HomeMy WebLinkAboutResolution - 2016-R0176 - R.E. Janes Gravel - 05/26/2016Resolution No.2016-R0176
Item No.5.12
May 26,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT City of Lubbock Invitation to Bid No.ITB 16-12795-1T /Contract 12860 is
awarded to R. E.Janes Gravel Co.,for Sand,Rock and Gravel Materials,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,a contract for said activities with R.E.Janes Gravel Co..consistent with the terms of
the bid submittal attached hereto and incorporated herein,in a form acceptable to the City
Attorney,and related documents.
Passed by the City Council on _ May 26. 2016 .
U-4^
DANIEL M.POPE,MAYOR
ATTEST:
RebeJca Garza.City Seza,C it>'Secretary
APPROVED AS TO CONTENT:
<v*>?^2
L.Wood Franklin.P.E..Director of Public Works
APPROVED
JohnC.j^raee,Assistant City Attorney
S:\^i/yatt\pITYATT\JOHN\Public Works\RHS.Conlractl2860-REJanesGfavel.20I6.doc
Resolution No. 2016-RO176
City of Lubbock, TX
Contract for
Sand, Rock, and Gravel Materials
Contract 12860
THIS CONTRACT made and entered into this 26" day of May, 2016, by and between the City of
Lubbock ("City"), and R.E. Janes Gravel Co. ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Sand, Rock, and Gravel Materials
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 secondary contract with said Contractor covering
the purchase and delivery of the said Sand, Rock, and Gravel Materials.
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:
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, Sand, Rock, and Gravel
Materials and more specifically referred to as Items 1 through 10 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 year, with the option of four, one year extensions, said
date of term beginning upon formal approval. 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.
4. 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. 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.
6. 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.
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.
10. 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.
11. 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.
12. 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.
13. This Contract consists of the following documents set forth herein; Invitation to Bid No. 16-
12795-TF, Specifications, and the Bid Form.
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
DANIEL M. POPE, MAYOR
ATTEST:
p d."� A- __�
Rebecta Garza. City Secreta
APPR VED AS TO COIvT j
ike Gilliland, ( ✓)
Public Works Superintendent
CONTRACTOR
BY C : 744 . All Ull-)
Authorized ed Representative
Print Name
70-��(O iO
Address /
City, State, Zip Code
REVISED
BID FORM
Sand, Rock, and Gravel Materials
City of Lubbock, TX
ITB No. 16-12795-TF
In compliance with the Invitntion to Bid 16-12795-TF, 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 and everything necessary for providing the
items listed for 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 are obviously unbalanced (either in excess of or
below reasonably expected values). or irregularities of any kind. The Invitation to Bid 16-12795-TF is by
reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by
typewriter.
MATERIALS ONLY
ITEM
QTY
UNIT OF
DESCRIPTION
UNIT
EXTENDED
(+�-)
MEASURE
BIDE
COST
I .
6.500
TN
"00" Backfill Gravel
T le-J e
^ T!� -7Z 5
2.
500
TN
/d' Base Aggregate ('/i' Base Course Gravel
15. Z5
7 co25
3.
600
TN
1,4" Base Aggregate (3/4" Base Course Gravel)
15 Z 5
I)t 5 D
4.
300
TN
I" Concrete gravel (I" Concrete Rock)
5 ZS
4
5.
100
TN
I" Concrete Gravel (Vealmore Exposed
H.00
13QQ
Aggregate)
6.
200
TN
Fine Sand (Brick Sand)
I
L A LQ
7.
100
TN
Screenings (Crusher Fines)
11,30
S.
300
TN
1 3/4" Base Aggregate Flex
13. 20
3
1 to Q
9.
1.500
TN
Concrete Sand
4.1
I5Z5
ZZ° 5
10.
1.500
TN
Flowable Backfill (2 Sack Concrete Blend)
n
RECYCLED MATERIALS ARE NOT ACCEPTABLE
MATERIAL TRANSPORTATION SERVICE
Contract Materials to be delivered to job site location ass ified b itv of Lubbock Staff)
ITEM
QTY
UNIT OF
DESCRIPTION
UNIT PRICE
EXTENDED
Delivery
Days
W-)
MEASURE
BID*
COST
ARO•
I I.
11,600
TN
Transportation service fee for
materials on contract.
r7
12. Delivery costs for travel outside of City limits. per mile.
S per mile
'PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO)
REVISED
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -rune basis
for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for Sand, Rock, and Gravel Materials and Material Transportation
Services 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
orthe 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 o, net _
calendar days. Discounts will not be considered in determining low bid. Unless otherwise in icaled 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favoured 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 dcAires to make available to other local governmental entities
of the State of Texas, by mutual agreement with the s cc sfultt��id'der, and properly authorized interlocal purchasing
agreements as provided for by the Intcrlocal C rah n Chapter 791, Government Code), the right to
purchase the same services, at the prices quoted, f e p o this contract. Each bidder shall indicate on the
Bid Form in the space provided below if he/she will o P lineal 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?
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 cy, Lynn County, and City of WolRorth.
YES NO
a If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Intcrlocal 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 govemmental 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.
