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HomeMy WebLinkAboutResolution - 2013-R0126 - Contract - Ronnie Zahn Paving Inc.- Asphalt Materials - 05/01/2013Resolution No. 2013-RO126 May 1, 2013 Item No. 5.7 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. 11226 for secondary asphalt materials, by and between the City of Lubbock and Ronnie Zahn Paving, Inc., 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 May 1, 2013 _ GL N C. R ERTSON, MAYOR ATT EST: R.b�c a Garza, City Secretary APPROVED AS TO CONTENT: R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs`RES. Contract -Zahn Paving, Inc. April 19, 2013 Resolution No. 2013-RO126 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES Secondary Asphalt Materials CONTRACT NO. 11226 THIS CONTRACT made and entered into this 1St day of May, 2013, by and between the City of Lubbock ("City"), and Ronnie Zahn Paving, Inc, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Secondary 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 authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Secondary 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 are attached hereto and made part hereof, Contractor will deliver to the City, Secondary Asphalt Materials and more specifically referred to as Items one, two, three, four, five and seven 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 Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of three one year extensions said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 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 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. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Products-Comp/OP AGG $500,000 Commercial General Liability 500,000 General Aggregate 500,000 Personal and Adv. Injury 500,000 Contractual Liability 500,000 Fire Damage ( Any on Fire) Automotive Liability $500,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as primary additional insured on a primary and Non - Contributory basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 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. 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. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13 -11226 -DG, 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 B OCK G C. Robertson, Mayor ATTEST: JP 4L, —,/� - Reb ca Garza, City Secret y APPPROVED A 7 CON ENT: Y` R. KeA Smith. P.E. Chief Operating Officer APP fl D A ,'10 FORM: Assistant City Attorney CONT ,TOR BY Authorized Repfesentative AoXeA4/P 2,���� Print Name 6 o g Ph Z-- /< Address /-,yG 51 y o G /< City, State, Zip Code SUBMIT TO: CITY OF LUBBOCK . �„�}�}ccity Purchasing&Contract Management lUIJ�IOCi� of 1' CITY OF LUBBOCK, TEXAS 1625 13'' Street, Rin 204 Lubbock, Tr 79401-3830 rttas INVITATION TO BID CONTACT PERSON: David Gam boa AN EQUAL OPPORTUNITY BID No. 13 -11226 -DG TEL: 806.775.2171 FAX: 806.775.2164 EM PLOVER httpl/purchasing.ci.lubbock.tx.us TITLE: Secondary Asphalt Materials SUBMITTAL DEADLINE: April.i!','2013 rw 2:00 CST PRE BID DATE, TIME AND LOCATION: March 20,2013 at Anivhi,hreeeivedufrmthe time and date lined,diove,regurdleisojrhe 10:00 A.M. In CR 204, 2"d Floor, 1625 1.3t1r Lubbock, Tem. nvde vjdelivery, shall he returned unopend. ONDENTN tE: LABEL TIIEOUTS IDEOFYOURS EALID BIDWITII'HIE11B NUMBER, 21, TH E C LOSING DATE AND 11NI E, AND VO UR COMPANY NAME AND ADDRESS. MAILING ADDRESS: / / �j yy� ��� / (rte4r/G IF RETURNING ASA "NO BID", PLEASE COMPLETE AND RETURNTHE "STATEMENTOFNOBID". X 11 a CITY—STATE—ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT u ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER THE CITY TETHONE NO:— VV RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OFT HE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX0 // ,, OG --74/s— 7"0pp — REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: ', C4 r A, C0 DIRECTOR IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONSTHEREOF, INADVERTENTLYREST RICTSORLIMITSTHE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH FEDERA TAX OR IAL SECURITY NO. NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING DIRECTOR NO LATER THAN FIVE (5) BUSINESS DAYS P RIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES REC EIPTO F AND AGREES ITS BIDS BASED ON ANY ADDENDA POSTED ON BIDSYNC.COM V YES NO The City of Lubbock Charter states that no office or employee of the City can benefit from any contract, job, work or service for the municipally or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, bereft from the award of this bid to the above firm? YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO fill) AND SPECIFICATIONS AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHINGTHE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDINGTHE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREESTO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR'THE PRICES SET FORTH ONTHE BID FORM. AN INDIVIDUAL AUTHORIZEDTO BINDTHE COMPANY MUST SIGN THE FOLLOWING SECTION, FAILURE TOEXECUTE'THIS PORTION MAY RESULT IN BID REJECTION. By my signature I cetify that this offer is made withort prior understanding, agreement, or connection with any corporation, fmn, business auty, or person submitting an offer forthe same materials, supplies, equipment, or sevice(s), and is in all respects fair and Wthott collusion or fraud. I furthcr agree that if the offer is accepted, the bidder will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all amws of action it may now or Ix;reafter acquire under the Anti-trust laws of the United States and the State of Texas for price feting relating to the particular commodity(s)or service (s) purchased or acquired by the City of Lubbock. At the City's discrction, such assignment shall be made and become effective atthe tine the Cty t`en�ders final payment to the vendor. / L co I—POry-le� l r6 A. r✓ A uthorize d Sign atu title L'aLHA Za A nJ 4&1 1 9 1 (7�20 l3 Print/Type Name Date TIIFS FORINT MUST BECOMPLETED AND RETURNED WITII YOUR RESPONSE_ 1/112013 0 PurchamMid Dom20131Tn I1 -11226 -DG BID FORM Secondary Asphalt Materials City of Lubbock, Texas ITB No. 13 -11226 -DG In compliance with the Invitation to Bid 13 -11226 -DG, 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 rcjccted 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 e..,cess of or below reasonably e.�pected values), or irregularities of any kind. The Invitation to Bid 13 -11226 -DG is by reference incorporated in this contract. The Bid Dorm must be completed in blue or black ink orby typewriter. 410°11-h dor � -I ivery chanje Xds be,, --,I,)ecl 7v eack an' -priceper. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt ofOrder (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 item shown on the bid. The City of Lubbock is seeking a contract for Secondary Asphalt Materials with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products 3 11x2013 Q Puuchsa the Docv=3Ii8 13.11226-130 QTY UNIT OF UNIT PRICE* Extended Delivery Days ITEM + MEASURE DESCRIPTION BID Cost ARO** 1. 100 TN Asphalt Stabilized Base S Sb iOb Sop 4000 (Black Base/TxDOTType B) ,-.22 ��itai� V/ , 2. 3,500 TN TxDOT Hot Mix Type C �`` v S d 00 S _S Sc d- 3. 3,500 TN TxDOT Hot Mix Type D S�� 00 `�- � kw � S 3t)),ODd 4. 2,000 TN TxDOT Hot Mix Type C (to include price to deliver on- co $ )DD. � $ s ite) PG 70 -21? &P6 S rush, TOOT Hot Mix Type D (to � S 5. 2,000 TN include price to deliver on- S ro site) 61/4.1 0 6. 500 TN Cold Mix (UPM Type or $/(D cc�� II �►d S _. Equal) 7. 200 TN Bull Mix a; //0,00 /o.� — C(J s 2 2. Coo �' ****Note: All [lot Mix will be made with PG Grade Asphalt (PG 64/22, 64/28, or 70/28)**** 410°11-h dor � -I ivery chanje Xds be,, --,I,)ecl 7v eack an' -priceper. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt ofOrder (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 item shown on the bid. The City of Lubbock is seeking a contract for Secondary Asphalt Materials with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products 3 11x2013 Q Puuchsa the Docv=3Ii8 13.11226-130 desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, howe%er, is an option reserved by the City, based on the needs of the City. PA VVI ENT TERNIS AND DISCOUNTS - Bidder o I ers a prompt pay ment discount of D %, 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 DA YS. 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 pay mens requiring pay ment 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 FA VORED PRICING: The Biddercertities that the price quoted is not in eu:ess ofthe lowest price charged anyone else, including its most favored customer, for like quality and quantity ofthe products/seryices; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/seryices 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 lowerprice(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, Goverment Code), the right to purchase the same services, at the prices quoted, for the period of th is 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? 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 NO • Ifyou (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/seryices 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. /11/200 Q Pwchaw, id Doel20131Ta 13-1 1226 -DG THIS BID IS SUBMITTED BY nh1,- Z/I3[l dill'm corporation organized under the la\%s of the State of Was , or -a- ip-sen.sisting of Fi of the City of or-intliv-i *4--tmdiwg-_as (o R Y Mr Bt ' Address: e_ ,��/ City: /-N 44v(l State: %X Zip 'M9� L Bidder acknowledges receipt ofthe following addenda: Addenda No. Aj7te. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm Woman I I B lack A me r icanNative A merican Hispanic American I I Asian Pacific A meric4 I Other(Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, e.vhanging, or selling new motor vehicles is required under the Tex Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Tems Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Teras: 1. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) By Authorized - must sign by hand Officer Name and Title: L—a rL Lk Z a {h l l_y� aor� T r ani Please Print �a Business Telephone Number 9�6 -751L /F-72 FAX: Y46 -I qy- G Dia E-mail Address: /-a FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bidsover$25,000): Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTS IDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. VI 12013 Q Fwcham, Bid Does20134TB 13.11226 -DG