HomeMy WebLinkAboutResolution - 2018-R0321 - 2018-R0321 Contract 14315 With Mudco Trucking, LLC - 09/27/2018Resolution No. 2018-IZ0321
Item No. 6.12
September 27, 2019
it1�]S()I,t71'ION
BE IT RI SOLVED 13Y T[ IE CITY COI INC IL O TI II: CITY OF LUBBOCK:
TI IA"1 the Mayor of the Cite ol* Lubbock is hereby authori/ed and directed to cxccutc For
and on behalf' of the Cite of Lubbock. Contract No. 14315 for Rau Materials for Public Works
Operations. by and bemeen the City of Lubbock and %IudCo Trucking. Inc.. of Lubbock. Texas,
and related documents. Said Contract is attached hereto and incorporated in this resolution as if
fitll,, set forth herein and shall be included in the minutes of the Cite Council.
THAT, in relcrence to this contract, the COU11c11 1111LIs that this local bidder offers the
municipality the best combination oi' c01111-a0 price and additional economic de%elopment
opportunihes loi- the municipality created b% the award of the contract to the local bidder,
includin!, the 1:1111)1t11111c11t oi' residents of the 111t1niciPill it) and increased tar- revenues to the
111tuticipali1%.
Passed by the Cite Council on September 27. 2018
DANIEL, M. POH'. WIAYOR
ATTEST:
Reb tea Garia. t} Sccretar�v- -
APPROVED AS TO C ONTHNT:
Jesiea cl:achern. Assistant Cite Manager
APPROVED AS TO FORM:
A
efli Leisure. Assistant Cily Attorney
ccducs• RES.cantracl 143 1 ? Nl udCu
09.17.1 S
Resolution No. 2018-RO321
Contract 14315
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 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) one, (2) two, (5) five, and (8) eight 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 ibllowing minimum 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 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 tl►c City. lr► the event oi'»on-appropriation oi'fuiicis 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.
18-14315-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 teens 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 NVITNES'S NVI I EREOF� the parties hereto ha\u cau,,cd this Contract Io be excculcd theda\ and
C.) r lira o 1-01) \ C « ri t I c n. f - x cc u tcd in triplicate.
CH Y 01' LUBB 'K
D,,wld M, Popc. Mawr
ATTI "ST:
teb-cc a�iat�;�
1_C i ty S cc r ItafY
AF P VEDASTocon:
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14 of F 1 44 A
Mike 6illiland, 1Ii`jblie Yorks Superintendent
A 1) 111 ASTO I Rm.
KC III I C I AS�[tiIqTlt Ot\ -1t I 01-FICk
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Authon/cd Reprcwnmti%c
Kris fiEgenbacher
Print Nallic
PO Box 1453
Address
wolfforth, TX 79382
City, slaic. Zip Code
1311) 111R\1
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Cit}' of Lubbock, TX
Purchasing and Contract Management
Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility
Pursuant to Texas Local Government Code §271 9051. in purchwAng under this title any real property. perwnal propertq that is not atiiXCLI
to n:al property. or services. il'a municipality receives one or more competitive sealed bids from a bidder whose principal place of business
is in the municipality and whose bid is within live percent of' tile lowest bid price received by the municipality kont a bidder wfio is not a
resident oftht: municipality. the municipality may enter into it contract for construction services in an :amount of less than $100.000 or it
contract for outer purchases in aui amount o1'Icss that) $500,000 with:
( I ) the lowest bidder:
('_) the bidder whose principal place of busincss is in the municipality if the go%enting bod% of the municipality determines. in
writing. that Cite local bidder offers the municipality the best combination of contricl price and additional economic development
opporttill itics tier the municipality created b% the contract a»ard. including the eruployniew of residents of the municipality and
increased tax rc%enues to the municipality.
'I his hectiou does not prohibit a i unicipalit% from rejecting all bids.
Phis section does not apply to the purchase of telecomitutnications services or information sery ices. as those terms are defined by 47 (:.S.C.
Section 15.1.
