Loading...
R2018-101 2018-06-11 RESOLUTION NO. R2018-101 A Resolution of The City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with Brazoria County for the purchase of hot mix asphaltic concrete from Century Asphalt, in an amount not to exceed $1,000,000.00, for the period of June 12, 2018 through June 11, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner Brazoria County for the purchase of hot mix asphaltic concrete. Section 2. That the City Manager or his designee is hereby authorized to execute a contract with Century Asphalt for the purchase of hot mix asphaltic concrete, in an amount not to exceed $1,000,000.00. PASSED, APPROVED and ADOPTED this the 11th day of Jup A.D., 2018. --...3ark7 ) -ce TOM REID MAYOR ATTEST: <(QFA�4,yo%, !' e /�/I NG Ls' G, 1 0 �� T- Y/ Y SEC"�TARY :: APPROVED AS TO FORM: '''��������t����`````` Qiii. — 0 DARRIN M. COKER CITY ATTORNEY a0 \� PI4 Ali City of Pearland VI „ , 3519 Liberty Drive s9r. Pearland,Pearland, TX 77581 General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Century Asphalt PO Box 187 Houston, TX 77001 Description of Services: Unit supply contract for hot asphalt mix, in the amount not to exceed $1,000,000, per the interlocal cooperative pricing agreement with Brazoria County utilizing Contract #16-33, City of Pearland resolution # R2018-101. Effective Date: June 19, 2018 Termination Date: June 18, 2019 Renewal: No renewal options available at this time. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND* CONTRACTOR: Phillip King 1 Budget/P rchasin• Manager Date Title: Vices P ide neral Man ger Date: 6/22 18 S i•tee by: ►•a e: r �/�� City anager Assistant City Manager Director Program Manager *Contract Signature Authority: Program Manager-$5,999 or less Director- $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ Page 1 of 12 Ill. Standard Contractual Provisions. A. Definitions. Contract means this Standard Services Contract. Services means the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing.The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice,the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3) Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City's successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to Page 2 of 12 this Contract as a third-party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations,or contracts,either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods,or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. The contractor's response to request to Brazoria County Contract#16-33. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). B. City's Additional Contract Documents: 1. Scope of Services. Page 3 of 12 EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of providing hot asphalt mix via the interlocal cooperative agreement with Brazoria County for Contract#16-33,City of Pearland resolution#R2018-101. Pricing is as reflected on attached Brazoria County Contract Sheets, #16-33 Road Materials — Surface Courses. Page 4 of 12 BRAZORIA COUNTY CONTRACT SHEETS TABLE OF CONTENTS ITB#16-33 ROAD MATERIALS - SURFACE COURSES TERM: 4/26/2018 - 4/25/2019 RECYCLED ASPHALTIC CONCRETE PAVEMENT(RACP)-TXDOT ITEM 340,TYPE D MIXED WITH AC-20 2 PICKED UP&LOADED ONTO COUNTY TRUCKS 2 DELIVERED TO JOBSITE AND IN PLACE 3 RECYCLED ASPHALTIC CONCRETE PAVEMENT(RACP)-TXDOT ITEM 340,TYPE B MIXED WITH AC-20 4 PICK UP&LOADED ONTO COUNTY TRUCKS 4 HOT MIX ASPHALTIC CONCRETE PAVEMENT 6 PICK UP&LOADED ONTO COUNTY TRUCKS 6 DELIVERED TO JOBSITE 7 MILEAGECO(1(b/ 8 (‹"P 41,41„„.