HomeMy WebLinkAboutResolution - 2023-R0324 - Contract 17328, With West Texas Paving 6.27.23 - 06/27/2023Resolution No. 2023-RO324
Item No. 6.13
June 27, 2023
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. 17328 for asphalt materials
used in construction and maintenance as per ITB 23-17328-SB, by and between the City of
Lubbock and West Texas Paving, Inc. of Wolfforth, TX 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 ___ June 27, 2023
AT EST:
Courtney Paz, City Wietary
APPROVED AS TO CONTENT:
4-
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
1 �
-Ili Leisure, Senior Assistant City Attorney
ccdocs/RES.ServiceContract 17328 asphalt materials
6.1.23
Resolution No. 2023-RO324
Contract 17328
City of Lubbock
Contract for
ITB 23-17328-SB
Asphalt Materials Used in Construction and Maintenance
THIS CONTRACT made and entered into this 27 day of June , 2023, by and between the
City of Lubbock ("City"), and West Texas Paving, Inc. , ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Asphalt Materials Used in
Construction and Maintenance 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 Asphalt Materials Used in Construction and Maintenance.
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 specifications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Asphalt Materials Used in
Construction and Maintenance, and more specifically referred to as Items 0-1 through 0-6 on
the bid submitted by the Contractor or in the specifications 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. This Contract will renew automatically for
the additional terms, unless either Party gives 90-day written notice to terminate the Contract.
4. 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.
5. 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.
6. A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI)
or Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor,
etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide
such documentation to the City, and at the City's sole discretion, the contractual rate may be
further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate
at the end of the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the
Director of Purchasing and Contract Management written, quarterly documentation to justify the
ongoing adjustment. If no such documentation is timely received, the rate will automatically
revert to the initial, awarded rate.
7. 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.
8. 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.
9. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall famish 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):
Commercial General Liability Requirements: $1 M occurrence / $2M aggregate (can be
combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It
is perhaps the most important of all insurance policies in a contractual relationship. It insures the
Contractor has broad liability coverage for contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising
Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one
person).
Automobile Liability Requirements: $1 M/occurrence is needed.
Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an
independent contractor with no employees and are exempt from providing Workers'
Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include
a copy of their driver's license.. Employer Liability ($1 M) is required with Workers
Compensation.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded
additional insured status on a primary and non-contributory basis on all liability policies except
professional liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-
payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
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:
a. 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;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. 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;
e. 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
1314 Avenue K, 91h Floor
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.
10. 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.
11. The City reserves the right to exercise any right or remedy 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist
organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas
Government Code, as a company known to have contracts with or provide supplies or services
to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign
terrorist organization" shall have the meaning given such term in Section 2252.151, Texas
Government Code.
17. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor
agrees to: (1) preserve all contracting information related to the contact as provided by the
records retention requirements applicable to the governmental body for the duration of the
contract; (2) promptly provide to the governmental body any contracting information related to
the contract that is in the custody or possession of the entity on request of the governmental
body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental
body all contracting information related to the contract that is in the custody or possession of the
entity; or (B) preserve the contracting information related to the contract as provided by the
records retention requirements applicable to the governmental body.
18. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a
contract that: (1) is between a governmental entity and a company with 10 or more full-time
employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the governmental entity. (b) A governmental entity may not enter into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
19. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the
duration of the contract, have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association or (2) the verification required by Section 2274.002
of the Texas Government Code does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a
value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code
Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association; and will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the
Texas Government Code does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a
value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code
Chapter 2274, it does not boycott energy companies; and will not boycott energy companies
during the term of the Agreement. This verification is not required for an agreement where a
governmental entity determines that these requirements are inconsistent with the governmental
entity's constitutional or statutory duties related to the issuance, incurrence, or management of
debt obligations or the deposit, custody, management, borrowing, or investment of funds.
20. The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
21. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of
any kind, character, type, or description, including without limiting the generality of the
foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any
person, or injury to any property, received or sustained by any person or persons or property, to
the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, related to the performance, operations or omissions
under this agreement and/or the use or occupation of city owned property. The indemnity
obligation provided herein shall survive the expiration or termination of this agreement.
