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HomeMy WebLinkAboutResolution - 2011-R0227 - Contract - Allen Butler Construction - Concrete, Annual Pricing - 05/31/2011Resolution No. 2011-RO227 May 31, 2011 Item No. 5.8 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, Contract No. 10064 for concrete - annual pricing, by and between the City of Lubbock and Allen Butler Construction, Ransom Canyon, 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 May 31, 2011 TOM MARTIN, MAYOR I ATTEST: L.0-13- - ---L—A Reb cca Garza, City Secret t) (APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: � r Chad Weaver, Assistant City Attorney sj:ccdocs/RES.Contract-Allen Butler Construction May 10, 2011 CONTRACT NO. 10064 Resolution No. 2011-80227 CITY OF LUBBOCK, Tx CONTRACT FOR SERVICES FOR CONCRETE - ANNUAL PRICING ITB 11 -10064 -DG THIS CONTRACT, made and entered into this 31ST day of May, 2011, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Allen Butler Constriction, Inc. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Concrete- Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has accepted such bid and authorized the execution in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Concrete- Annual Pricing. 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 specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Concrete- Annual Pricing specifically referred to as Secondary Supplier for Item(s) 1-20 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The Contractor shall perform the work according to the procedure outlined in the Bid Form or in the specifications attached hereto. The contract shall be for a term of three years, with the option of two (2) one (1) year extensions, said date of term beginning upon formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 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. 4. Price adjustments may be allowed for "Pass Through" costs incurred by vendor. Requests for price adjustments will be WRITTEN, and will include documentation that substantiates additional costs. All requests will be received by the City 30 DAYS PRIOR to a requested effective date for a price adjustment. Such adjustments must be acceptable to both parties or theitem(s) in question may be deleted from the contract with respect to further orders, or the contract may be canceled and new bids solicited This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (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 bold 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. Q:PurchaseBid Docs/1 1 -10064 -DG 7. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, 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 the 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 8. 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 Worker's Compensation and Employers Liability Comprehensive Automobile Coverage for loading and unloading a. Owned/leased vehicles b. Non -owned vehicles Commercial General Liability Combined Single Limit: AMOUNT Statutory $500,000 Combined single limit for Liability insurance, including bodily Injury and property of $200,000 per occurrence hazards, for: or its equivalent. $300,000 General Aggregate The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's to include Products and Completed Operations. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 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. 9. 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. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 11 -10064 -DG, General Conditions, Specifications, and the Bid Form. Q: Purc hale/Fi iJ Rucsl i 1 -10054 -RG 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: Tom Madin, Mayor ATTEST: Rebeccl Garza, City Secretary APPROVED AS TO CONTENT: ku4A�2t4eal Marsha Reed, Chief Operating Officer APPRO AS Fp Assistant City Attorney Q:P„mhasefid DocO 1 -10064 -DG CONTRACTOR: BY�%� Authorized Representative's Signature 2 IF 5,4" fLq { S oto P r. Address "� �/ 1tA15o 1 Cony, - 1 >( City, State, Zip Code