REVISED
THIS BID IS SUBMITTED BY:PE -AIMFS CIMP-1(" corporation organized under the laws of the State or
. or a partnership consisting of or individual
lradina as of the Citv of
Bidder acknowledges receipt of the following addenda:
Addenda No. �_ Date S 6_0i 10
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE
nmsf
Officer Name and Title: (2-7 . l -') F,)Z:Z—
Please Print
Business Telephone Number Rn(n- f� Zvi `(Z103 FAX:
E-mail Address: M,K2_9CPP. P 'CeSPneSCOS.Com
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Dam of Award by City Council (for bids over SSO.000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
City of Lubbock, TX
Public Works Operations
Bid Tabulation
May 26, 2016
ITB 16-12795-TF
Sand, Rock and Gravel Materials
Item Qty
U/M DescriptionNendor Location
Unit Cost
Extended Cost
1 6500
TN "00" Backfill Gravel
R.E. Janes Gravel Co. Slaton, TX
8
$ 49,725
Saenz Transport, LLC New Deal, TX
8
49,725
2 500
TN Yi' Base Aggregate ('/," Base Course Gravel
R.E. Janes Gravel Co. Slaton, TX
15
7,625
Saenz Transport, LLC New Deal, TX
15
7,625
3 600
TN %" Base Aggregate (%" Base Course Gravel)
R.E. Janes Gravel Co. Slaton, TX
15
9,150
Saenz Transport, LLC New Deal, TX
15
9,150
4 300
TN 1" Concrete gravel (1" Concrete Rock)
R.E. Janes Gravel Co. Slaton, TX
15
4,575
Saenz Transport, LLC New Deal, TX
15
4,575
5 100
TN 1" Concrete Gravel (Vealmore Exposed Aggregate)
R.E. Janes Gravel Co. Slaton, TX
17
1,700
Saenz Transport, LLC New Deal, TX
17
1.700
6 6500
TN "00" Backfill Gravel
R.E. Janes Gravel Co. Slaton, TX
11
70,200
Saenz Transport, LLC New Deal, TX
11
70,200
7 200
TN Fine Sand (Brick Sand)
R.E. Janes Gravel Co. Slaton, TX
11
2,260
Saenz Transport, LLC New Deal, TX
11
2,260
8 300
TN I %" Base Aggregate Flex
R.E. Janes Gravel Co. Slaton, TX
13
3,960
Saenz Transport, LLC New Deal, TX
13
3,960
9 1500
TN Concrete Sand
R.E. Janes Gravel Co. Slaton, TX
15
22,875
Saenz Transport, LLC New Deal, TX
15
22,875
10 1500
TN Flowable Backfill (2 Sack Concrete Blend)
R.E. Janes Gravel Co. Slaton, TX
7
9,900
Saenz Transport, LLC New Deal, TX
7
9,900
11 11600
TN Transportation service fee for materials on contract.
Saenz Transport, LLC New Deal, TX
6
67.280
12 1
Mi Delivery costs for travel outside of City limits, per mile.
Saenz Transport, LLC New Deal, TX
4
4
OVERALLTOTAL
R.E. Janes Gravel Co. (Cannot Provide Slaton, TX
$ 181,970
Items l I & 12)
Saenz Transport, LLC Lubbock, TX
249,254
1
S.P..ha ido9es/1TB 1612795-1 Sm4 Ruck end G.,.l Melenals
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1ofl
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.
2016-43662
R.E. Janes Gravel Co.
Lubbock, TX United States
Date Filed:
04/21/2016
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
Date Acknowledged:
04122/2016
16
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 goods or services to be provided under the contract.
12860
Sand, Rock, and Gravel Materials
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Massey, Travis
Amarillo, TX United States
X
Gayler, Kyle
Lubbock, TX United States
X
Etchison, Brian
Lubbock, TX United States
X
Janes, Ralph E., IV
Lubbock, TX United States
X
5 Check only if there is NO Interested Party.
❑
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.tx.us Version V1.0.645
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. 1- 4 and 6 It 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.
2016-43662
R.E. Janes Gravel Co.
Lubbock, TX United States
Date Filed:
04/21/2016
2 Name of governmental entity or state agency that is a parry tot 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 goods or services to be provided under the contract.
12860
Sand, Rock, and Gravel Materials
4
Nature of interest (check applicable)
Name of Interested Party
City, State, Country (place of business)
Controlling
Intermediary
Massey, Travis
Amarillo, TX United States
X
Gayler, Kyle
Lubbock, TX United States
X
Etchison, Brian
Lubbock, TX United States
X
Janes, Ralph E., IV
Lubbock, TX United States
X
5 Check only if there is NO Interested Parry.
❑
6 AFFIDAVIT I swear, or affirm, under penalty perjury,
p ry of p ryry, that the above disclosure is true and correct.
vs°•. ROBIN HAMILTON
Vie'•.
�o�s...
c�NOTAPY PUBLIC -STATE OF TEXAS v/�
G`l;+-S EXR OB-11-2019 1
COMM.
•'.
��°^r�"'�� NOTARY ID 834614-1
m,m^ Signature of authoriz eV of contr cttn usiness entity
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn to and subscribed before me., by the said i� ,this the _ day of
20 110 , to certify which, witness my hand and sea of office.
jn1 /L�N C
%nature of officer administering oath Printed name of officer administering oath Title of officer administering call
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645