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Home My WebLink AboutResolution - 2019-R0287 - Mudco Trucking - 08/27/2019 Resolution No. 2019-RO287 Item No. 6.11 August 27, 2019 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, Public Works Contract No. 14869 for Raw Materials as per ITB 18-14267-JM, by and between the City of Lubbock and MudCo Trucking, Inc., 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 August 27, 2019 DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Secreta APPROVED AS TO CONTENT: Jesica McEachern, Assistant City Mana r APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney cedocs/RES.Contract 14869—Raw Materials August 14,2019 Resolution No. 2019-RO287 Contract 14869 City of Lubbock, TX Contract for Raw Materials THIS CONTRACT made and entered into this 2Mday of Angst , 2019, by and between the City of Lubbock("City"), and MudCo Trucking, Inc. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids Raw Materials for Public Works Operations and bids were received and duly opened as required by law. 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 general conditions 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 referred to as Items 1 through 8 and 10 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 Contractor shall perform the work according to the procedures outlined in the Bid Form General Conditions, and Specifications attached hereto. The contract shall be for a term of one year with the option of three, one year extensions said date of term beginning upon formal approval.The City of Lubbock does not guarantee any specific amount of compensation,volume, minimum, or maximum amount of services under this proposal and resulting contract. 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. The rates may be adjusted upward or downward at that time at a percentage not to exceed the effective change in the Consumer Price Index(CPI) for the previous 12 months. The effective change rate shall be based on the index average rate for all items. 4. This contract shall remain in effect until the expiration date,performance of services ordered, or termination of by either party with a 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. 6. 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 51,000,000 General Aggregate Pollution Liability General Aggregate $1,000,000 Automotive Liability Combined Single Limit $1,000,000 Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non-Contributory basis on Auto/General Liability,with a waiver of subrogation in favor of the City of Lubbock on all coverages. Copies of all endorsements are required. 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. 7. 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 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. 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 thirty(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. This Contract consists of the following documents set forth herein; Invitation to Bid No. 18-14267-JM, and the Bid Form. 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. HB 793 Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that ether(i) it meets an exemption criteria under Section 2270.002; or(ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 15. 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. Intentional 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 LUBBOCK CONTRACTOR BY AIZ Daniel M. Pope, Mayor Authorized Representative ATTEST: Print Name cQVX" J\/�7 fb Re cca Garza, City Secr tary Address APPROVED AS TO CONTEN City, State, Zip Code Mike Gilliland, Public Works Superintendent APP VED AS TO FORM: Kell Leisure, Assistant City Attorney 1 I I a 1 I .1!iEli .rad 00'J7 s •s;!hill �I!;)Jo ap!s;:no sua!}Ya!)sali and )soy S.la:>,lia(I '[t {O?! '}Japa[�ao}dta:ra�j.ta>IN s+L(}r; Immliv put:pil;�i:�.l.l }q�!aa_) uoilsuiis:�a311'C)':1 =:•1:)1?1d.• ---�-Pr�c�- SII (01'C stUaaC)}s4.�It:tof, (f 00'Z6Z`8EZ 1.0\'T 71:41 Al ill SlV12i:1 t1 U 9'17:1.)321 ato.L()\()C) A-SW1'1d 00'�trLz� ; trfr'L�S NI 001 '01 i I nnnclr,'(� t n t of Jaj;<j(1['aS dlq.7 out!')m'tl JU1 posn) asJso;) Nl 000"t '6 00'SL9'8S _ 9L'LIS� _ (pua;g alaJauo.) ! put!$,l�a�uo� \_L 0001._ L_ 05'90Z'GS � EG''�ZS (cauij Ja11snJ,))s1Bu1uaaJ35. 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Pug P!jj 61 UQile}I SIq ail pausulg\a i7liFA1?q.J0i1p1� p2nfalsJ�pun ail `IEVt'=L9i�t-8t 1?'.8 0} uots ns- a ij q)i:K 22U�i(d1liQ., u) IkI'-119Z1:T-81 'u4-till X.L njo:ggrvjjci 'ilia su injado s`[1 h1 atl�i?�tt:-ia NTHO I QIff 698i7I M-4uoo CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 11 2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Narne of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-530983 MUDco Trucking, LLC Lubbock, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/20/2019 being filed. City of Lubbock Date Acknowledged: 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. 19-14267-JM Raw Materials for Public Works Operations 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Janes IV, Ralph Lubbock, TX United States X Etchison, Brian Lubbock, TX United States X Gayler, Kyle Lubbock, TX United States X Stephens, Scott Lubbock, TX United States X Egenbacher, Kristi Lubbock,TX United States X 5 Check only if there is NO Interested Party. El 6 UNSWORN DECLARATION My name is �l5� �.�� `'' \� and my date of birth is ' vG My address is t t/ �� "1S 1 ` �x l.t . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. c 4c.__. i S Executed in t: County, State of .� t `�'� � —on the day of i' 2011,` ,. (rnA) (year) JULIE WILLIAMS Notary Public, State of Texas .'� Comm. Expires 09-10-2022 Signature of authorized agent of contracting business entity I (Declarant) Forms r vvw.ethics.state.tx.us Version V1.1.39f8039c 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-530983 MUDco Trucking, LLC Lubbock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/20/2019 being filed. City of Lubbock Date Acknowledged: 08/21/2019 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. 19-14267-JM Raw Materials for Public Works Operations 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Janes IV, Ralph Lubbock,TX United States X Etchison, Brian Lubbock,TX United States X Gayler, Kyle Lubbock,TX United States X Stephens,Scott Lubbock,TX United States X Egenbacher, Kristi 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 ,26 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c