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Item 4K - Memo
CITY OF SOUTHLAKE Item 4K MEMORANDUM (October 19, 2021) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve annual purchase agreements with Reynolds Asphalt & Construction Co. (RAC) for pavement resurfacing services and for the purchase of asphalt paving materials through Interlocal Agreements (ILAs) with the City of Grand Prairie and Tarrant County in an amount not to exceed $1,650,000 Action Requested: Approve annual purchase agreements with Reynolds Asphalt & Construction Co. (RAC) for pavement resurfacing services and for the purchase of asphalt paving materials through Interlocal Agreements (ILAs) with the City of Grand Prairie and Tarrant County in an amount not to exceed $1,650,000. Background Information: The Streets & Drainage Division requires the purchase of asphalt paving materials for the purpose of in-house smaller scope projects to build and repair streets. For larger scale projects, the Division contracts the services of RAC to resurface and reconstruct roadways that are part of the annual pavement rehabilitation program. This program aims to maintain the structural integrity of the streets while improving mobility and ride quality for motorists. The determination of roadway segments for the pavement rehab program is based on their Pavement Quality Index (PQI) scores. The PQI is a composite score of the road's structural integrity, surface quality, and ride quality determined by a third -party consultant. The City's target PQI average is 78, and the City's current PQI average, based off of 2,433 data points, is 80.0. In FY 2021, the Division completed 11 selected roadway segments including Westpark Circle North and South, T.W. King Road, and East Bob Jones Road. In addition, the Division also completed enhancements within Town Square with resurfacing of Federal Way from State Street to Central Avenue and Central Avenue from Federal Way to Main Street. For FY 2022, the Division plans to address approximately 8 roadway segments with a PQI average of 43.8. These roadway segments total 3.7 miles which will be resurfaced as part of the pavement rehab program. Page 1 of 3 Item 4K Below are the projects selected, along with their PQI scores, distance in linear feet, and estimated costs. The Division's goal is to complete all roadway segments by the end of the third quarter of FY 2022. FY 2022 Pavement Rehab Program — Scheduled Segment PQI Length (ft.) Est. Costs Briarwood Dr. 47.9 1,202.3 $ 94,920.08 Cherry Ct. 51.5 240.7 $ 17,951.75 Cherry Ln. 39.2 1,782.5 $ 141,258.40 Lilac Ln. 60.6 1,774.0 $ 136,573.02 Pine Dr. 39.2 1,872.4 $ 144,905.25 Raintree Dr. 31.3 679.7 $ 42,480.40 Shady Ln. 42.4 9,378.5 $ 593,833.88 Shady Oaks Dr. 39.0 2,632.3 $ 241,289.76 Est. Total $ 15413,212.54 Financial Considerations: The City's purchasing policy for these services is met through an ILA with the City of Grand Prairie for pavement resurfacing services, and with Tarrant County for the purchase of asphalt paving materials. On July 2, 2021, the City of Grand Prairie awarded its contract for pavement resurfacing services to RAC, contract RFB-21117; this contract comes with a one-year initial period and up to four renewal options (Attachment A). On October 20, 2020, Tarrant County renewed its contract 2019-264 to five supplies of asphalt paving materials; this is the first of two one-year renewal options (Attachment B). Under the Tarrant County contract, RAC did not increase their pricing for this period of performance, October 2020 through October 2021. The City of Southlake anticipates only using RAC due to favorable service history, price, and availability of Fine Grade Surface Course Hot Mix Asphaltic Concrete Type "D". Page 2 of 3 Item 4K For the past four fiscal years, the City has spent the following with RAC for the purchase of asphalt materials and pavement resurfacing services: • FY 2018, $ 610,725 • FY 2019, $ 401,066 • FY 2020, $ 1,495,630 • FY 2021, $ 1,124,913 Funding for these services is provided in the General Fund of the FY 2022 budget via the annual operating budget for the Streets & Drainage Division and the Capital Improvement Program budget. Expenditures will not exceed budgeted funds Strategic Link: This item links to the City's Strategy Map strategic