
Business Telephone Number 'BokD 535- 5 w 4 FAX: 80b '1U6 V h CI B
E-mail Address: SOA A4,{ roz s p n+ 0- �. vv ot, 1 -
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $50, 000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK
SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
City of Lubbock, TX
Public Works Operations
Bid Tabulation
May 26, 2016
ITB 16-12795-TF
Sand, Rock and Gravel Materials
Item Qty U/M
Description/Vendor
Location
Unit Cost
Extended Cost
1 6500 TN
"00" Backfill Gravel
R.E. Janes Gravel Co.
Slaton, TX
8
$ 49,725
Saenz Transport, LLC
New Deal, TX
8
49,725
2 500 TN
''/2" Base Aggregate ('/2" Base Course Gravel
R.E. Janes Gravel Co.
Slaton, TX
15
7,625
Saenz Transport, LLC
New Deal, TX
15
7,625
3 600 TN
3/" Base Aggregate (3/." Base Course Gravel)
R.E. Janes Gravel Co.
Slaton, TX
IS
9,150
Saenz Transport, LLC
New Deal, TX
15
9,150
4 300 TN
I" Concrete gravel (I" Concrete Rock)
R.E. Janes Gravel Co.
Slaton, TX
15
4,575
Saenz Transport, LLC
New Deal, TX
15
4,575
5 100 TN
I" Concrete Gravel (Vealmore Exposed
Aggregate)
R.E. Janes Gravel Co.
Slaton, TX
17
1,700
Saenz Transport, LLC
New Deal, TX
17
1,700
6 6500 TN
"00" Backfill Gravel
R.E. Janes Gravel Co.
Slaton, TX
11
70,200
Saenz Transport, LLC
New Deal, TX
11
70,200
7 200 TN
Fine Sand (Brick Sand)
R.E. Janes Gravel Co.
Slaton, TX
11
2,260
Saenz Transport, LLC
New Deal, TX
11
2,260
8 300 TN
I %" Base Aggregate Flex
R.E. Janes Gravel Co.
Slaton, TX
13
3,960
Saenz Transport, LLC
New Deal, TX
13
3,960
9 1500 TN
Concrete Sand
R.E. Janes Gravel Co.
Slaton, TX
15
22,875
Saenz Transport, LLC
New Deal, TX
15
22,875
10 1500 TN
Flowable Backfill (2 Sack Concrete Blend)
R.E. Janes Gravel Co.
Slaton, TX
7
9,900
Saenz Transport, LLC
New Deal, TX
7
9,900
11 11600 TN
Transportation service fee for materials on contract.
Saenz Transport, LLC
New Deal, TX
6
67,280
12 1 Mi
Delivery costs for travel outside of City
limits, per mile.
Saenz Transport, LLC
New Deal, TX
4
4
OVERALLTOTAL
R.E. Janes Gravel Co. (Cannot Provide
Slaton, TX
$ 181,970
Items I 1 & 12)
Saenz Transport, LLC
Lubbock, TX
249,254
1
S'Pu¢hwe idD� I6-12795-T Send, Rock end Gavel Mmma6