HomeMy WebLinkAboutResolution - 2018-R0320 - 2018-R0320 Contract 14267 With Green Dream International, LLC - 09/27/2018Resolution No. 2018-RO320
Item No. 6.12
September 27, 2018
RESC]LIJTIUN
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 behall' of the City cif' LLibbock, Contract No. 14267 as per ITB 18-14267-JM f'or Raw
Materials for Public Works Operation, by and between the City of Lubbock and Breen ❑ream
International, LLC:, of Alexandria, Virginia, 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 September 27, 2018
DANIII. M. POP., MAYOR
ATTEST:
f'), �X , -
Re tca Garza, City Secreta y
APPROVED AS TO CONTENT:
;esic1aMcE'aehcfrn,Assistant City Manager
APPROVED AS TO FORM:
K Ili LC]SUre. Assistant City Attorney
ccdocs/P,ES.Public Works CONTRACT 14267 - Raw Materials for Public Works Operations
September 17, 2018
Resolution No. 2018-R0320
Contract 14267
City of Lubbock, TX
Contract for
Raw Materials for Public Works Operations
THIS CONTRACT made and entered into this 27th day of September , 2018, by and between the
City of Lubbock ("City"), and Green Dream International LLC, ("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 (3) three, (4) four, (6) six, (7)seven,(9) nine,
and (10) ten 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 four, 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 rninirrlum limits of liability:
TYPE AMOUNT
General Liability
Commercial General Liability $1,000,000
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 tenor 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
,ippropriatic�n for this hurposc. by the ('i'y. In the event oi.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 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.
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 WMESS WHEREOF, the parties hereto have caused this Contract to he executed the day and
year first above written. Executed in triplicate.
CITY OF LUB CK
_I_
Daniel M. Pope. 'Vf4or
ATTEST:
Re le ca Garza, City Secrcta
APPR VED AS TO CC]T(i
ENT:
J -,
Mike illiland, Public Works Superintendent
APPR 1IED AS rO FORM:
Kelii Leisure, Assistant City Attorney
CON ACTOR
BY
Authorized Representative
Emad Windi -CEO
Print Name
Address I
6_�// -e / PO
City, State, Zip dode
BID FORM
Raw Materials for Public Works Operations
City of Lubbock, TX
ITB No.18-14267-JM
in compliance with the Imitation to Bid 18-142674M. 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. delivery and everything necessary for providing the items listed below and agrees to deliver said items at the
locations and far 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 arc obviously unbalanced (either in excess of or below reasonably expected-vilues), or irregularities of any kind. The
Invitation to Bid 18-14267-JM is by reference incorporated in this contract. The Bid Form must be completed in blue or black
9..1, - I... ,.-h-
QTY
UNIT OF
UNIT PRICE*
EXTENDED
Delivery
Days
ITEM
+I.
MEASURE
DESCRIPTION
BID
COST
ARO**
I. ---
- I I>ll0 -
- _ _ TN
----
"00"-BackfiII Gravc!
--------------------
----519.69-----
--519,�9(1:00----
30ays
2.
200o
TN
'/2" Base Aggregate (16" Base'
----
-----------------
-CotusaGMVIc-----------
----52466----
--$59,320.60---
3-Days-
3.
3000
TN
'/," Base Aggregate (%" Base
78, 750.00
Course Gravel)
$2625
- 578;7M.4X1- -
3 Days
4.
low
TN
1" Concrete gravel (1"
Concrete Rock)
$25.46
$25,460.00
3 Days
5.
10
TN
I" Concrete Gravel (Vealtnore
Exposed Aggregate)
No Bid
6.
50
TN
Screenings (Crusher Fines)
$9.45
$472.50
1 Days
7.
1000
TN
Concrete Sand
$21.26
$21,260.00
3 Days
8_
Soo
Flowablc Backrill 2 Sack
_ _ _
- -
- - - -TN -
-----------......................................
Concrete Blend)
$65.10
$32,550.00
3 Days
9.
2000
TN
Coarsc Aggregate (used for
HMAC and Chip Scal) refer to
$27.83
$55,660.00
3 Days
City Standard Specs.
10.
100
TN
1 %" Base Aggregate Flex Base
E18.38
$1,838.00
1 Days
PLEASE DO NOT BID
RECYCLED MATERIALS
THEY WILL NOT BE
ACCEPTABLE
Total Can (ltenn t-1o)
$183,441.00
S it95,000.30-
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed *•Days After Receipt of Order (ARO)
11. Delivery cost for destinations outside of City limits. S 21 per
mile
Request for Resolution
Date: 9/13/18
Purchase Order Contract
Public Works Contract
Professional Service Agreement
Service Contract
Change Order
Doc No.1 Contract
ITB 18-14267-JM 1 Contract 14267
Contract Title
Raw Materials for Public Works Operations
Vendors Name
Green Dream International, LLC
Vendors Location
Alexandria, VA
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 ❑i 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.
2018-397681
Green Dream International LLC
Alexandria, VA United States
Date Filed:
0812912018
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 Purchasing & Contract Management
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify
description of the services, goods, or other property to be provided under the contract.
the contract, and provide a
18-14267-JM
Raw Materials for Public Works Operations
n
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. ❑
6 UNSWORN DECLARATION
My name is Varand Vartaniali and my dale of birth is
My address is 2331 Mill Rd, Suite 100 Alexandria VA
22314 2018
(Street) (C(ty) (state) (zip code) (counvy)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Fairfax County, State of VA on the
5 day of September 20 18 .
t (month) {year]
F
Varand Vartanian /President
�
Signature of authorized agent of contr c usiness entity
(Dedarani)
Forms provided by Texas Ethics Commission www.ethics. state.tx,us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos. i - 4 and 6 if there are interested parries.
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.
2018-397681
Green Dream Intemational LLC
Alexandria, VA United States
Date Filed:
08/29/2018
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 Purchasing & Contract Management
Date Acknowledged:
09/17/2018
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.
18-14267-JM
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)
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
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711