In order to receive comidcrttion. bidden must submit this allida%it to:
Marto Abare/. Director of Purchasing
And Contract Management
City ol• Lubbock
1625 1?0' Street, Room 204
Lubbock. I 79401
Comltle 1e all areas below. btcomplelc. rtJlirlurits ntgt• he r•ejec•tecl.
Local Business Name: MUDco Trucking, Lt_C
Local Address (must be within the City limit:): Physical: 404 E. Lehigh, Lubbock, TX 79403
Address of the conipany"s principal place ot'business within the United States: Physical: 404 E. Lehigh, Lubbock, TX 79403
1. I low many residents of the Cit; of Lubbock arc cniploycd at the above busincss location:' 25
?. Year \our business was established in the C'it\ of Lubbock: Originally 2015 MUDco Inc.: restructured and renamed 2018
3. For transactions (hill require sales tax. provide tits following Reveller information:
Reveller Permit Number: 32066319966
('ontpany Name and Address (as it appear. on permit):
MUDco Trucking, LLC
4021 84th Street, Suite 200 4204 106th, Lubbock, TX 79423
a. Does your business ha•c more that( one otlicc in the State of Texas? L Yes No
If Yes. identit} the otlice location considered as the point-ol sale credit for %.ties tax purposes:
Physical: 404 E. Lehigh, Lubbock. TX 79403
5. Was the local business required to pa) husines, and or real propci . ta. for the most recent la. \ car'' —3L
It'Ycs. did the local business pad art% oflhis tas to the Cit% of Lubtwck? \/ 1'cs \n
t nder penalty of penury. the undcni_ned ,talc, that the loregontg statements are true and correct It i% bather ocknowlcdgeJ that am per,on. lien,
%;urporaw+n or owty mtcntion:dly sulrnuuurg false urtLrntanon to the Cus in an ancntpl tu,lualrii lie ekLIN1115 ,hell he 11rohihded from bidding on ( 11% of
Lubbock prothwis and sere ices tiff
Authorited Signature: Date: 9/4/2018
Printed Name and Title: Kristi Egenbacher, Chief Administrative Officer
City of Lubbock, TX
Public Works Street Maintenance
Bid Tabulation
September 27, 2018
ITB I8-14267-JM
Raw Materials for Public Works Operations
Item Qly
U/M Description/Vendor
Location Unit Cost
Extended Cost
1 1,000
TN "00" Backfill Gravel
MudCo Trucking Inc
Lubbock, TX
19.00
5 19,000
Green Dream International LLC
Alexandria, VA
19.69
19,690
2 2,000
TN 1 /2 "Base Aggregate" (1 /2 Base Course Gravel)
Green Drum International LLC
Alexandria, VA
29.66
59,320
MudCo Trucking Inc
Lubbock, TX
29.94
59,880
Vulcan Construction
Lubbock, TX
32.11
64,220
3 3,000
TN 3/4 "Base Aggregate" (3/4 Base Course Gravel)
Green Dream International LLC
Alexandria, VA
26.25
78,750
MudCo Trucking Inc
Lubbock, TX
29.63
88,990
Vulcan Construction
Lubbock, TX
32.11
96,330
4 1,000
TN I "Concrete Gravel (I Concrete Rock)
Green Dream International LLC
Alexandria, VA
25.46
25,460
MudCo Trucking Inc
Lubbock, TX
28.63
28,630
Vulcan Construction
Lubbock, TX
32.11
32,110
5 10
TN 1 "Concrete Gravel (Vealmore Exposed Aggregate)
MudCo Trucking Inc
Lubbock, TX
100.63
1,006
6 50
TN Screenings (Crusher Fines)
Green Dream International LLC
Alexandria, VA
9.45
473
MudCo Trucking Inc
Lubbock, TX
24.13
1,207
Vulcan Construction
Lubbock, TX
35.87
1,794
7 1,000
TN Concrete Sand
Green Dream International LLC
Alexandria, VA
21.26
21,260
MudCo Trucking Inc
Lubbock, TX
28.06
28.060
Vulcan Construction
Lubbock, TX
32.11
32,110
8 500
TN Flowable BackGIl (2 Sack Concrete Blend)
NIudCo Trucking Inc
Lubbock, TX
17.75
8,875
Green Dream International LLC
Alexandria, VA
63.10
32,550
9 2,000
TN Coarse Aggregate (used for I IMAC and Chip Sea]) refer to City Standard Specs,
Green Dream International LLC
Alexandria, VA
