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Home My WebLink AboutResolution - 2016-R0381 - Contract - West Materials LLC - Asphalt Materials - 10/27/2016Resolution No.2016-R0381 Item No.6.19 October 27,2016 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.Contract No.13094 for Asphalt Materials,by and between the City of Lubbock and West Materials.LLC,of Lubbock,Texas,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 October 27.2016 DANIEL M.POPE,MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: .Wood Franklin,P.E.,Director-eTPublic Works APPROVED AS TO FORM: '//U L;A/ Kelli Leisure.Assistant City Attorney RES.Contract-Nbr-13094,West Materials,LLC 10.7.16 D� Resolution No. 2016-RO381 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES FOR ASPHALT MATERIALS CONTRACT NO. 13094 THIS CONTRACT made and entered into this 27th day of October 2016, by and between the City of Lubbock ("City"), and West Materials LLC, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Asphalt 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 of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and 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. 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 specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City, Asphalt Materials, and more specifically referred to as Primary provider for items 4,5 and 7 and Secondary provider for items 1,2,3,6 and 8 on the bid form 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 ten-n of one year, with the option of four, one year extensions, said date of term beginning upon formal approval. The rates may be adjusted upward or downward every six (6) months at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous six (6) months. Written consent from both parties is required for all price adjustments. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 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. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (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 old 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. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, 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 the 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. 6. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish 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. INSURANCE COVERAGE REQUIRED 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. 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): TYPE OF INSURANCE GENERAL LIABILITY 0 Commercial General Liability 0 Other El Claims Made Occurrence [I W/Heavy Equipment 0 To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY 1:1 AUTOMOTIVE LIABILITY COMBINED SINGLE LIMIT General Aggregate $11 .0-0 0 �00 0 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate s, 0 Any Auto El All Owned Autos Combined Single Limit El Scheduled Autos Hired Autos Each Occurrence �ikdU& 0 Non -Owned Autos EXCESS LIABILITY 0 Umbrella Form GARAGE LIABILITY Any Auto 0 BUILDER'S RISK INSTALLATION FLOATER POLLUTION CARGO Each Occurrence Aggregate Auto Only - Each Accident Each Accident Aggregate 100% of the Total Contract Price 100% of the Total Material Costs 29 WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY 0 EWLOYERSLIABILITY $ OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED City ofLubbock named as additional insured on AutolGeneral Liability on a primary and non-contributory basis. To include products of completed operations endorsement. Waiver ofsubrogation infavor ofthe City ofLubbock on all coverages, i im %-aLy vi jLuuuuuK snau oe namea as an aaamonai insured on a primary and non-contributory basis and shall include a waiver of subrogation in favor of the City on all liability coverage's except professional liability. A waiver of subrogation will be required on workers comp coverages. All Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies 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 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 and Contract Management City of Lubbock 1625 13 1h Street, Room 204 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. 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 seekjudicial 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 anytime 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 tile 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 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 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 of 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 16-10310-KM 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. POPIA Mayor JAT �.D Rebecca Garza, City Secretary APPROVED AS TO E., Di rector of Public Works APPROVED AS TO FORM: Kelli L isure, Assistant City Attorney CONTRACTOR: BY / k W Authorized Representative's Signature X4 4 l t. X Print Name ')_� G L luu s!'L�-�1 Address City, State, Zip Code *�r BID FORM Asphalt Materials City of Lubbock, Texas ITB 16-13010-KM in compliance with the invitation to Bid 16-13010-KM. 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 below and agrees to deliver said items at the locations and 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 16-13010-KM is by reference incorporated in this contract. The Bid Form must be comoleted in blue or black ink or by tvsewriter. QTY UNIT OF UNIT PRICE* EXTENDED Delivery ITEM (+/-) MEASURE DESCRIPTION BID (B) COST =(A X B) Days ARO** A i . 500 TN Asphalt Stabilized Base $ $(i . OJ $qOl li7o.Qa — J Black Base/TxDOT Item 292 2. 3,500 TN TxDOT Hot Mix Tyee C 7 T • 00 3. 3,500 IN TxDOT Hot Mix Type D 7$ - 0c7 4. 2,000 TN TxDOT Hot Mix Type C (to include price 83.03 9 r�6� po,CFO (9— j to deliver on -site S. 2,000 TN TxDOT Hot Mix Type D (to include price 3 �to s / 66.v�•� � .-1 to deliver on-site)� 6. 500 TN Cold Mix (VPMType orEqual) $ i SS DJJ 4W 7. 200 TN Bull Mix $ $ S r 7� o`v'`o t9-1 $. 