focus areas of Mobility, Infrastructure, and Partnerships & Volunteerism. It specifically relates to the City's Corporate Objectives, C2: Provide Travel Convenience Within City & Region, B2: Collaborate With Select Partners To Implement Service Solutions, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcome is, CBO2: Enhance Mobility Through Aggressive Traffic Management Initiatives And Capital Project Implementation. Citizen Input/ Board Review: None. Legal Review: The agreement conforms to previous II -As that have been reviewed by the City Attorney. Alternatives: The City Council may approve or deny the purchase agreements. Staff Recommendation: Approve annual purchase agreements with Reynolds Asphalt & Construction Co. (RAC) for pavement resurfacing services and for the purchase of asphalt paving materials through Interlocal Agreements (ILAs) with the City of Grand Prairie and Tarrant County in an amount not to exceed $1,650,000. Supporting Documents: Attachment A: City of Grand Prairie Contract RFB-21117 Attachment B: Tarrant County Bid Contract 2019-264 Staff Contact: Rob Cohen, Director of Public Works Jack Thompson, Deputy Director of Public Works — Operations Page 3of3 Attachment A &Kmd I It T E IXXA!,S Dept: * Purchasing For: Public Works Contract Coversheet Contact Angi Mize Contact Name: Phone: * Vendor Reynolds Asphalt & Construction Co. Name: Contract 21157 ID: Bid 21117 Number: 8262 Contact amize@gptx.org Email: * Vendor ntankersley@reynoldsasphalt.com Email: Project Name: Pavement Resurfacing Services Summary: initial contract w/four renewals Permanent Retention* Yes No Contract Amount Total Contract Amount over all terms $ 4,340,450.00 $ 21,702,250.00 Account # Work Order # Dates Implementation Date 8/17/2021 Contract Approvals Department Manager: City Attorney Signature Termination Date Council Approval Date 8/31 /2022 8/3/2021 Date 8/10/2021 Date 8/10/2021 City Manager Signature WrIL1-J4k A- HiL -6 Date 8/18/2021 City Secretary Signature 'vr Date 8/19/2021 CITY OF GRAND PRAIRIE SERVICES PRICE AGREEMENT THIS CONTRACT is made and entered into this date by and between the CITY OF GRAND PRAIRIE, a Texas municipal corporation (hereinafter referred to as the "CITY"), and REYNOLDS ASPHALT & CONSTRUCTION CO. (hereinafter referred to as "VENDOR") and evidences the following: I. PURPOSE VENDOR shall provide pavement resurfacting services per bid award resulting from VENDOR's response to RFB #21117, submitted by Ned Tankersley, on July 2, 2021. II. DESCRIPTION OF SERVICES The services which VENDOR shall provide for the CITY shall include the following: A. VENDOR hereby covenants and agrees that VENDOR. is to work closely with the CITY' s Public works Director or their designee, and/or other appropriate officials of the CITY, and that VENDOR is to perform any and all tasks required of VENDOR to fulfill the purposes of this Contract. B. VENDOR and the CITY covenant and agree that VENDOR shall perform all of the services and work contained in CITY specifications and VENDORS bid to CITY (attached hereto as "Exhibit A"); said document being part of this Contract and incorporated in its entirety herein. The parties agree that should there be any conflict between the terms of the incorporated document and this Contract, the provisions of this Contract shall control. The parties understand that quantity of services to be furnished to the City is an estimate and that the City may order more, less, or none of the services depending on the projects and the work of the City that requires the services. The price of the services shall remain constant throughout the term of contract. C. VENDOR expressly covenants and agrees to provide the CITY with such written reports or documentation of guaranties as may be required by the scope of the submittal. III. PERFORMANCE OF WORD VENDOR or VENDOR'S associates and employees shall perform all the work called for in this Contract. VENDOR hereby covenants and agrees that all of VENDOR'S associates and employees who work on this project shall be competent and fully qualified to do the work described in this Contract, the services performed shall be performed in a good and workmanlike manner, and the finished product shall be fit for the particular use(s) contemplated by this agreement. CONTRACT