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HomeMy WebLinkAboutResolution - 2013-R0118 - Contract - Pavement Restoration Inc.- Asphalt Pavement Rejuvenation - 04/11/2013Resolution No. 2013-RO118 April 11, 2013 Item No. 5.4 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. 11227 for asphalt pavement rejuvenation, by and between the City of Lubbock and Pavement Restoration. Inc., of Boerne, 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 April 1 1 _ 2013 G , TSON, MAYOR ATTEST: Reibe Garza, City Secre APPROVED AS TO CONTENT: R - � / lzvv,1443� f R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES. Contract- Pavement Restoration, Inc. March 21, 2013 Resolution No. 2013-RO118 CONTRACT NO. 11227 City of Lubbock, Tx Asphalt Rejuvenation Program STATE OF TEXAS § COUNTY OF LUBBOCK This contract, (the "Contract"), effective as of the 11th day of April, 2013, (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 Rejuvenation 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 Rejuvenation 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 three years, each 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 (ONE HUNDRED TWENTY) calendar days and the liquidated damages amount is $500 (FIVE HUNDRED) each calendar day thereafter as stipulated in the specifications and other contract documents. ARTICLE II. COMPENSATION CONTRACTOR shall be compensated by the City $1.05 (ONE DOLLAR AND FIVE CENTS) per square yard for the first year, $1.08 (ONE DOLLAR AND EIGHT CENTS) per square yard for the second year and $1.15 (ONE DOLLAR AND FIFTEEN CENTS) per square yard for the third year. Estimated quantity of Reclamite Preservative Seal to be applied under this contract per year is 476,190 square yards for a total contract price not to exceed $499,999.50 (FOUR HUNDRED NINETY NINE THOUSAND NINE HUNDRED AND NINETY NINE DOLLARS AND FIFTY CENTS) per year. 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 thirty (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 thirty (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, bot1Y 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 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 it's authorized agents and shall contain an endorsement naming the City of Lubbock as additional on Auto/General Liability on a primary and non-contributory bases to include products of complete operations endorsement. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. 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 FIVE HUNDRED THOUSAND and no/100 DOLLARS ($500,000). 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 ONE MILLION and no/100 Dollars ($1,000,000) combined single limit in the aggregate and per occurrence. 3. Commercial Automobile Liability. CONTRACTOR shall maintain Commercial Automobile Liability coverage with a minimum of ONE MILLION and no/100 Dollars ($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 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, 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. 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: Kevin Lair — Street Superintendent P. 0. 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 XIII. 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 may not assign this Contract without the prior written approval of the City. 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. 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: CITY OF LUBBOCK, (OWNER): P6 V QIA7b PxAn b V\- 1 V1B C y: 09 By: PA��RT TITLE: Pk�� Lo!i: yjT COMPLETE ADDRESS: Company I"Pry`UM7 �, �ez T0 RRon�� 19l C Address ll\ U p-Ure-Y KY\ OLL City, State, Zip -7 gpo 6 ATTEST: ATTEST: ity ecretary APP r.M AS TO ONTENT: Owner's Representative ///, /�� 4, " - - , X Corpora/Sicr ` _ R. Keith Smith, P.E. Chief Operations Officer A P VE AS TO FORM: City Attorney Page Intentionally Left Blank 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. COMPANY NAME: LIMCLAX �'� ���� I AL FEDERAL TAX ID or SOCIAL Signature of Company Oficial: No. 14— ` Cil S 4 L LI— Printed name of company officialsigning above: QOecy2T \0l�_k4kf\S Date Signed: 3 13 013 Page Intentionally Left Blank STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s), as Principal(s), and (hereinafter called the (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 11 th day of April 2013 ,to, and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2013. Surety (Company Name) *By: By: (Title) (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: Approved as to form: City of Lubbock By: City Attorney (Title) * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s),and. (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 11th day of April, 2013, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 2013. Surety * By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) The Undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.