HomeMy WebLinkAboutResolution - 2022-R0040 - Contract 16221 with Green Dream InternationalResolution No. 2022-R0040
Item No. 7.15
January 25, 2022
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. 16221 for raw materials for
public works as per ITB 22-16221-SB, by and between the City of Lubbock and Green
Dream International, LLC of Erie, Pennsylvania, 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
January 25, 2022
-L'777A
DANIEL M. POP , MAYOR
ATTEST:
Reb ca Garza, City Se eta
APPROVED AS TO CONTENT:
C&5 . --
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
I&AAA;'
elli Leisure, Assistant City Attorney
ccdocs/RES.ServiceContract 16221 Green Dream Intn'1
12.29.21
Resolution No. 2022-R0040
Contract 16221
City of Lubbock, TX
Contract for
Raw Materials for Public Works Operations
THIS CONTRACT made and entered into this day, January 25, 2022 , by and between the
City of Lubbock ("City"), and Green Dream International LLC, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Raw Materials for Public Works
Operations 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 Raw Materials for Public Works Operations.
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, Raw Materials for Public
Works Operations and more specifically Items 1, 2, 3, and 6 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
amount(s):
TYPE OF INSURANCE COMBINED SINGLE LIMIT
GENERAL LIABILITY
® Commercial General Liability General Aggregate $2,000,000*
® Occurrence 1,000000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
*can be combined with Excess Liability to meet requirement
AUTOMOTIVE LIABILITY
® Any Auto Per Occurrence $1,000,000
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR
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 of Lubbock on Commercial General Liability, Automotive Liability and
Workers Compensation
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; 10 day
written notice for non-payment.
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, 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 contact 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. 22-
16221-SB 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 OCK
Daniel M. Pope, Mayor
ATTEST:
Re ecca Garza, City Secr
APPROVED AS TO CONTF,NT:
()v- (C'yZ(.J-
M&I—GA—filanJ, Director of Public Utilities
APP AST FORM:
V
Kelligisure,.4'sisiant City Attorney
CONTRACTOR
BY 9/ 4,j W
Authorized Representative
Emad Windi
Print Name
32 W. 8th St. suite no 607
Address
Erie, PA 16501
City, State, Zip Code
City of Lubbock
ITB 22-16221-SB
Raw Materials for Public Works Operations
Specifications
1. 500 Tons "00" Backfill Gravel
2. 3000 Tons '/2" Base Aggregate ('/z" Base Course Gravel)
3. 3000 Tons 1/4" Base Aggregate (1/4" Base Course Gravel)
4. 1000 Tons 1" Concrete Gravel( 1" Concrete Rock)
5. 50 Tons Screenings (Crusher Fines)
6. 1000 Tons Concrete Sand
7. 1000 Tons Flowable Backfill (2 Sack Concrete Blend)
8. 100 Tons 1 3/4" Base Aggregate Flexible Base (Refer to City of Lubbock
Engineering Minimum Design Standards and Specifications section
8.08.02)
City of Lubbock
ITB 22-16221-SB Raw Materials for Public Works
Bid Form
Green Dream International, LLC of Erie, PA
Qty Required
UOM Unit Price
Extended Cost
#0-1 - "00" Backfill Gravel
500
Ton
$31.35
$15,675.00
#0-2 - 112" Base Aggregate (112" Base Course Gravel)
3000
Ton
25.85
77,550.00
#0-3 - 314" Base Aggregate (3,14" Base Course Gravel)
3000
Ton
35.20
105,600.00
#E1-4---1 "-£encreie Gnwo-4 �VLC rnofete RoekF - — - — - —
- — - 4#N-
— 34.E
- — 394, A)O.(YL
.0.5--Screerrire{,�rss�rFims--..------------5&---
--4m---2"r�__--,,'I.z,.,;�;Q.