(<>/ r 411C Ce Page 5 of 12 REV 4/27/2018 BRAZORIA COUNTY CONTRACT SHEETS RECYCLED ASPHALTIC CONCRETE PAVEMENT (RACP) - TXDOT ITEM 340, TYPE D MIXED WITH AC-20 PICKED UP&LOADED ONTO COUNTY TRUCKS ITB#16-33 ROAD MATERIALS -SURFACE COURSES BIDDERS NAME AMERICAN MATERIALS, INC. DATE OF BID OPENING 10126 CASH ROAD THURSDAY, MARCH 31,2016 AT 11:00 A.M. STAFFO X 77477 11:00 A.M., Local Time QUOTED BY JEtb RRY TELEPHONE# 9-1551 FAX# 281-499-1525 PERSON TO CONTACT FOR PLACING ORDERS J R . BERRY-281-499-1551 PERSON TO CONTACT FOR BILLING ISSUES NJF,yI Y L. BERRY-281-499-1551 DESCRIPTION COMM SURFACE COURSES CODE COUNTY ID , . . iitk2.1 RECYCLED ASPHALTIC CONCRETE PAVE TCP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TxDot Item 340,Type D,mixed with AC-20 Price per ton 1SrillP 2.1.1 Price per ton bidder's plant/ siding loaded onto County trucks 7 6780 $55.00 • r t() Page 6 of 12 REV 4/27/2018 BRAZORIA COUNTY CONTRACT SHEETS DELIVERED TO JOBSITE AND IN PLACE ITB#16-33 ROAD MATERIALS-SURFACE COURSES BIDDERS NAME AMERICAN MATERIALS, INC. DATE OF BID OPENING 10126 CASH ROAD THURSDAY,MARCH 31,2016 AT 11:00 A M STAFFORD, TX 77477 11:00 A.M., Local Time QUOTED BY JERRY L. BERRY TELEPHONE# 281.499-1 51 FAX# 281-49 PERSON TO CONTACT FOR PLACING ORDERS JERRY L. B 99-1551 PERSON TO CONTACT FOR BILLING ISSUES JERRY L B Y 81-499-1551 DESCRIPTION COMM SURFACE COURSES CODE COUNTY ID# 2.1 RECYCLED ASPHALTIC CONCRETE PAVEMENT .' . .' •. RACP) • . . . . . . . . . . . . . . ••. . .•_•. . . . . . . TxDot Item 340,Type D,mixed with AC-20 Price per ton 2.1.3 Price per ton as delivered to IS4(e jobsite 745-68 C78 $55.00 Hauling First Milep7087,ciewarly114 $3.00 Hauling Each Additional Mile 7088 $0.20 2.1.4 Price per ton in place ftaiNg5-68 7759 $55.00 Hauling First Mile 0 7087 $3.00 Hauling Each Addit al ile 7088 $0.20 1.4 State mininum truckload if required 15 TONS Page 7 of 12 REV 4/27/2018 BRAZORIA COUNTY CONTRACT SHEETS RECYCLED ASPHALTIC CONCRETE PAVEMENT (RACP) -TXDOT ITEM 340, TYPE B MIXED WITH AC-20 PICK UP&LOADED ONTO COUNTY TRUCKS ITB#16-33 ROAD MATERIALS-SURFACE COURSES BIDDERS NAME AMERICAN MATERIALS, INC. DATE OF BID OPENING 10126 CASH ROAD THURSDAY,MARCH 31,2016 AT 11:00 A M STAFFORD,TX 77477 11:00 A.M., Local Time QUOTED BY JERRY L. BE TELEPHONE# 281-499 1 FAX# 281-49• PERSON TO CONTACT FOR PLACING ORDERS JERRY L. B • • :1-499-1551 PERSON TO CONTACT FOR BILLING ISSUES JERR . • ' V-281-499-1551 DESCRIPTION —1111111111111.1.1111 COMM SURFACE COURSES I Ct7DE COUNTY ID# .: :. 2.2 RECYCLED ASPHALTIC CONCRETE PAVEMENT(RACP) TxDot Item 340,Tpe B, mixed with AC-20 Asphalt Price per ton 2.2.1 Price per ton bidder's plant/siding loaded onto County trucks 745.68 6 1 $55.00 rPS Page 8 of 12 REV 4/27/2018 BRAZORIA COUNTY CONTRACT SHEETS DELIVERED TO JOBSITE and IN PLACE ITB#16-33 ROAD MATERIALS -SURFACE COURSES BIDDERS NAME AMERICAN MATERIALS, INC. DATE OF BID OPENING 10126 CASH ROAD THURSDAY, MARCH 31,2016 AT 11:00 A.M. STAFFORD, TX 77477 11:00 A.M., Local Time QUOTED BY JERRY L. BERRY TELEPHONE# 281-4 1 1 FAX# 28 PERSON TO CONTACT FOR PLACING ORDERS JERRY L. B 281-499-1551 PERSON TO CONTACT FOR BILLING ISSUES JERRY t ' -Y-281-499-1551 DESCRIPTION . COMM SURFACE COURSES CODE COUNTY ID# 2.2 RECYCLED ASPHALTIC CONCRETE PAVEMENT TxDot Item 340, Tpe B, mixed with AC-20 Asphalt Price per ton 2.2.3 Price per ton as delivered to jobsite: 745-68 781 555.00 Hauling First Mile 8 $3.00 dietairlitilliP' Hauling Each Additional Mile 7079 $0.20 2.2.4 Price per ton in place 7 68 7760 $55.00 Hauling First Mile 7078 $3.00 Hauling Each Addi onal ile 7079 $0.20 2.4 State Minimum t ad if required