HomeMy WebLinkAboutResolution - 2011-R0408 - Contract - Western Emulsions Inc.- Asphalt Materials - 09/27/2011Resolution No. 2011-80408
September 27, 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. 10268-2 (Primary) for
Asphalt Materials - Annual Pricing, by and between the City of Lubbock and Western
Emulsions, Inc., 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 September 27, 2011
TOM MARTIN, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
'wao4�-� "
Marsha. Reed, P.E., Chief Operations Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:cedocs[RES.Contract-Western Emulsions, Inc.
September 6, 2011
Resolution No. 2011-80408
CONTRACT NO. 10268-2
CITY OF LUBBOCE, TX
CONTRACT FOR SERVICES
FOR ASPHALT MATERIALS — ANNUAL PRICING
THIS CONTRACT, made and entered into this 271h day of September, 2011, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Western Emulsions Incorporated ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Asphalt 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 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 Asphalt 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:
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, Asphalt
Materials, and more specifically referred to as item(s) 9 on 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 specifications
attached hereto.
3. The contract shall be for a term of one (1) year, with the option of four (4), one (1) year
extensions, said date of term beginning upon formal approval. The rates may be adjusted
upward or downward every six (6) months 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 six (6) months. Written consent from both parties is
required for all price adjustments. 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. 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.
5. 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.
6. 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.
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 -
policies will be written on an occurrence basis, subject to the following
liability;
TYPE AMOUNT
General Liability
Commercial General Liability $200,000
General Aggregate
Automotive Liability
Combined Single Limit $200,000
Any Auto
Workers Compensation $500,000
VII or better. The
minimum limits of
The City of Lubbock shall be named as primary additional insured, to include products of
completed operations endorsement, with a waiver of subrogation in favor of the City of
Lubbock on all coverages. 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.
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. This Contract consists of the following documents set forth herein; Invitation to Bid No. 1I-
10268 -CI, General Conditions, 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:
Tom Martin, Mayor
APPROVED AS TO CONTENT:
a44 Lad
Marsha Reed, Chief Operating Officer
APPROVED AS TO FORM:
Assistant City Attorney
CONTRACTOR:
BY
Au prized Representative's Signature
�►�t a � l r,�ovg0
Print Nade
Address
J4 7-7�123
City, State, Zip Code
ITB Asphalt Materials — Annual Pricing, Bid No. 11 -10268 -CI
City of Lubbock, Texas
Purchasing and Contract Management
BID FORM
In compliance with the Invitation to Bid 11 -10268 -CI, 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 famishing the
material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at
the locations and for the prices set forth on this form. The Invitation to Bid 11 -10268 -Cl is by reference incorporated in this
contract. The Bid Form must be completed in blue or black into or by typewriter.
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Day fter Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either it -by—item or on an all -or -none basis for any
item or group of items shown on the bid. priGG iAGlidGs l'Ylini!!++fRrM fOA�
Page 4 of 26 �r�, G �q , r e-rder) n -fu n law Ps
OF ,S7laD qA1. a r mat G1 rt i t
Prita Is 1, �%
QTY
UNIT OF
UNIT PRICE*
Extended
Delivery
Days
ITEM
(+f-)
MEASURE
DESCRIPTION
BID
Cost
ARO**
Asphalt Stabilized Base
1.
500
TN
(Black Base/TxDOT Item
$ �'
$
2992)
/
2.
3,500
TN
TxDOT Hot Mix Type C
$
3.
3,500
TN
TxDOT Hot Mix Type D
$ _�qq+ �t�`
�l
$
TxDOT Hot Mix Type C (to
4.
2,000
TN
include price to deliver on-
$
$ „�
✓
site)
TxDOT Hot Mix Type D (to
j
5.
2,000
TN
include price to deliver on-
$
$
site)Q
6.
500
TN
Cold Mix (UPM Type or
$ ���
$ �
7.
200
TN
Buil Mix
8.
3,000
GAL
TxDOT Certified MC 30
Prime Oil
$
$ f
%
9.
3,u"00
GAL
DOT Certified CSS 1-H
$ r� `
$ f AI�7®. Q
1
Tack Oil
Tack
****Note:
All Hot Mix will be made with PG Grade As halt PG 2, 64!,281, or 70128 t'**
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Day fter Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either it -by—item or on an all -or -none basis for any
item or group of items shown on the bid. priGG iAGlidGs l'Ylini!!++fRrM fOA�
Page 4 of 26 �r�, G �q , r e-rder) n -fu n law Ps
OF ,S7laD qA1. a r mat G1 rt i t
Prita Is 1, �%
1 rB Asphalt Materials
M— Ann�u'al Pri Bid 11 -10268 -Cl
-Bidder offers a prompt payment discount of - I+ %, _ calendar days.
PAYMENT TERMS AND DISCOUNTS p p p yIn
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 Fonn 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 you (the bidder) agree that all terms,
conditions, specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, Souto Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal P er Agency, Lynn County, and City of Wolfforth.
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.
Page 5 of 26
VO4sf A� J 0� ITB Asphalt Materials —Annual Pricing, Bid No. l 1-1626&CI
THIS BID IS SUBMITTED BY l0nr �Ol�f A4- a corporation organized under
the laws of the State ofhehs 0 n R , or a partnership consisting of
or an individualI trading as of the City of -oGSO17
Firm: 'b &Oern Emuhrien ;
Address: FSl � kew.4Aa Dr.
city: Lst bba-i— State:',_ zip
M/WBEI Woman
Firm:
rA
Black American I I Native American
Hispanic AmericanI Asian Pacific I I Other (Specify)
American
Representative - must sign by hand
Officer Name and Title: 134P fi
Please Print
30 -.Zdl
Business Telephone Number �Q ' !� r� / FAX: S0; -79`7 11 .3 4
E -Mail Address: r&4 S� �- b✓'GS c r g G fK ie I s 1 D /!'i G a 41
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $25, 000): Hate P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
Page 6 of 26