HomeMy WebLinkAboutResolution - 2016-R0114 - Pavement Restoration - 03/24/2016Resolution No.2016-R0114
Item No.6.13
March 24.2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT City of Lubbock Sole Source/Contract No. 12715 is awarded to Pavement
Restoration,Inc.of Boerne.Texas,for the 2016 asphalt rejuvenation program,and further
THAT the Mayor of the City of Lubbock is authorized and directed to execute,for and on behalf
of the City of Lubbock, the contract for said activities attached hereto and incorporated herein,
and related documents.
Passed by the City Council on March 24.2016
GLEN C<R6BEfefSON,MAYOR
ATTEST:
^^J^fJ^jLt ^
Rebeica Garza,City Secretary
APPROVED AS TO CONTENT:
S/cityatt\CCDOCS\RISS.Contract 12715-Pavement Restoration.2016.doc
Resolution No. 2016-RO114
City of Lubbock, TX
Asphalt Rejuvenation Program
STATE OF TEXAS
COUNTY OF LUBBOCK
Contract 12715
This contract, (the "Contract"), effective as of the 24'h day of March. 2016, (the "Effective
Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and
Pavement Restoration. Inc. ("CONTRACTOR") of Boerne, Texas.
WITNESSETH
WHEREAS, the City desires to obtain an Asphalt Reiuvenation Program in Lubbock,
Texas; and
WHEREAS, CONTRACTOR has a professional experienced staff and is qualified to
provide Asphalt Rejuvenation Program; and
WHEREAS, the City desires to contract with CONTRACTOR to provide an Asphalt
Reiuvenation Program in Lubbock. Texas.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set
forth in this Contract, the City and CONTRACTOR hereby agree as follows:
ARTICLE I. TERM
The contract shall be for a term of one year, the term of this Contract commences on a date
to be specified for each year in a written "Notice to Proceed" of the Owner. The Contractor is to
substantially complete the project within 120 calendar days and the liquidated damages amount is
$1,204.28 each calendar day thereafter as stipulated in the specifications and other contract
documents.
ARTICLE II. COMPENSATION
CONTRACTOR shall be compensated by the City $1.15 (One Dollar and Fifteen Cents)
per square yard. Estimated quantity ofReclamite Preservative Seal to be applied under this contract
per year is 956,285 square yards for a total contract price not to exceed S 1,100,000 (One Million
One Hundred Thousand Dollars). Contractor shall submit a monthly request for payment to the
Owner's Representative for approval. The Owner shall pay the Contractor on or before the
fifteenth day of the current month the total amount of the Owner's Representative's Certificate of
Partial
Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and
further, less all previous payments and all further sums that may be retained by Owner under the
terms of the contract documents.
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, for any reason, upon 30 days written notice
to CONTRACTOR.
B. Termination and Remedies. In the event CONTRACTOR breaches any term and/or
provision of this Contract the City shall be entitled to exercise any right or remedy available to it
at law or equity, including without limitation, termination of this Contract and assertion of action
for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any other right or remedy and all other rights and remedies
shall be cumulative. City or CONTRACTOR may, in its sole discretion, terminate this Agreement
at any time, with or without cause upon 30 days written notice.
ARTICLE IV. REPRESENTATIONS AND WARRANTIES
A. Existence. CONTRACTOR is a corporation duly organized, validly existing, and in
good standing under the laws of the State of Texas and is qualified to carry on its business in the
State of Texas.
B. Corporate Power. CONTRACTOR has the corporate power to enter into and perform
this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action
on the part of CONTRACTOR. This Contract constitutes legal, valid, and binding obligations of
the CONTRACTOR and is enforceable in accordance with the terms therof.
D. CONTRACTOR. CONTRACTOR maintains a professional staff and employs, as
needed, other qualified specialists experienced in providing Asphalt Rejuvenation Program, and
are familiar with all laws, rules, and regulations, both state and federal, including, without
limitation the applicable laws, regarding the activities contemplated hereby.
E. Performance. CONTRACTOR will and shall conduct all activities contemplated by this
Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations,
both state and federal, relating to predictive maintenance services, as contemplated hereby. If any
of the activities of CONTRACTOR, or omissions of the activities required herein, shall cause, in
whole or in part, liability or loss on the part of the City, it shall be deemed that CONTRACTOR
did not perform said activities (or omitted the performance of said activities) in a good and
workmanlike manner.
F. Use of Copyrighted Material. CONTRACTOR warrants that any materials provided by
CONTRACTOR for use by City pursuant to this Contract shall not contain any proprietary
material owned by any other party that is protected under the Copyright Act or any other similar
law. CONTRACTOR shall be solely responsible for ensuring that any materials provided by
CONTRACTOR pursuant to this Contract satisfy this requirement and CONTRACTOR agrees to
hold City harmless from all liability or loss to which City is exposed on account of
CONTRACTOR's failure to perform this duty.
