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HomeMy WebLinkAboutResolution - 2012-R0039 - Contract - Heartland Asphalt Materials Inc.- Liquid Asphalt Materials - 01_26_2012Resolution No. 2012-R0039 January 26, 2012 Item No. 5.11 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. 10494-1 for liquid asphalt materials, by and between the City of Lubbock and Heartland Asphalt Materials, Inc. of Hurst, 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 January 26, 2012 TOM MARTIN, MAYOR ATTEST: -�Q' '0 0 �Q --,e- - V- - Rebecc Garza, City Secretary ('� APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operatin 1 Officer AS TO FORM: Weaver, Assistant City Attorney vw:ccdocs/RFS.Contract-Heartland Asphalt January 6, 2012 Resolution No. 2012-R0039 CONTRACT NO.10494-1 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES FOR LIQUID ASPHALT MATERIALS THIS CONTRACT, made and entered into this 26`h day of January, 2012, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Heartland Asphalt Materials, Incorporated ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Liquid 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 authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Liquid 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: 1. In accordance with City's general conditions and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Liquid Asphalt Materials, and more specifically referred to as item(s) 1-9 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The Contractor shall perform the work according to the procedures outlined in the Bid Form and General Conditions 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. 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. b. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability $100,000 Automotive Liability Combined Single Limit $100,000 Any Auto Workers Compensation $500,000 The City of Lubbock shall be named as primary additional insured on a primary and Non -Contributory basis on General Liability, 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. 7. 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. 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. 12- 10494-CI, General Conditions, 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: C Tom N6vtin, Mayor ATTEST: Reber Garza, City Secreta APPROVED AS TO CONTENT: M" za_ L j Marsha Reed, P.E., Chief Operating Officer APPRO AS TO FORM: Assistant City Attorney CONTRACTOR: BY�� �' 40 Authorized Representative's Signature Print Name Address City, State, 'Lip Code ITn 12-104%-CI, Liquid Asphalt Mammas Resolution No. 2012-R0029 City of Lubbock, Texas Purchasing and Contract Management BID FORM In compliance with the Invitation to Bid 12-10494-C1, 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 furnishing 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. 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 12-10494-CI is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. QTY UNIT OF UNIT PRICE* Extended Delivery Days ITEM (+/-) MEASURE DESCRIPTION BID Cost ARO* $ I, 3000 GAL TxDOT AEP Prime Oil $3 �l Y 2. 30W GAL TxDOT CSS-IH Tack Oil07 3. 3000 GAL TxDOT CRS-2 S ,v S fig 4. 3000 GAL TxDOT CRS-2P r Du 5. 3000 GAL TxDOT CRS- I P Olt S L�6 6. 3000 GAL TxDOT AC- 10XP S 3* aI S�/;0 7. 3000 GAL TxDOT AC-15XP S o f ° C7� O o- S 9 30 J Da 8. 3000 GAL TxDOT AC -I SP S �! ( r $ q � - 01" 1 D 9. 3000 GAL TxDOT AC-20XP S 3 o � s 9 ZOO r �� 10. 3000 GAL TxDOT CHFRS-2P S/Va 8 $JJ/U 6 fr 1 �Q •PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item-by-witem or on an all-0r-none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for Liquid Asphalt Materials with one or more contractors. Materials on this contract will be on an "as needed" basis. ITB 12-10444fi1, Ligwd Asplgdl %%tcnals PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Sid 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 interlocai 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? Other governmental entities that might have interests in this contract am Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Amoclation of Governments, City of Texarkana, Texas Tech University, West Texas Municipal (Power Agency, Lynn County, and City of WolRorth. 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. ITB 12-10494-Cl. I igWd Asphalt Maurials THIS BID IS SUBMITTED BY fl"a a corporation organized under the laws of the State of 7"e�f�1 S , or a partnership consisting of or an individual trading as of the City of o[l1t Firm: hftllf 4Ad AS dlt- !natter+acts 860 west Airv& t krue4o0 city: Ht,rst --State. TX zip 76or ~ 3-26� Bidder acknowledges receipt of the following addenda: Addenda No. Addenda No. Addenda No. Addenda No. "BE Firm: Date Date Date Date Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) ojlc'_S_' " q ~ 2,0/ R Authorized Representative - must sign by hand ll Officer Name and Title: Cn� &A"O^ /'IGGOwh'f /*774tn*tq _,*- Please Print Business Telephone Number 6 ` r ` ��� l FAX: 8 0 $ ^ E-Mail Address: Q C�• nll h e �l►L �" h Q.Q.r '�` [4J7 (� Fes, s%i� a-�e r Ce, is . c 0/!1 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finmllnd'vidual: Date of Award by City Council (for bids over S25,000): Date P.0JContract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.