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HomeMy WebLinkAboutResolution - 2018-R0375 - Mudco Ready Mix - 10/25/2018Resolution No. 2018-R0375 Item No. 6.6 October 25, 2018 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. 14331 for Concrete Materials as per ITB 18-14284-JM, 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 25, 2018 DANIEL M. POPE, MAYOR ATTEST: Rebcca Garza, City Secreta y APPROVED AS TO CONTENT: C.% i Jesica c chern, Assistant City anager APPROVED AS TO FORM: Ke li Leisure, Assistant City Attorney ccdocs/RES.Service Contract 14331 — Concrete Materials, MudCo Ready Mix October 1, 2018 Resolution No. 2018-RO375 City of Lubbock, TX Contract for Concrete Materials Contract 14331 THIS CONTRACT made and entered into this )5th day of nrtnher , 2018, 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: l . 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 Item two (2) on the bid submitted by the Contractor 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. 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. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. 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 ® Occurrence Products-Comp/Op AGG X ❑ W/Heavy Equipment Personal & Adv. Injury X ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) PROFESSIONAL LIABILITY ❑ General Aggregate AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos Per Occurrence $1,000,000 EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto El ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ CARGO Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs ® 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 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: f. 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; g. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; h. Provide for notice to the City at the address shown below by registered mail; i. 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; j. 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 1625 13"' Street, Room 204 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. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. SB252 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 13. HB 89 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 18- 142844M, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. Intentional Left Blank CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: 0 -d" —.'� - Reb 4cca Garza, City Secret) ecre ry APPR VED AS TO,Z'ONTENT: J ` Mike Gilliland, Director of Public Utilities A PROVED AS TO FORM: lub, m�� K lli Leisure, Assistant City Attorney CONT BY Authorized Representative Kristi E enbacher Print Name PO BOX 1453 Address Wolfforth, TX 79382 City, State, Zip Code City of Lubbock BID FORM Concrete Materials Cih, of Lubbock. TX ITB No. 18-14284-JM In compliance with the Invitation to Bid 18-14284-J,N-1. the undersigned Bidder having examined the Invitation to Bid and Specifications, and brine familiar tr ith 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 tbrm. .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 altercates 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 atcy kind. The Invitation to Bid 18-14284-Jh1 is by reference incorporated in this contract. The Bid Fomt must be completed in blue or black ink or by typewriter. ITENI QT } UNIT OF \•MEASURE DESCRIPTION' UNIT PRICE* BID EXTENDED COST Del iver• Days AROClass A Concrete (3.000 psi!28 10.0uUUU 2. 500 CY Class A Concrete %A-hh Fiber Reinforcement 5 98.00 S 49,000.00 An Class B Concrete (3.000 psii7 day) ,nu 0 Class B Concrete with Fiber ern orcernen[ S 20.500.00 Class C Concrete (3.600 psi::8 ay i Class C Concrete with Fiber 6 emrorcement S 103.00 S 20,600,00 7. 200 Cy Class E Concrete (3,000 psii_a ,n ry Class E Concrete with Fiber Rcirfrof ccracrit 9 5 TQ\10. Type 1-11 or a Type 1-II Blend Bulk - X Ground Stabilizer ( 1.5 stack) (no vast) I 1U.UV Total Cost (Items 1-10) 0700 rs �nlZg�AA� If. Is there an additional Demurrage charge after the first hour )'e- or Nu on location? $75/hour 12 What is minimum load for delivery 4 yard min. 13 Is there a charge for a split luad, forcing the driver to clean Yes r No $ and lift chute to move to a new location. S50 per additional location *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed ^*Days .After Receipt or Order (ARO) Unless otherwise specified herein, the City may award the bid either item-by—itcm or on an all -or -none basis for any item or group of items shown on the bid. Request for Resolution Date: 10/01 /18 Purchase Order Contract Public Works Contract rofessional Service Agreement Service Contract Change Order Doc No. / Contract ITB 18-14284-JM / Contract 14331 Contract Title Concrete Materials Vendors Name MudCo Ready Mix, LLC Vendors Location Lubbock, TX Assistant City Attorney Assistant City Manager Justin Pruitt Scott Snider Kelli Leisure Mark Yearwood Ryan Brooke Bill Howerton John Grace Jesica McEachern Mitch Satterwhite, First Assistant City Attorney Amy Sims, Deputy City Attorney Jeff Hartsell, Deputy City Attorney Please Return to Purchasing or Call Ext: 2171 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. 2018-407766 MUDco Ready -Mix LLC Lubbock, TX United States Date Filed: 09/25/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 10/11/2018 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. 18-14824-J M Ready mix concrete, aggregate, other misc. construction supplies 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Egenbacher, Kristi Lubbock, TX United States X Stephens, Scott Lubbock, TX United States X Gayler, Kyle Lubbock, TX United States X Etchison, Brian Lubbock, TX United States X Janes, Ralph E Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 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 I (L��:,larntl) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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: 2018-407766 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MUDco Ready -Mix LLC Lubbock, TX United States Date Filed: 09/25/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: g 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. 18-14824-JM Ready mix concrete, aggregate, other misc. construction supplies 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Egenbacher, Kristi Lubbock, TX United States X Stephens, Scott Lubbock, TX United States X Gayler, Kyle Lubbock, TX United States X Etchison, Brian Lubbock, TX United States X Janes, Ralph E Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is f�1�� LEA/ ��%► \� ��`��"� and my date of birth is My address is ✓ `�� L� P�Injcz K- �! Lvz-D-A (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) Signa of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711