ARTICLE V. SCOPE OF WORK
CONTRACTOR shall accomplish the following:
The contractor shall furnish all labor, material, and equipment necessary to perform all
operations for the application of an asphalt rejuvenating agent to asphaltic surfaces at various
locations. All Traffic Control shall conform to the Texas Manual on Uniform Traffic Control
Devices in accordance with the City of Lubbock Public Works Engineering Standard Paving
Specifications, Section 10.1, BARRICADES. A map of streets selected for application, labelled
ATTACHMENT A, is hereto attached and incorporated by reference.
The contractor shall be responsible for sweeping and cleaning of the streets prior to, and after
treatment when required. Prior to treatment, the street will be cleaned of all debris (dirt, leaves,
foreign materials, etc.) This work shall be accomplished by brooming, power blowing, or other
approved methods. All sand used during the treatment must be removed no later than 48 hours
after treatment of the street. This shall be accomplished by mechanical sweeping. All turnouts,
cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Street Superintendent.
If the cleanup process falls behind or the cleanup is not satisfactory to the Street Superintendent
the application process will be halted until the sweeping crew has caught up, or until the street
and surrounding right of way has been cleaned. Street sweeping and clean up shall be included
in the price per square yard for the asphalt -rejuvenating agent.
The asphalt -rejuvenating agent shall be applied by a distributor truck at the temperature
recommended by the manufacturer and at the pressure required for the proper distribution. The
emulsion shall be applied so that uniform distribution is obtained at all points of the areas treated.
Areas inadvertently missed shall receive additional treatment. Application of asphalt
rejuvenating agent shall be on one-half width of the pavement at a time. When the second half
of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the
previous application by at least one-half the width of the nozzle spray. In any event the centerline
construction joint of the pavement shall be treated in both application passes of the distributor
truck. The asphalt -rejuvenating agent shall be blended with water at the rate of two (2) parts
rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer. The
combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to
0.10 gallons per square yard, or as approved by the Street Superintendent following field testing.
After the street has been treated, the area within one foot of the curb line on both sides of the
road shall receive an additional treatment of the asphalt rejuvenating agent. The treatment shall
be uniformly applied by a method acceptable to the Street Superintendent. After the rejuvenating
agent has penetrated the surface, a coating of dry sand shall be applied to the surface to protect
the traveling public.
The asphalt -rejuvenating agent shall not be placed when the ambient temperature is below
40 degrees F as determined by the National Weather Service continuous broadcast, 748-1071
selection 2. The asphalt -rejuvenating agent shall be applied only when the existing surface to be
treated is thoroughly dry and when it is not threatening to rain.
ARTICLE VI. INDEPENDENT CONTRACTOR STATUS
CONTRACTOR and City agree that CONTRACTOR shall perform the duties under this
Contract as an independent contractor. CONTRACTOR has the sole discretion to determine the
manner in which the services are to be performed.
ARTICLE VII. INSURANCE
A. General. CONTRACTOR shall procure and carry, at its sole cost and expense through
the life of this Contract insurance protection hereinafter specified, in form and substance
satisfactory to the City. City must approve all policies prior to the commencement of any activities
whether performed by CONTRACTOR, subcontractor, agents, or third parties. The insurance
carrier must be an insurance company authorized to transact business in the State of Texas and
have a Best's Financial rating of "A" or better. A Certificate of Insurance specifying each and all
coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be
prepared and executed by the insurance company or its authorized agents and shall contain an
endorsement naming the City of Lubbock as additional insured on Auto/General Liability on
a primary and non-contributory basis to include products of complete operations
endorsement. All insurance shall provide a waiver of subrogation in favor of the City of
Lubbock. Written notice of cancellation or any material change will be provided thirty (30) days
in advance of cancellation or change.
B. Required Coverage. CONTRACTOR shall obtain and maintain policies of insurance
throughout the Contract term in limits specified below.
1. Worker's Compensation. CONTRACTOR shall maintain Workers' Compensation
and Employer's Liability insurance coverage as required by statute: at a minimum
$1,000,000.
2. Commercial General Liability. CONTRACTOR shall maintain Commercial
General Liability coverage endorsed to include Products and Completed Operations
AGG., Contractual Liability, Personal & Advertising Injury and Heavy Equipment.
The policy shall have a minimum of $1,000,000 combined single limit in the
aggregate and per occurrence.
Commercial Automobile Liability. CONTRACTOR shall maintain Commercial
Automobile Liability coverage with a minimum of $1,000,000 combined single for
Bodily injury and Property Damage and shall include any auto or in the alternative,
owned autos, non -owned autos and hired autos.
C. Subcontractors. CONTRACTOR shall require each subcontractor with whom it
contracts to provide activities as contemplated by this Contract, to obtain proof of
insurance coverage as set forth herein, and to provide to CONTRACTOR, prior to such
person performing any such activities, a Certificate of Insurance establishing such
coverage.
ARTICLE VIII. EMPLOYMENT OF AGENTS
CONTRACTOR may employ or retain agents, consultants, contractors, or third parties, to
perform certain duties of CONTRACTOR under this Contract provided that CONTRACTOR is
in no event relieved of any obligation under this Contract. Any such agents, contractors, or third
parties retained and/or employed by CONTRACTOR shall be required to carry, for the protection
and benefit of the City and CONTRACTOR and naming said third parties as additional insureds,
insurance as described above in this Contract.