22. This Contract consists of the following documents set forth herein; Invitation to Bid No. 23-
17328-SB, Specifications, and the Bid Form.
INTENTIONALLY 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
Tray Pay e, PKayor
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Courtney Paz, City Sec tary
Authorized Re&esefhtative
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Print Name
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Address
CONTENT: City, State, Zip Code
ood FrankIV, P.E., Division Director of Public Works
ffp S TO FORM:
e li Leisure, Senior Assistant City Attorney
City of Lubbock, TX
ITB 23-17328-SB
Asphalt Materials Used in Construction and Maintenance
Specifications
1. Introduction, Purpose and Intent:
The intent of this Invitation for Bid (hereinafter referred to as ITB) is to solicit qualified
vendors to enter a contract with the City of Lubbock (hereinafter referred to as the City) for
asphalt materials used in construction and maintenance of City right-of-ways and
responsibilities. The City is seeking a contract with one or more vendors. In order to secure
sufficient coverage, the City may make multiple awards, selecting multiple vendors to
provide the materials desired, if multiple awards are in the best interest of the City. A
decision to make a multiple award of the bid, however, is an option reserved by the City,
based on the needs.
2. Scope of Work
Furnish and deliver asphalt materials to the City.
3. Materials
500 Ton Asphalt Stabilized Base (Refer to City of Lubbock Engineering Minimum
Design Standards and Specifications, section 8.08.03)
3,500 Ton TxDOT HMAC Type C
3,500 Ton TxDOT HMAC Type D
2,000 Ton TxDOT HMAC Type C (To include price to deliver on -site)
2,000 Ton TxDOT HMAC Type D (To include price to deliver on -site)
500 Ton Cold Mix (TxDOT approved)
3,000 Gal. MC 30 Prime Oil (TxDOT Approved)
3,000 Gal. PG, AC-10 Tack Oil (TxDOT Approved)
4. Delivery
Asphalt materials shall be delivered to a specified destination limits commencing within
forty-eight (48) hours of an order being placed with the vendor and completed within five
(5) business days from when the order was placed.
5. Term
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. This Contract will renew
automatically for the additional terms, unless either Party gives 90-day written notice to
terminate the Contract. 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.
G. Invoicing
Invoices shall be daily and include Contract 17328, job number, day of delivery, delivery
location, delivery ticket, and sent to Department contact for each order:
Glenda Mayfield: GMayfield@mylubbock.us.
City of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid,
instructions to bidders, General Conditions of the Agreement, 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 and agrees to deliver said items at the locations and for the
prices set forth on the bid form and/or the bid table associated with this bid.
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 is by reference incorporated in this contract.
Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed
Where applicable, delivery days are: Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -
none basis for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate
coverage, the City may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of
this Bid, however, is an option reserved by the City, based on the needs of the City.
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 Bid 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 FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favored 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
interlocal 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?
The City of Lubbock
ITB 23-17328-SB
Asphalt Materials Used in Construction and Maintenance
Bid Form
West Texas Paving, Inc.
Total Cost $1,540,000.00
Location Wolfforth, TX
Quantity
Delivery
Required
Unit
Total
Days
#
Items
(+/-)
UOM
Price
Cost
ARO
#0-1
Asphalt Stabilized Base (Refer to City of
500
Ton
$125.00
$62,500.00
1
Lubbock Engineering Minimum Design
Standards and Specifications, section 8.08.03)
#0-2
TxDOT HMAC Type C
3500
Ton
$125.00
$437,500.00
1
#0-3
TxDOT HMAC Type D
3500
Ton
$125.00
$437,500.00
1
#04
TxDOT HMAC Type C (To include price to
2000
Ton
$135.00
$270,000.00
1
deliver on -site)
#0-5
TxDOT HMAC Type D (To include price to
2000
Ton
$135.00
$270,000.00
1
deliver on -site)
#0-6
Cold Mix (TxDOT approved)
500
Ton
$125.00
$62,500.00
1
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Bid
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES V 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.
ADDENDA
Bidder acknowledges receipt of addenda issued in regard to this solicitation:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
INSURANCE REQUIREMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will
be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a
valid insurance certificate to the City meeting all of the requirements defined in this bid.
