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R2019-127 2019-05-20 RESOLUTION NO. R2019-127 A Resolution of the City Council of the City Of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase of hot mix asphaltic concrete from Century Asphalt, in the estimated amount of $1,000,000.00, for the period of June 3, 2019 through June 2, 2020. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby authorizes participation in an interlocal agreement with Brazoria County for the purchase of hot mix asphaltic concrete from Century Asphalt, in the estimated amount of$1,000,000.00. Section 2. That the City Manager or his designee is hereby authorized to execute a contract for the purchase of asphaltic concrete. PASSED, APPROVED and ADOPTED this the 20th day of May, A.D., 2019. (--\ )69-n `kri_d TOM REID MAYOR ATTEST: Eezi UNG 401\ 3c, ITY S-RETARY ` APPROVED AS TO FORM: 6C—DARRIN M. COKER CITY ATTORNEY • o' x(444, ���� (j ;��, City of Pearland '�L"kilia 3519 Liberty Drive '3, 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: Contractor will provide unit supply contract for hot mix asphaltic concrete pavement, for the City of Pearland, as needed, per the specifications of Brazoria County Contract#16-33, Resolution No. 2019-127. Contract Type: Unit Price Contract, Estimated Amount of$1,000,000. Effective Date: June 3, 2019 Termination Date: June 2, 2020 Renewal: No renewal options available at this time II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY O EARLAND: CONTRACTOR: 6-1/q1 Century Asphalt,Ltd. / "ir,PAse _ dget/Purch ing M. ager Date Title: Phillip King vice .s. nager Date: 06/03/2019 .461 *Si."' d by: late: City anager Assistant City Manager Director Superintendent/Manager *Contract Signature Authority: Superintendent/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 4 III. 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 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. Any provision contained in the Contractor's Additional Contract Documents that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Documents: 1. The contractor's response to Brazoria County Contract#16-33 shall be construed as additional contract documents. 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 as listed on the attached. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing hot mix asphaltic concrete pavement for the City of Pearland, as needed, per the specifications of Brazoria County #16-33. Pricing is as follows per contractor's response to the same, as listed below: See Exhibit B for ITB #16-33 Term: 4/26/19-4/26/20 Exhibit B BRAZORIA COUNTY CONTRACT SHEETS TABLE OF CONTENTS ITB#16-33 ROAD MATERIALS - SURFACE COURSES TERM: 4/26/2019 - 4/25/2020 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 MILEAGE 8 REV 4/26/2019 PAGE 1 OF 8 BRAZORIA COUNTY CONTRACT SHEETS HOT MIX ASPHALTIC CONCRETE PAVEMENT PICK UP&LOADED ONTO COUNTY TRUCKS ITS#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 Q QUOTED BY PHILLIP KING JERRY L.BERRY ii TELEPHONE# 7134924868 281-499-1551 713-292-2885 281-499-1525 PERSON TO CONTACT FOR PLACING ORDERS DAVID VANEK-713-923-1988 JERRY L.BERRY-281-499-1551 PERSON TO CONTACT FOR BILLING ISSUES KIM BYFORD-713-292-2868 JERRY L.BERRY-281-499-1551 SURFACE COURSES CODE COUNTY ID# 2.3 HOT MIX APAHALTIC CONCRETE PAVEMENT "Price increase approved 2.4 ASPHALT MIX TYPED 4/23/19 2.4.1 Price per ton bidder's plant! aiding loaded onto County trucks 745-21 6782 Price per ton Price per ton $52.00 $57.80 REV 4/26/2019 PAGE 6 OF 8 BRAZORIA COUNTY CONTRACT SHEETS DELIVERED TO JOBS/TE 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 11'00AM 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 JERRY L.BERRY-281-499-1551 PERSON TO CONTACT FOR BILLING ISSUES KIM BYFORD-713-292-2868 JERRY L.BERRY-281-499-1551 DESCRIPTION COMM SURFACE COURSES CODE COUNTY ID# PLANT LOCATION PLANT LOCATION 5303 NAVIGATION BLVD OR 9519 GALVESTON RD 600 WARD STREET 2.3 HOT MIX APAHALTIC CONCRETE PAVEMENT HOUSTON,TX ANGLETON.TX 2.4 ASPHALT MIX TYPE D Price per ton Price per ton 2.4.3 Price per ton as delivered to jobaite 745-21 6782 $52 00 557.80 Hauling First Mile 7494 $2.75 $3.00 Hauling Each Additional Mile 7495 $0.25 $0.20 3.1.3 State Minimum truckload if required 17 TONS 15 TONS REV 4/26/2019 PAGE 7 OF 8 BRAZORIA COUNTY CONTRACT SHEETS MILEAGE ITS S 16-33 ROAD MATERIALS-SURFACE COURSES BIDDERS NAME CENTURY ASPHALT LTD AMERICAN MATERIALS,INC. DATE OF BID OPENING 5303 NAVIGATION BLVD 10126 CASH ROAD THURSDAY,MARCH 31,2016 AT 11:00AM HOUSTON,TX 77011 STAFFORD,TX 77477 11:00 A.M.,Local Time QUOTED BY PHILLIP KING JERRY L.BERRY TELEPHONE# 713-292-2868 281499-1551 jailliiiimmo— 713-292-2885 281-499-1525 PERSON TO CONTACT FOR PLACING ORDERS DAVID VANEK-713-923-1988 JERRY L.BERRY-281.499-1551 PERSON TO CONTACT FOR BALLING ISSUES KIM BYFORD-713-292-2868 JERRY L.BERRY-281-499-1551 DESCRIPTION -,*i_T7`. - •COM41' SURFACE COURSES -CONI!l COUNTYIDit Plant Location Plant Location Plant Location 5303 NAVIGATION BLVD 9519 GALVESTON RD 500 WARD STREET HOUSTON,TX 77011 HOUSTON,TX 77034 ANGLETON,TX 77515 County Facnny mileage mileage County Facility mileage Airport 50 46 Airport 6 Alvin Svc Ctr 28 20 Alvin Svc Ctr 23 Angleton Svc Ctr 56 38 Angleton Svc Ctr 3 Camp Mohawk 33 25 Camp Mohawk 23 Clute Svc Ctr 44 43 Clute Svc Ctr 10 Hanson Park 59 57 Hanson Park 14 Manvel$vC Gtr 25 28 Manvel Svc Ctr 24 Mosquito Control 49 40 Mosquito Control 3 Quintana Cty Park 70 61 Quintana Cty Park 22 Resort Park 26 13 Resoft Park 23 San Luis Cty Park 71 64 San Luis Ctv Park 30 W,Columbia Svc 57 53 W Columbia Svc 14 REV 4/26/2019 PAGE 8 OF 8