NO INFORMATION LISTED Page 9 of 12 REV 4/27/2018 BRAZORIA COUNTY CONTRACT SHEETS HOT MIX ASPHALTIC CONCRETE PAVEMENT PICK UP&LOADED ONTO COUNTY TRUCKS ITB#16.33 ROAD MATERIALS-SURFACE COURSES BIDDERS NAME CENTURY ASPHALT LTD AMERICAN MATERIALS,INC. DATE OF BID OPENING 5303 NAVIGATION BLVD 10126 CASH ROAD THURSDAY,MARCH 31,2016 AT 11,00 AM HOUSTON,TX 77011 STAFFORD,TX 77477 11:00 A M., Local Time QUOTED BY PHILLIP KING JERRY L.BERRY TELEPHONE#_ 713-292-2868 281-499-1551 FAX At 713-292-2885 281-499-1525 PERSON TO CONTACT FOR PLACING ORDERS DAVID VANEK-713-923-1988 Y .BERRY-281.499-1551 PERSON TO CONTACT FOR BILLING ISSUES KIM BYFORD-713-292-2868 L.BERRY-281-499-1551 DESCRIPTION COMM T .. SURFACE COURSES CODE COUNTO . . . . .....,.. . ... ..... ..... ......... .... 2.3 HOT MIX APAHALTIC CONCRETE PAVEMENT 2.4 ASPHALT MIX TYPED . . . . . - . . . . . . .•. . . .•. . . . . . . . . . . . . . 2.4.1 Price per ton bidder's plant I siding loaded onto County trucks 745-21 6782 4140 .n Price per ton 400S • 2.00 $55.00 ilelilliPC.41 /S4CLw CP11111°. REV 4/27/2018 Page 10 of 12 BRAZORIA COUNTY CONTRACT SHEETS DELIVERED TO JOBSIT E ITB#16.33 ROAD MATERIALS-SURFACE COURSES BIDDERS NAME CENTURY ASPHALT LTD AMERICAN MATERIALS, INC. DATE OF BID OPENING 5303 NAVIGATION BLVD 10126 CASH ROAD THURSDAY,MARCH 31,2016 AT 11:00 A M HOUSTON,TX 77011 STAFFORD,TX 77477 11:00 A.M.,Local Time QUOTED BY PHILLIP KING JERRY L.BERRY TELEPHONE# 713-292-2868 281-499-1551 FAX# 713-292-2885 281-499-1525 PERSON TO CONTACT FOR PLACING ORDERS DAVID VANEK-713-923-1988 L.BERRY-281-499-1551 PERSON TO CONTACT FOR BILLING ISSUES KIM BYFORD-713-292-2868 Y L. BERRY-281-499-1551 DESCRIPTION COMM SURFACE COURSES CODE COUNTY ID# PLANT LOCATIO iiiiiiiilliP PLANT LOCATION 6303 NAVIGATION B R 9519 GAL STON 500 WARD STREET 2.3 HOT MIX APAHALTIC CONCRETE PAVEMENT HOU TX ANGLETON,TX 2.4 ASPHALT MIX TYPE D r t Price per ton 2.4.3 Price per ton as delivered to Jobsite 745.21 6782 4Calirr2.00 $55.00 Hauling First Mile 7494IS $2.75 $3.00 Hauling Each Additional Mile 7495 0 $0.25 $0.20 3.1.3 State Minimum truckload if iCrilirequired 17 TONS 15 TONS ‘iiiiin\ISiCLP CP REV 4/27/2018 Page 11 of 12 BRAZORIA COUNTY CONTRACT SHEETS MILEAGE ITB#16.33 ROAD MATERIALS•SURFACE COURSES BIDDERS NAME CENTURY ASPHALT LTD AMERICAN MATERIALS,INC. DATE OF BID OPENING 5303 NAVIGATION BLVD 10126 CASH ROAD THURSDAY,MARCH 31,2016 AT 11:00 A M HOUSTON,TX 77011 STAFFORD,TX 77477 11:00 A M„Local Time QUOTED BY PHILLIP KING JERRY L.BERRY TELEPHONE 0 713-292-2868 281-499-1551 FAX# 713-292-2885 281-499-1525 PERSON TO CONTACT FOR PLACING ORDERS DAVID VANEK-713-923-1988 JERRY L.BERRY-281-09-1551 PERSON TO CONTACT PGR BILLING ISSUES KIM BYFORD-713-292-2868 JERRY L.BERRY-281.499-1551 0ESCRIPTII N COMM SURFACE COURSES CODE COUNTY IDN •. - , . Plant Location Plant Location Plant Location 11011.0N .•.•.•.-. :: . : : . : . . . _ -. : . : 5303 NAVIGATION BLVD 9519 GALVESTO 500 WARD STREET . . - HOUSTON.TX 77011 HOUSTON.TX 77 .. . .. . .• ANGLETON.TX 77515 . : : •' , • County Facility mitaapa m go County Facility mllaaga . . . . • Airport 50 4 Airport 6 • Alvin Svc Ctr 28 #00\Ole Alvin Svc Ctr 23 Angleton Svc Ctr 56Angleton Svc Ctr 3 Camp Mohawk 3311Neve 25 Camp Mohawk 23 Clute Svc Ctr 44 43 Clute Svc Ctr 10 Hanson Park 57 Hanson Park 14 • • Manvel Svc Ctr28 Manvel Svc Ctr 24 - Mosquito Control 49 40 Mosquito Control 3 Quintana Cty Park 61 Quintana Cty Park 22 Resott Park 26 13 Resoft Park 23 . , • , : . , : San Luis Ct 71 60 San Luis Cly Park 30 W Colt 57 53 W Columbia Svc 14 "SI CPIIIIS".\ REV 4/27/2018 Page 12 of 12