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or
services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -
recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and
its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended
or debarred by a Federal agency.
TEXAS GOVERNMENT CODE SECTION 2252.152
The undersigned representative of the undersigned company or business, being an adult over the age of
eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that
the company named above is not listed on the website of the Comptroller of the State of Texas concerning the
listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further
certify that should the above -named company enter into a contract that is on said listing of companies on the
website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department.
TEXAS GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(1) 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action made for ordinary business purposes; and
(2) "Company" means an organization, association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary,
majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists
to make a profit.
This Certification is required from a Company if the Company has 10 or more full-time employees and
the contract for goods or services (which includes contracts formed through purchase orders) has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental
entity.
TEXAS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the
contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code
does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and will not discriminate during the term of the contract against a firearm entity or firearm trade
association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott
energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does
not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
boycott energy companies; and will not boycott energy companies during the term of the Agreement. This
verification is not required for an agreement where a governmental entity determines that these requirements
are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance,
incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment
of funds.
FEDERAL AND STATE SAFETY REGULATIONS
Contractor shall comply with all federal and state safety regulation including but not limited to Occupational,
Safety and Health Administration (OSHA) and the Department of Workforce Development (DWD)
regulations. This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The
preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of
Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any requests which would cause Bus to be in violation
of the FTA terms and conditions.
All Environmental Protection Agency (EPA) rules and regulations must be followed by the Contractor.
MASTER AGREEMENT
For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, United States
Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users,
as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the
21 st Century, as amended, the National Capital Transportation Act of 1969, as amended, the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, February 17, 2009, or other Federal laws that FTA
administers.
htt s:':www.transit.dot. ov: fundin 7: rantee-resources: sam le-fta-a reements/fta-grant-a reements
The Master Agreement can be found in its entirety on the City of Lubbock website www.ci.lubbock.tx.us
INCOMPLETE INFORMATION
Failure to complete or provide any of the information requested in this Request for Proposal, including
references, and/or additional information as information as indicated, may results in disqualification by
reason of "non -responsiveness".
CONTRACTOR ACKNOWLEDGEMENT
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated with the invitation to bid, and being familiar with the
conditions to be met has reviewed the above information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
• Federal and State Regulations
• Master Agreement
SUBMISSION INFORMATION
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in bid rejection.
THIS BID IS SUBMITTED BY West Texas Paving, Inc.
a
corporation organized under the laws of the State of Texas , or a partnership consisting of
or individual trading as of
the City of
Tax ID No.: 75-2028682
Address: 10104 Alcove Avenue
City: Wolfforth
M/WBE Firm:
State: Texas
Zip: 79382
Woman 1 4 1 Black American Native American
Hispanic American I V I Asian Pacific American Other (Specify)
Please complete the information below.
Date: 05-15-2023
Author
- must Sign by hand
Officer Name and Title: Marshal Jarnagin, CFO
Business Telephone Number (806) 833-2882 FAX: (806) 833-2884
E-mail Address: marshal@wtxpaving.com
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
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.
2023-1029786
West Texas Paving, Inc
Wolfforth, TX United States
Date Filed:
06/05/2023
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:
06/05/2023
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.
17328
Asphalt Materials
Nature of interest
4
Party
Name of Interested P
City, State, Count lace of business
ty, Country (P )
check applicable)
( PP )
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)
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
(Declarant)
Forms provided by Texas Ethics Commission www.etnlcs.siaie.Dt.us vCwwn v0.0.i.cti0aa46a
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:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-1029786
West Texas Paving, Inc
Wolfforth, TX United States
Date Filed:
06/05/2023
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:
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.
17328
Asphalt Materials
4
Party
Name of Interested Pa
City, State, Count lace of business
ty, Country (p )
Nature of interest
(check applicable)
Controlling I
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is Marshcd Jarna= and my date of birth is
My address is 10104 Alcove Ave Wolfforth
TX , 79382 USA
(street) (city)
(state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in lubbock County, State of TX on the 5th day of Jurie 2023
(month) (year)
2"Z
§uthorized
Signature of agent
0 contracting business entity
(Declare
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vs.5.l.alaeazca