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HomeMy WebLinkAboutResolution - 2021-R0424 - Contract 16197 with MUDco Ready Mix, LLC 10.26.21Resolution No. 2021-RO424 Item No. 7.13 October 26, 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. 16197 for concrete materials, as per ITB 21-16093-TF, by and between the City of Lubbock and MUDco Ready -Mix, LLC, of Lubbock, 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 October 26, 2021 U-,-f DANIEL M. POPE, MAYOR AT" EST: ( b� &4'� � Rebecca Garza, City Secretary APPROVED AS TO CONTE Jesica cEac ern, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.ServiceContract 16197 Mudco 10.15.21 Resolution No. 2021-110424 City of Lubbock, TX Concrete Materials Contract 16197 THIS CONTRACT made and entered into this 26th day of October , 2021, by and between the City of Lubbock ("City"), and MUDco Ready -Mix, LLC, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Concrete 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 contract with said Contractor covering the purchase and delivery of the said Concrete 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 are attached hereto and made part hereof, Contractor will deliver to the City, Concrete Materials and more specifically referred to as Primary Contractor for item 0-9 and Secondary Contractor for items 0-1 through 0-6 and item 0-10 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. The contract shall be for a term of one (1) year, with the option of four (4), 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. 4. 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. 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. 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. Insurance Requirements 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. 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. 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 ): TYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY Commercial General Liability General Aggregate 1,000,000 Claims Made N Occurrence Products-Comp/Op AGG X W/Heavy Equipment Z XCU Personal & Adv. Injury X To Include Products of Complete Operation Endorsements Contractual Liability X Med Exp (Any one Person) X AUTOMOTIVE LIABILITY Any Auto All Owned Autos HHired Scheduled Autos Autos Non -Owned Autos Per Occurrence 1,000,000 EXCESS LIABILITY Umbrella Form Each Occurrence 4,000,000 Aggregate WORKERS COMPENSATION — STATUTORY AMOUNTS OR 500,000 OCCUPATIONAL MEDICAL AND DISABILITY EMPLOYERS' LIABILITY 1,000,000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in./avor of the City of Lubbock on all coverages, except 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; 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 1314 Avenue K, 91h Floor 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. 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. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. This Contract consists of the following documents set forth herein; Invitation to Bid No. 21- 16093-TF and the Bid Form. -----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 L BBOCK Daniel M. Pope, Mayor A W AA Rebecca aria, City Secretary CONTRA BY Zj; Authorized Representative Print Name L- � Address j-,Lk669t, -N- -�g 40�? AP/ROVED AS Z� CONTENT: City, State, Zip Code ike Qni lilWd, Director of Public Utilities AP WAS T FORM: lli Leisure, Assistant City Attorney City of Lubbock, TIC Purchasing and Contract Management Bid Submission Information In compliance w itit the Invitation to Bid, the undersigned Bidder having examined the invitation to Bid. instructions to bidders, General Conditions of the Agreement, Specifications. and being familiar v%ith the conditions to be met, hereby submits the following bid for furnishing the material, equipment. labor and everything necessary for pro%iding the items listed and agrees to deliver said items at the locations and for the prices set forth on the bid form and or the bid table associated with this bid. A bid w ill be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in Iieu of the items specified, if the unit prices arc obviously unbalanced (either in excess of or below. reasonably expected values), or irregularities of any kind. The invitation to Bid is by reference incorporated in this contract. Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed \krhere applicable, delivery days are: Days After Receipt of Order (ARO) Please provide the minimum load for deliverv: 6 Unless otherwise specified herein, the Cih 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 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. PAYML"N'I- 'FURMS AND DISCOLIN 1'S - Bidder oflers a prompt pay ment discount of 0 °;,, net 30 calendar days. Discounts will not be considered in determining low bid. I rnless otherwise indicated on the Bid Form, payment terms will be NFT' TI ARTY DAYS. The City w ill 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 ol'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. MOS i FAVORED PRICING: The Bidder certifies that the price quoted is not in excess ofthe lowest price charged anyone else, including its most favored customer, for like quality and quantity of' the prod uctslservices; 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 pro% ision 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(%) than provided herein, supplier agrees to notilj 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 desire-, to make available to other local governmental entities of the State of l exas, by mutual agreement w ith the succcesful bidder, and properly authorised interlocal purchasing agreements as provided fin- by the Interlocal Cooperation Act (Chapter 791. Government Code), the right to purchase the same sery ices, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below it'he she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entitie% decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? City of Lubbock Public Works Bid Form ITB 21-16093-TF Concrete Materials MUDco Ready -Mix, LLC of Lubbock, TX Delivery QTY Days Item Description (+/-) UOM Unit Price Total Cost ARO #0-1 Class A Concrete (refer to City of Lubbock Engineering 200 CY 118.00 23,600.00 1 Minimum Design Standards and Specifications, section 8.07) #0-2 Class A Concrete with Fiber Reinforcement (refer to City of 500 CY 124.00 62,000.00 1 