27.83
55,660
Vulcan Construction
Lubbock, TX
32.11
64,220
MudCo Trucking Inc
Lubbock, TX
46.50
93,000
10 100
TN 1 3/4 Base Aggregate Flex Base
Green Dream International LLC
Alexandria, VA
18.38
1,838
MudCo Trucking Inc
Lubbock, TX
27.44
2,744
Vulcan Construction
Lubbock, TX
37.01
3,701
Item by Item
Green Dream International LLC (Items
3,4,6,7,9,10) $ 183,441
MudCo Trucking Inc (Items 1,2,5,8) 88,761
For Item 2, MudCo Trucking Inc of Lubbock, TX, bid meets the statutory requirement for consideration of
location of bidder's principal place of business because (1) their principal place of business is in the City of
Lubbock and (2) their bid is within 5% of the low bid from the non-resident bidder.
1
S'p.ti Md flee jhM•1m 2011nB 18-74:941$Rix U-bS.P.M. W,.Uld UNU-.1"$111FT RA I f•11'YNU
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos. l - 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.
2018-399826
MUDco Trucking, LLC
Lubbock, TX United States
Date Filed:
09/05/2018
2 Name of govemmental entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
09/17/2018
3 Provide the identification number used by the govemmental 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.
18-14267-JM
Raw materials for Public Works Operations
Nature of interest
4 Name of Interested Party
City,State, Country (place of business)
(check applicable)
Controlling
Intermediary
Egenbacher, KdSti
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 IV, Ralph
Lubbock, TX United States
X
5 Check only if there is NO Interested Panty.
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
(Dccla�r,l)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
t if i
Coiriplrat- Nws, ! 4 and 6 If rlure arr, iriloro-,ied lmrfir .
L'ulnpletr: IVus. 1, LL 1 5, aril f, it thhil: aro no Werested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certiflcaw Number:
1 Name of business entity filing form, and the city, state and Gauntry of the business entity's place
of business.
2018-39W26
MUDca i tmking, LLC
I ubbock, TX United Status
bate Filed:
D4�CJ�201�'
2 Name of governmental entity or state agency that Is a party to the
contract for which [lie form is
being filed.
City of LLlbboCk
bate Acknowledged:
3 Provide the Identification number used by the gave rrimental entity or state agency to Irack or identify the contract. and provide a
description of [he services, goods, ur Other property to be provided under the contract.
18-14267-JM
Raw materials for Public Works Operatioris
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Conliolhng
Intermediary
Egenbacher, Kristi
LLibhack, 1X United States
x
Stephens, SCOtt
Lubhuck TX United States
X
Gayler, Kyle
I lihbock, IX t1rlWd States
X
Etchisun, Brian
Lubhuck, TX United States
x
James IV, Ralph
Lubbock, i X Uniled States
x
5 Clteck only if there is NO Interested Party. ❑
G LINSWORN DECLARATION
,•y rr�irii� 5
2nC my date: Of h3rlfi
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L..� ykk7 Gl� r x 7�t�1 �7 sit
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Fxet'rllr:d In _ �.�h G �� County.
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Stale of O s G;l ihfr day of�20
ROSIN HAMILTON
' 4+ NOTARY PUSUC-STATE OF TEXAS
[nionthj (year]
'' ` '• COMM. EXP 08-11-2D19
t N®tANY 19 994sid-i
OWN www"
Signature of authal n li l]EI i nl ;:nrltr.11.:iriy li.s ,ill: , I i,tln
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f orals piovuled by Texas Ethics CnmrniSsiori vv: nr.'.ethics.stat e.tx.Ii s Version V1.0.67i1
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