ARTICLE IX. CONFIDENTIALITY
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.
ARTICLE X. INDEMNITY
CONTRACTOR shall indemnify and save harmless the City of Lubbock and its officers,
agents. and employees from all suits, actions, losses, damages, claims, or liability of any character,
type, or description, including without limiting the generality of the foregoing all expenses of
litigation, court costs, and attorneys fees for injury or death to any person, or injury to any
property, received or sustained by any person or persons or property, arising out of, or occasioned
by, the acts of CONTRACTOR, its agents or employees, in the execution of this Contract.
ARTICLE XI. COMPLIANCE WITH APPLICABLE LAWS
CONTRACTOR shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities under this
Contract, and any amendments thereto.
ARTICLE XII. NON -ARBITRATION
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.
ARTICLE XIII. NON -APPROPRIATION
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 nonappropriation 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.
ARTICLE XIV. NOTICE
A. General. Whenever notice from CONTRACTOR to City or City to CONTRACTOR is
required or permitted by this Contract and no other method of notice is provided, such notice shall
be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or
other reasonable means (in which case such notice shall be effective upon delivery). or (3) by
depositing the written notice in the United States mail, properly addressed to the other party at the
address provided in this article, registered or certified mail, return receipt requested, in which case
such notice shall be effective on the third business day after such notice is so deposited.
B. CONTRACTOR's Address. CONTRACTOR's address and numbers for the purposes
of notice are:
Pavement Restoration, Inc.
Attn: Robert Wiggins - President
P.O. Box 1532
Boerne, Texas 78006
Telephone: (813) 323-2710
Facsimile: (830) 336-3484
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: Mike Gilliland — Public Works Superintendent
P. O. Box 2000
Lubbock. Texas 79457
Telephone: (806) 775 - 2600
Facsimile: (806) 775 - 2744
D. Change of Address. Either party may change its address or numbers for purposes of
notice by giving written notice to the other party, referring specifically to this Contract, and setting
forth such new address or numbers. The address or numbers shall become effective on the 15th
day after such notice is effective.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall
not be given any effect in construing this Contract.
B. Audit. CONTRACTOR shall provide access to its corporate books and records to the
City. The City may audit, at its expense and during normal business hours, CONTRACTOR's
books and records with respect to this Contract between CONTRACTOR and City.
C. Records. CONTRACTOR shall maintain records that are necessary to substantiate the
services provided by CONTRACTOR
D. Assignability. 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.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City,
CONTRACTOR, and their respective successors, legal representatives, and assigns.
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE
PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE
JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF
LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR
RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED
HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective
by any court of competent Jurisdiction with respect to any person or circumstances, the remainder
of this Contract and the application of such provision to persons and/or circumstances other than
those with respect to which it is held invalid or ineffective shall not be affected.thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Contract
shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent
to this Contract, and duly executed by CONTRACTOR and City.
I. House Bill 2015. House Bill 2015, signed by the Governor on June 14, 2013 and
effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for
certain services with a governmental entity and who fails to properly classify their workers. This
applies to subcontractors as well. Contractors and subcontractors who fail to properly classify
individuals performing work under a governmental contract will be penalized $200 for each
individual that has been misclassified (Texas Government Code Section 2155.001).
J. Bonds. The Contractor is required to fumish a performance bond in accordance with
Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event
that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond
in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract
price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms
supplied by the Owner, and executed by an approved Surety Company authorized to do business
in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds
are so furnished.
K. Entire Agreement. This Contract contains the Entire Contract between the City and
CONTRACTOR, and there are no other written or oral promises, conditions, warranties, or
representations relating to or affecting the matters contemplated herein.
EXECUTED as of the Effective Date hereof.
CONTRACTOR: Pavement Restoration Inc.
(OWNER):
By: aMT f �telri 1 v1
PRINI'EI�LNA IE:
TITLE: p`D(
COMPLETE ADDRESS:
Company —YWp(�+/£ MiM 1 25�;-Mepmo n
State of Texas
County of Kendall
This statement was edmowiedged before me
TX
9;..THERESA PECK
•': Notary Public, State of Texas
F My Commission Expires
September 18, 2018
CITY OF LUBBOCK, TEXAS
By:
Glen . Robertson, Mayor
ATTEST
Rebekca Garza, City Secret/
AP Pt"4c),va,
D S TO CO E
e Gilliland, Public Works
Superintendent
Works
Director of Public
ATTACHMENT A
6I1 of,
*lubbock
Iy I E X A S
2o16 Rejuvenator:
Contract Year
2016
CERTIFICATE OF INTERESTED PARTIES
FORM 3.295
loft
Complete Nos. 1.4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-24191
Date Filed:
03/09/2016
Date Acknowledged:
03/14/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Pavement Restoration inc
Boerne, TX United States
2 Name of governmental entity or state agency that is a parry to the contract for which the form is
being filed.
City of Lubbock
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 goods or services to be provided under the contract.
12715
ASPHALT REJUVENATION PROGRAM
4
m
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
WIGGINS, robert
BOERNE, TX United States
X
5
Check only if there is NO Interested Parry.
❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.ocus Version V1.0.312
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