3,000 GAL TxDOT Certified MC 30 Prime Oil $ �'�`�� ****Note: All Hot Mix will be made with PG Grade As halt PG 64122 or64/281**** 'PRICE: F.V.B. vestination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either Item-by4tem or on an all -or -none basis for any Item or group or items shown on the bid. The City of Lubbock reserves the right to reject any or all bids, reject any particular Item on a quote, and to waive immaterial formalities. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 1%, net J7 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. S: PuuchudBid Dom= 16-13010-KM Asphalt Materials 4 Total $1,008,000 * Primary ** Secondary City of Lubbock, TX Asphalt Materials Bid Tabulation October 27, 2016 ITB 16-13010-KM Asphalt Materials Item Qty U/M DescriptionNendor Location Unit Cost Extended Cost 1 500 TN Asphalt Stabilized Base (Black Base/TxDOT Item 292) West Texas Paving, Inc. Lubbock, TX S 76 38,000 Duininck, Inc. Roanoke, TX 80 40,000 West Materials, LLC Lubbock, TX 80 40,000 Lone Star Dirt & Paving, LTD Lubbock, TX 85 42,500 Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX 86 43,000 Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid 2 3,500 TN TxDOT Hot Mix Type C West Texas Paving, Inc. Lubbock, TX 76 266,000 West Materials, LLC Lubbock, TX 78 273,000 Duininck, Inc. Roanoke, TX 90 315,000 Lone Star Dirt & Paving, LTD Lubbock, TX 95 332,500 Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX 96 336,000 Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid 3,500 TN TxDOT Hot Mix Type D West Texas Paving, Inc. Lubbock, TX 76 266,000 West Materials, LLC Lubbock, TX 78 273,000 Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX 91 318,500 Duininck, Inc. Roanoke, TX 95 332,500 Lone Star Dirt & Paving, LTD Lubbock, TX 95 332,500 Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid 4 2,000 TN TxDOT Hot Mix Type C (to include price to deliver on -site) West Materials, LLC Lubbock, TX 83 166,000 West Texas Paving, Inc. Lubbock, TX 86 172,000 Duininck, Inc. Roanoke, TX 100 200,000 Lone Star Dirt & Paving, LTD Lubbock, TX 105 210,000 Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX No Bid No Bid 2,000 TN TxDOT Hot Mix Type D (to include price to deliver on -site) West Materials, LLC Lubbock, TX 83 166,000 West Texas Paving, Inc. Lubbock, TX 86 172,000 Duininck, Inc. Roanoke, TX 105 210,000 Lone Star Dirt & Paving, LTD Lubbock, TX 105 210,000 Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX No Bid No Bid 500 TN Cold Mix (UPM Type or Equal) West Texas Paving, Inc. Lubbock, TX 95 47,500 West Materials, LLC Lubbock, TX 110 55,000 Duininck, Inc. Roanoke, TX 165 82,500 Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX No Bid No Bid Lone Star Dirt & Paving, LTD Lubbock, TX No Bid No Bid City of Lubbock, TX Asphalt Materials Bid Tabulation October 27, 2016 Item Qty U/M DescriptionNendor Location Unit Cost Extended Cost 7 200 TN Bull Mix Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX 85 17,000 West Materials, LLC Lubbock, TX 85 17,000 West Texas Paving, Inc. Lubbock, TX 100 20,000 Duininck, Inc. Roanoke, TX 110 22,000 Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid Lone Star Dirt & Paving, LTD Lubbock, TX No Bid No Bid 8 3,000 GAL TxDOT Certified MC 30 Prime Oil West Texas Paving, Inc. Lubbock, TX 6 18,000 West Materials, LLC Lubbock, TX 6 18,000 Lone Star Dirt & Paving, LTD Lubbock, TX 7 20,250 Duininck, Inc. Roanoke, TX No Bid No Bid Heartland Asphalt Materials, Inc. Lubbock, TX No Bid No Bid Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX No Bid No Bid 9 3,000 GAL TxDOT Certified CSS 1-H Tack Oil Heartland Asphalt Materials, Inc. Lubbock, TX 1.45 4,350 Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX 4.25 12,750 West Materials, LLC Lubbock, TX 4.50 13,500 Lone Star Dirt & Paving, LTD Lubbock, TX 6.75 20,250 Duininck, Inc. Roanoke, TX No Bid No Bid West Texas Paving, Inc. Lubbock, TX No Bid No Bid Item by Item Heartland Asphalt Materials, Inc. (Item 9 - Primary) Lubbock, TX $ 4,350 West Texas Paving, Inc. (Items 1-3, 6 and 8 - Primary, Items 4-5 - Secondary) Lubbock, TX 979,500 West Materials, LLC (Items 4-5 and 7 - Primary, Items 1-3, 6 and 8 - Secondary) Lubbock, TX 1,008,000 Duininck, Inc. (Items 1-8 - Tiertary) Roanoke, TX 1,202,000 Daley's Superior Asphalt Manufacturing, Inc. Lubbock, TX 727,250 Lone Star Dirt & Paving, LTD Lubbock, TX 1,168,000 CERTIFICATE OF INTERESTED PARTIES FORM 1Z35 "1of1 Complete Nos.1- a and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-131979 Date Filed: . ..................... 1110212016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. West Materials, LLC Lubbock, TX United States __.._.......___.............._.............__.._......__....._......._..................................... -_.._..................__....._.__..__..__.... --...._..__........,................. . 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 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. 16-13010-KM Asphalt materials or dirt and concrete materials 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) - Controlling I intermediary. 5 Check only if there is NO Interested Party. Q X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �,,ifttfU MITCHELL BRITTON ?• ;�� Notary Public. Stole of Texas My COmm1551on Explres ��`'+rnelstiv � September 16, 2019 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said �� , this the .. day of 20 l�D , to certify which, witness my hand and seal of office. A &34/77-CA1 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 V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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: 2016-131979 Date Filed: 11/02/2016 Date Acknowledged: 11/03/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. West Materials, LLC Lubbock, TX United States 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 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. 16-13010-KM Asphalt materials or dirt and concrete materials 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 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 Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V1.0.277