Lubbock Engineering Minimum Design Standards and Specifications, section 8.07) #0-3 Class B Concrete (refer to City of Lubbock Engineering 200 CY 123.00 24,600.00 1 Minimum Design Standards and Specifications, section 8.07) #0-4 Class B Concrete with Fiber Reinforcement (refer to City of 200 CY 129.00 25,800.00 1 Lubbock Engineering Minimum Design Standards and Specifications, section 8.07) #0-5 Class C Concrete (refer to City of Lubbock Engineering 200 CY 129.00 25,800.00 1 Minimum Design Standards and Specifications, section 8.07) #0-6 Class C Concrete with Fiber Reinforcement (refer to City of 200 CY 135.00 27,000.00 1 Lubbock Engineering Minimum Design Standards and Specifications, section 8.07) #0-7 Class E Concrete (refer to City of Lubbock Engineering 200 CY No Bid No Bid Minimum Design Standards and Specifications, section 8.07) #0-8 Class E Concrete with Fiber Reinforcement (refer to City of 200 CY No Bid No Bid Lubbock Engineering Minimum Design Standards and Specifications, section 8.07) #0-9 Type I, Type II or a Type I -II Bulk Cement (refer to City of 500 TON 300.00 150,000.00 0 Lubbock Engineering Minimum Design Standards and Specifications, section 8.07) #0-10 Flowable Fill (1.5 sacks per cubic yard) (refer to City of 1,500 CY 92.00 138,000.00 1 Lubbock Engineering Minimum Design Standards and Specifications, section 8.07) # 14 Additional demurrage charge after the first hour on location 1 HR 120.00 120.00 0 #1-2 Charge for a split load, forcing driver to clean and lift chute 1 EA 75.00 75.00 0 to move to new location #1-3 Delivery Charge: Monday - Friday during busness hours 1 EA 0 0 0 #1-4 Delivery Charge: Saturday and Sunday 1 EA No Bid No Bid # 1-5 Pour Charge: Monday -Friday 1 EA 0 0 0 #1-6 Pour Charge: Saturday and Sunday 1 EA No Bid No Bid Total: 476,995.00 Otter governmental entities that might have interests in this contract are Frenship Independent Sc tool District, Lubbock Housing Authority. Lubbock Count, Lubbock County Hospital District, Lu bbock Independent School District, South Plains Association of Governments, Ci . of'1'exarkana, Tt xas Tech University, West Texas Municipal Poi,*er AgencN, Lynn Count-*, and City of Wolfforth. Y �S r l_ NO _. If )ou (the bidder) checked YIDS. 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 materialsiscrvices 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 direcil) to that governmental entity and paid by that governmental entity. City of Lubbock .kill not be responsible for another governmental entity's debts. Lach governmental entity will order their own materials. service as needed. Addenda 3idder acknowledges receipt of addenda issued in regard to this solicitation: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Insurance Requirements I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been rev ievvcd b� me and m) Insurance Agent Broker. If I am awarded this contract b) the Cit} of Lubbock. I will he able to. within ten N0) business days after heing notified of such award b) the City of I.ubhock. furnish a valid insurance certificate to the ( ity meeting all of the requirement~ defined in this hid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirement~, please contact the Directoi ol* Purchasing & Contract Management Cor the C.it) of I .ubbock at (806) 775-2572. Suspension and Debarment Certification Federal I.aw (A-102 Common Rule and OMB Circular A -I 10) prohibits non -I ederal entities from contracting with or makin<_> 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 resew ing individual awards of$25,000 or more and all sub -recipients must certify that their organisation and its principals are not suspended or debarred by a Federal agency. Before an award ol'$25,000 or more can be made to your firm, you must certify that your organisation and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the Iirm named below, certilj that neither this Iirm nor its principals are Suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to I exas Go%ernment Code, Chapter 2252. Section 2252.152, certify that the company named above is not listed on the «ebsite of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051. Section 807.051 or Section 2253.153. 1 further certify that should the above -named company enter into a contract that is on said listing ofcompanies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any foreign 'Terrorist Organization, I will immediately notify the City of' Lubbock Purchasing and Contract Department. TEXAS COVERNMENT CODE. SECTION 2271.002 Company hereby certifies the follo%6ig: 1. Company does not boycott Israel: and 2. Company %%ill not boycott Israel during the term of the contract. The follovN ing definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business acti%ities «ith, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically " ith 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 an organization. association, corporation. partnership, joint venture, limited partnership. limited liability partnership, or limited liability company, including a wholly o»%ned subsidiary, majority -owned subsidiary. parent company, or affiliate of those entities or business associations that exists to make a profit. Vendor Acknoi% ledgemen t In compliance H ith this solicitation, the undersigned bidder ha% ing examined the invitation to bid, instructions to bidderrs, documents associated with the invitation to bid, and being familiar with the conditions to be met, has reviewed the information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 An indix ideal authorized to bind the company must sign the follo«ing section. I-ailure to execute this portion may result in bid rejection. -------Intentionally Left (Blank Submission Information I iIS BID IS SUBMITTFD BY MUDco Ready -Mix, LLC a •orporation organi/ed under the laves of the State of Texas o or individual trading as tl _- City of I ix ID No.. 82-4052843 A Jdress: 404 E. Lehigh St. C ty: Lubbock or a partnership comisting of State: TX Lip: 79403 •IIWBF Hrml I Woman I I Black Amencar }}ispanic American I I Asian Pacific A by Please complete the information below. _ Date: 9/14/2021 .4whorize( Repro wn1alim - mu.sl sign by hand C ft icer Name and I itle: Kristi Egenbacher, Chief Administrative Officer I usiness Ielephone Number806.474.2721 I -mail Address:kristi@mudcoconcretc.com I:AX: n/a Native A Other (Si