#0-6 - Concrete Sand
1000
Ton
26.40
26,400.00
#0-7 - Flowable Backfill (2 Sack Concrete Blend)
1000
Ton
No Bid
No Bid
0-8- f 3rW Base-Aggmgan-F cxiMe-Basc-tRefer-to- Fite-4- —
- — - - G(� - -
--4vn— -
— 3-1-4r
- — 3,135 -09
Lubbock Engineering Minimum Design Standards and
Specifications section 8.08.02)
Total $225,225.00
City of Lubbock - Public Works
ITB 22-16221-SB Raw Materials for Public Works
Bid Tabulation Sheet
Vendor
Location
Qty Required
UOM
Unit Price
Extended Cost
#0-t - "00" Backfill Gravel
Green Dream International, LLC
Erie, PA
500
Ton
$31.35
$15,675.00
West Texas Paving, Inc
Wolfforth, TX
500
Ton
No Bid
No Bid
Vulcan Construction Materials, LLC
San Antonio, TX
500
Ton
No Bid
No Bid
90-2 - 1/2" Base Aggregate (1/2" Base Course Gravel)
Green Dream International, LLC
Erie, PA
3000
Ton
25.85
77,550.00
West Texas Paving, Inc
Wolfforth, TX
3000
Ton
No Bid
No Bid
Vulcan Construction Materials, LLC
San Antonio, TX
3000
Ton
No Bid
No Bid
#0-3 - 3/4" Base Aggregate (3/4" Base Course Gravel)
Green Dream International, LLC
Erie, PA
3000
Ton
35.20
105,600.00
West Texas Paving, Inc
Wolfforth, TX
3000
Ton
No Bid
No Bid
Vulcan Construction Materials, LLC
San Antonio, TX
3000
Ton
No Bid
No Bid
#0.4 - V Concrete Gravel (1" Concrete Rock)
Vulcan Construction Materials, LLC
San Antonio, TX
1000
Ton
35.50
35,500.00
Green Dream International, LLC
Erie, PA
1000
Ton
39.60
39,600.00
West Texas Paving, Inc
Wolfforth, TX
1000
Ton
No Bid
No Bid
#0-5 - Screenings (Crusher Fines)
West Texas Paving, Inc
Wolfforth, TX
50
Ton
12.00
60000
Green Dream International, LLC
Erie, PA
50
Ton
24.20
1,210.00
Vulcan Construction Materials, LLC
San Antonio, TX
50
Ton
35.50
1,775.00
#0-6 - Concrete Sand
Green Dream International, LLC
Erie, PA
1000
Ton
26.40
26,400.00
West Texas Paving, Inc
Wolfforth, TX
I000
Ton
No Bid
No Bid
Vulcan Construction Materials, LLC
San Antonio, TX
1000
Ton
No Bid
No Bid
00-7 - Flowable Backfill (2 Sack Concrete Blend)
Green Dream International, LLC
Erie, PA
1000
Ton
No Bid
No Bid
West Texas Paving, Inc
Wolfforth, TX
1000
Ton
No Bid
No Bid
Vulcan Construction Materials, LLC
San Antonio, TX
1000
Ton
No Bid
No Bid
#0-8 - l 3/4" Base Aggregate Flexible Base (Refer to City of
Lubbock Engineering Minimum Design Standards and
Specifications section 8.08.02)
West Texas Paving, Inc
Wolfforth, TX
100
Ton
18.00
1,800.00
Green Dream International, LLC
Erie, PA
100
Ton
31.35
3,135.00
Vulcan Construction Materials, LLC
San Antonio, TX
100
Ton
No Bid
No Bid
All or None
Green Dream International (Items 1, 2, 3, 6)
$225,225.00
West Texas Paving, Inc (Items 5 and 8)
2,400.00
Vulcan Construction Materials, LLC (Item 4)
35,500.00
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2021-821093
Green Dream International LLC
Erie, PA United States
Date Filed:
11/07/2021
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 13 14
Date Acknowledged:
Avenue K, 9th FI
3
Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 22-16221-SB
Raw Materials for Public Works Operations
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
5
Check only if there Is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is Varand Vartanian and my date of birth is
My address is 32 W. 8th St. suite no 607 Erie PA 16501 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Erie County, State of PA on the 7 day of Nov 20 21
( (month) (year)
Varand Vartanian /Presiden�
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
12021-821093
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Green Dream International LLC
Erie, PA United States
Date Filed:
11/07/2021
2 Name of governmental entity or state agency that is a party to the contract for whicffthe AVform R
being filed.
Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1314
Date Acknowledged:
Avenue K, 9th FI
01/24/2022
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 22-16221-SB
Raw Materials for Public Works Operations
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc