HomeMy WebLinkAboutResolution - 2013-R0127 - Contract - Unique Paving Materials - Asphalt Materials - 05/01/2013Resolution No. 2013—RO127
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. 11226-1 for secondary
asphalt materials, by and between the City of Lubbock and Unique Paving Materials, of
Cleveland, Ohio, 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 Ma
4.ECV.1WhRTSOCN., MAYOR
ATTEST:
JQ .0,01 - - --
Rebe ca Garza, City Se retat ,
I:177 9TOIN ITi7:f.Y 1104163-0ti1-"298
P
"�Z/
R. Keith Smith, P.E., Chief Operating Officer
APPROVED AS TO FORM:
had Weaver, Assistant City Attorney
vw:ccdocs RES.Contract-Unique Paving
April 19, 2013
Resolution No. 2013—RO127
CITY OF LUBBOCE, TX
CONTRACT FOR SERVICES
Secondary Asphalt Materials
CONTRACT NO. 11226-1
THIS CONTRACT made and entered into this 1" day of May, 2013, by and between the City
of Lubbock ("City"), and Unique 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 Item six 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:
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
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 C ity 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.
7W�
C. Robertson, Mayor
ATTEST:
J��) -
Rebekca Garza, City Secre
APPROVED AS TO CONTENT:
�— I �2
R Keith Smith. P.E. Chief Operating Officer
APP D A� TO FORM:
Assistant City Attorney
3+52013 QTurehudW D=2013M 13-11226.DG
CONTRACTOR
BY 4�� Z=)= ---
Authorized Representative
L& U� -i
Print Name
Address
City, State, Zip Code
sunirr TO:
CITY OF LUBBOCK
PurchasingekCont raLt,ManaWment
lubb�OC1C CITY OF LUBBOCK, TEXAS
1625 13" Sire t, Rm 204
�
Lubbcxk,"rx79,101-3830
" INVITATION TO BID
CONTACT PERSON:
DavidCamboa
AN EQUAL
oPPo(TrmrrY BID No. 13-11226-DG
'rEL:806.775.2171
FAX: 806.775.2164
EMPLOYER
hi tp lipurchasingci.lubbock.txuas
TITLE: Secondary Asphalt Material's
SUBMITTAL DEADLINE:
kIAI 2, 21)13 (50 2:00 11. M.
PRE BID DATE, TIME AND LOCATION: tllarch 20.
2013at
Any hhhPeev edit/hr the time anddaelntedubow.regardtosa/rhe
Las".JL In CR 204 2nd Floor, 1625 13th Lubbock
Teras
nodeofdddrcry, shall /to renrnedwopemJ.
RESPONDENT NAN
U l k V F v `v M�-rtt
LABEI,'IME O U7SIDEO F YOURSEILFD BID W 1111 711E 1'III NUMBER.
'HIE CLOSING DA"IE AND TIME ,%NDYOURC05ff'ANYNAJIE.\ND
MAILING ADDRESS:
�2
j ID
ADDRESS.
1 J 0- )
IF RETURNING ASA "ND BID-,PLEASE COMPLETE AND RETURNTHE
•'STA'1'I]NENT OF NO BID'.
CITY -STArE -ZIP:
e-
THE CITY OF LUBBOCK RESERVESTHE RIGHT TO ACCEPT OR REJECT
L & (I #,L r.-- -p
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE OOMPETrrlVE BID PROCESS FURTHER,IHECIfY
TELEPHONE 0:'/�-
(L 'T l 3
RESERVES THE RIGIrf TO ENTER INTO ANY CONrRACr DEEMEDTO BE
7
IN THE BEST INTEREST OFTHE CITY.
IT IS THE INTENT AND PURPOSE OF TUE CITY OF LUBBOCK THAT THIS
FAX _ Z-9t 7L
REQUEST PERMITS COMPETITIVE BIDS IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
OR IF
E-MAIL: nn
L dJVlqLx
Ju-6et-CJ 1",&u INA-Kt,AL)�
ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
10ATIONSTHEREOF, INADVERTENTLY RESP IT
RICTS OR LIMSTHE
FEDERAL TAX ID NO. OR SOCIAL SE URI'rY NO.
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
11 w Q
NOTIFICATION MUST BE SUBMITTED M WRITING AND MUST BE
RECEIVED BY THE PURCHASING DIRECTOR NO LATER THAN FIVE (5)
BUSINE,%DAYS PRIORTOTHEABOVE SUBMrrTAL DEADLINE.
1NE BIDDER IIEREBY ACIMWLEDGES RECEIPTOFAND AGREES rIS BID IS BASED ONANY ADDLNDA POSTED ON
BIBBYNC.COM YES ANO
The C'ty of Lubbodc Charter Allies that no officer or empktyee of the City am benefit fnxn arty contract, job, work or service for the mmicpalty or he
interested in the -sate to the City of any supplies, equipment, material or articles puchavd. W ill any officer or employce of the City, or member oflhei
immediate funily, benefit from the award ofthis bid to the above firm?_ YES NO
IN COMPLIANCE. WITH THIS SOLICITATION, 'TIIE UNDERSIGNED BIDDER HAVING EXAMINED THE INVrrAr10N TO IIID AND
SPECIFICATIONS, AND BEING FAMILIAR WrrFl THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR
FURNISHINGTIIE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING TIIE ITEMS LISTED ON Ti IE
ATTACHED BID FORM AND A(IRFF.STO DELIVER SAID ITEMS AT TIIE LOCATIONS AND FORTHE PRICES SET R)RTII ONTtIE BID
FORM. ANINDIVIDUAL AUriIORrLEDTOBIND THE COMPANY MUST SIGN T HE FOLLOWINGSECTION. FAILURE TO EXECUTE rills
1101(rim MAY RESULT IN IIID REJECTION.
fly my signature I certify that this offer is made without prior understanding, ageanat, or ccrmecton with am corporation, firm, husiners ertay, or
peraxn submiting m offer Ibr the sane nu:terids, supplies, equipment, or suvic4s). and is in all respects tuir and without collusion or fraud. 1 father
agree flit if the offer is accepted, the bidder will convey, sell, assign, car transfer to the C'ty of Lubbock all right, tt1c, and imcrcl in and to all causes of
action it may now or hereafter acquire under the Ant Hrust laws of the United States and the Sate of'rcaas fur price fccing relating to the particular
cumnwdt)(s) or service (s) puehawd or acquired by the City of Lubhock At the City's discrd on, such assignment shat) be made and become elfective
at t he tine the City tenders final `14mutt to the venebr.
e-
d Sign atu re title
L,15; l ,1 !zzl /,3
Printflype Name Date
r111S FOILi1 JIUs'r BECo.mPLFir ED:ILND RErLRNE.D 1Vrrl1 V0 CR RESPONSI-
111 rO I
LIar_oa I Q P—h—TW D -W101 t I m 11• I12Sfi043
BID FORM
Secondary Asphalt Materials
City of Lubbock, Teras
ITIS No. 13 -11226 -DG
In compliance with the Incitation to Bid 13 -11226 -DC, 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 item 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 iters
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 13 -11226 -DG is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (A RO)
Unless otherwise specified herein, the City may award the bid either item-by—item or onrn all -or -none basis for any
item or group of items shown on the hid.
The City or 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 proside the products
VI 1!201) 0 P.chmIhd Doc M MII) 13 -11226 -DG
QTY
UNIT OF
UNIT PRICE*
Extended
Delivery
ITEM
W-)
MEASURE
DESCRIPTION
BID
Cost
Days
ARO**
I.
100
TN
Asphalt Stabilized Base
$
$
(Black Base/TxDOT Type B)
2.
3,500
TN
TxDOT Hot Mix Type C
$
$
3.
3,500
TN
TxDOT Hot Mix Type D
$
$
TxDOT Hot Mix Type C (to
4.
2,000
TN
include price to deliver on-
$
$
s ite)
TROT Hot Mix Type D (to
5.
2,000
TN
include price to deliver on-
$
$
s ite)
6.
500
TN
Cold Mix (UPM Type or
Equal)
1 2 `�
$ 1 } Je 00
I l
7.
200
TN
Bull Mix
$
$
****Note: All Hot M1111i will he made with PG Grade Asphalt (PG 64/22, 64/28,or 70/28)****
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (A RO)
Unless otherwise specified herein, the City may award the bid either item-by—item or onrn all -or -none basis for any
item or group of items shown on the hid.
The City or 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 proside the products
VI 1!201) 0 P.chmIhd Doc M MII) 13 -11226 -DG
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 reser%ed by the City, based on the needs of the City.
PA Yet ENT TER,XIS AND DISCOUNTS - Biddero Mrs a prompt pay merit discount of%, ne Vcalendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will
be NF:I t'H1KTY 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 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 FA VORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone
else, including its most favored customer, for like quality and quantity of the produ Lists ery ices; 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 lower price(s) is effective.
INTERLOCA L 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, Govem went Code), the right to purchase the same services,
at the prices quoted, for the period of this contract. Each biddershall 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 terns, 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
Distric4 South Plains Association or Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth.
YES A-� NO
• If you (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. Foch governmental entity will order thew own materials/service as needed.
�
TI IIS BID IS SUBMITTED BY V(J �� e AL,h f/*q/- { cosrporation organized under the laws of the State of
_n _(1 U ,ora partnership consisting of
2
of the City of
�Vac_�
or individual trading as
Address: _�) '�l `1 ___5 (G_ q % ti S -r -
City: C L e Q �_ w --%-, State: ol-I Zip 1P I -P ) &e
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
iNUWBEFirml Woman I TBlack American I I Native
L____t t Hispanic American I I Asian Pacific Americ I OtherlSr
Any entity or person that manufactures, dMributes, converts new motor vehicles (or represents an entity that manufactures,
distributes, or converts new motor vehicles) or is in the business of buying, e,,changing, or selling new motor vehicles is
required under the Tex Oce. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Teras 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 ofTe.as:
1. Name and Manufacture's License No.
2. Name and Converter's License No.
3. Name and Representative's License No.
d. Name and Franchise Dealer's License No.
General Distinguishing No. (Franchised TX dealer)
a
Representative - must sign by hand
Officer Name and Title: -1 CL v ., ,,� l,` c�z- — L/A, of yL—,
Please Print C<,
Business Telephone Number 4' ( 7 � % FAX: l -2 - 7 —3 J S6l
E-mail Address: L (— E 6 4 p-- (P %� 1,n,, uyL 61,y,, H,4Y M,A-.Iµ),c.S r C 0"
FOR CITY LN E ONLY
Bid Form Item Numbers) Awarded to Above Named F irml Ind ividual:
Date of Award by City Council (jor bids a ver $25, 000): Date P.OJContract Issued:
RETURN COMPLETED & S IGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICA'T'IONS.
LABEL THE OUTS IDE OF YOUR SEALED BID WITH TILE ITB NUNIBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
1 I InOU U Pmelo,e.rld oa,cnu I7r! IA1I?26W