HomeMy WebLinkAboutResolution - 2021-R0425 - Contract 16093 with West Infrastructure Construction, LLC 10.26.21Resolution No. 2021-R0425
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. 16093 for concrete materials,
as per ITB 21-16093-TF, by and between the City of Lubbock and West Infrastructure
Construction, 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
L.,
DANIEL M. POPE, MAYOR
ATT ST:
Rebecca Garza, City Secretary
APPROVED AS TO CO
Assistant City Manager
AS TO FORM:
City Attorney
;cdocs/RES.ServiceContract 16093 West Infrastructure
10.18.21
Resolution No. 2021-R0425
City of Lubbock, TX
Concrete Materials
Contract 16093
THIS CONTRACT made and entered into this26th day of October , 2021, by and between the
City of Lubbock ("City"), and West Infrastructure Construction, 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:
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, Concrete Materials and more
specifically referred to as Primary Contractor for items 0-1 through 0-8 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.
3. 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
TYPE OF INSURANCE
GENERAL LIABILITY
Commercial General Liability
Claims Made X Occurrence
W/Heavy Equipment N XCU
To Include Products of Complete Operation Endorsements
COMBINED SINGLE
General Aggregate
1,000,000
Products-Comp/Op AGG
X
Personal & Adv. Injury
X
Contractual Liability
X
Med Exp (Any one Person)
X
AUTOMOTIVE LIABILITY
Any Auto All Owned Autos
Scheduled Autos HHired Autos
Non -Owned Autos Per Occurrence 1,000,000
EXCESS LIABILITY
Q9 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 favor of the City o 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;
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
1314 Avenue K, 91' 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 BOCK
Daniel M. Pope, Mayor
ATE :
�v M
Reb cca Garza, City Secretary
APDROVED AS TOWONTENT:
Gil Ifland'kirector of Public Utilities
AP VOVED AS TO FORM:
Ke li Leisure, Assistant City Attorney
CONTRA
BY o V 1~-
Authorized Re r sentative
M. 1"��4 W it 4 DN-)
nt Name
9% &Lts Rd
Address
W64'T�k. 1%5-
City, State, Zip Code
City of Lubbock, TX
Purchasing and Contract Management
Bid Submission Information
In compliance with 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 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 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 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 is by reference incorporated in this contract.
Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed
Where applicable, delivery days are: Days After Receipt of Order (ARO)
Please provide the minimum load for delivery: 5 CY + $150 fee
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 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 n/a %, net n/a
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 FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favored 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 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
West Infrastructure Construction, LLC of Lubbock, TX
Delivery
QTY Unit Days
Item
Description
(+/-) UOM Price Total Cost ARO
#0-1
Class A Concrete (refer to City of Lubbock Engineering
200 CY 115.00 23,000.00 1
Minimum Design Standards and Specifications, section
8.07)
#0-2
Class A Concrete with Fiber Reinforcement (refer to City of
500 CY 121.50 60,750.00 1
Lubbock Engineering Minimum Design Standards and
Specifications, section 8.07)
#0-3
Class B Concrete (refer to City of Lubbock Engineering
200 CY 115.00 23,000.00 1
Minimum Design Standards and Specifications, section
8.07)
#04
Class B Concrete with Fiber Reinforcement (refer to City of
200 CY 121.00 24,200.00 1
Lubbock Engineering Minimum Design Standards and
Specifications, section 8.07)
#0-5
Class C Concrete (refer to City of Lubbock Engineering
200 CY 120.00 24,000.00 1
Minimum Design Standards and Specifications, section
8.07)
#0-6
Class C Concrete with Fiber Reinforcement (refer to City of
200 CY 126.50 25,300.00 1
Lubbock Engineering Minimum Design Standards and
Specifications, section 8.07)
#0-7
Class E Concrete (refer to City of Lubbock Engineering
200 CY 120.00 24,000.00 1
Minimum Design Standards and Specifications, section
8.07)
#0-8
Class E Concrete with Fiber Reinforcement (refer to City of
200 CY 126.50 25,300.00 1
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 No Bid No Bid
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 85.00 127,500.00 1
Lubbock Engineering Minimum Design Standards and
Specifications, section 8.07)
#1-1
Additional demurrage charge after the first hour on location
1 HR 100.00 100.00 1
#1-2
Charge for a split load, forcing driver to clean and lift chute
1 EA 100.00 100.00 1
to move to new location
#1-3
Delivery Charge: Monday - Friday during busness hours
1 EA No Bid No Bid
#14
Delivery Charge: Saturday and Sunday
1 EA No Bid No Bid
#1-5
Pour Charge: Monday -Friday
1 EA No Bid No Bid
#1-6
Pour Charge: Saturday and Sunday
1 EA No Bid No Bid
Total: 357,250.00
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, South Plains Association of Governments, City of Texarkana,
Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES ✓ NO F
• 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.
Addenda
Bidder 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
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I
will be able to, within ten (10) business days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.
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 requirements, please contact
the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
Suspension and Debarment Certification
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.
I, the undersigned agent for the firm named below, certify that neither this firm 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 Texas Government Code, Chapter 2252, Section 2252.152, certify
that the company named above is not listed on the website 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. I further certify that should the above -named company enter into a contract that is on said
listing of companies 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 GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(1) 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking
any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically
with 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 owned
subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business
associations that exists to make a profit.
Vendor Acknowledgement
In compliance with this solicitation, the undersigned bidder having 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 individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in bid rejection.
-------Intentionally Left Blank-------
Submission Information
THIS BID IS SUBMITTED BY West Infrastructure Construction, LLC
a corporation organized under the laws of the State of Texas
of
the City of
Tax ID No.: 27-3204063
Address:2836 Clovis Rd.
City: Lubbock
individual trading as
or a partnership consisting
of
State: TX Zip: 79415
M/WBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other (Snecifv)
Please complete the information below.
BY Date: 9/28/21
Authorized Re re entative - must sign by hand
Officer Name and Title: Misty Wilson -Material Sales Manager
Business Telephone Number 806-771-6440 FAX: 806-771-6441
E-mail Address: misty@westindustries.net