FOR PRICE AGREEMENT — RFB # Page 1 of 7 (City Standard Form --Revision June 2021) IV. PAYMENT The CITY shall pay to VENDOR a sum not to exceed those unit prices, or percentage discount from list price where applicable in the submittal for the purchase of services designated herein and in no event shall total payments under the base contract exceed $4,340,450.00 without additional approval. VENDOR'S invoices must be delivered to the attention of the department placing the order. The city will pay invoices as work is completed and within 30 days after receipt of an invoice or certification by the City that the work is performed in a good and workmanlike manner, whichever is later. Payment will be made by means of a City issued check, an ACH, or with a City issued Procurement Card (Mastercard). V. TERM OF THE CONTRACT This Contract is for an initial term of one year with the option to renew for four additional one year periods. This Contract is effective as of August 17, 2021. No new orders shall be accepted, against this Contract term, after midnight on August 31, 2022. Contract shall terminate upon completion of all requirements for orders placed by said date, unless the parties mutually agree in writing to extend the term of the Contract through allowable renewal option, or unless otherwise terminated as provided in Paragraph xVI herein. The parties shall evidence the renewal in writing, with any additional terms set out in the said writing. VI. CONTRACT ASSIGNMENT VENDOR and the CITY hereby covenant and agree that this Contract provides for services and that these services are not to be assigned or sublet in whole or part without the prior written consent of the CITY. VII. CONFLICT OF INTEREST VENDOR hereby covenants and agrees that during the Contract period that VENDOR and any of VENDOR'S associates and employees will have no interest nor acquire any interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by VENDOR.. pursuant to this Contract will be conducted by employees or associates of VENDOR.. VENDOR further covenants and agrees that it understands that the Code of ordinances of the City of Grand Prairie prohibits any officer or employee of the CITY from having any financial interest, either direct or indirect, in any business transaction with the CITY. Any violation of this paragraph which occurred with the actual or constructive knowledge of VENDOR will render this Contract voidable by the CITY. CONTRACT FOR PRICE AGREEMENT M RFB # Page 2 of 7 (City Standard Form —Revision June 2021) VIII. CHANGE IN WORK The CITY, through its Purchasing Manager or their designee, may request changes in the scope and focus of the activities and duties called for under this Contract. Any such change which, in the opinion of VENDOR or the CITY varies significantly from the scope and focus of the work set out herein or entails a significant increase in cost or expense to VENDOR must be mutually agreed upon by VENDOR and the CITY. The parties herein acknowledge that any change in the scope or focus of the work which results in the increase in compensation to VENDOR of the fee stated in Paragraph IV hereof must first be approved by the CITY's Purchasing Manager, City Manager or City Council, where applicable. Ix. CONFIDENTIAL WORK Any reports, designs, plan, information, project evaluations, data or any other documentation given to or prepared or assembled by VENDOR under this Contract shall be kept confidential and may not be made available to any individual or organization by VENDOR without the prior written approval of the CITY except as may be required by law. X. OWNERSHIP OF DOCUMENTS VENDOR acknowledges that CITY owns all notes, reports, or other documents, intellectual property or documentation produced by the vendor pursuant to this agreement or in connection with its work which are not otherwise public records. VENDOR acknowledges that CITY shall have copyright privileges to those notes, reports, documents, processes, and information. VENDOR shall provide CITY a copy of all such notes, reports, documents, and information (except to the extent that they contain confidential information about third parties) at CITY expense upon written request. XI. NONDISCRIMINATION As a condition of this Contract, VENDOR covenants and agrees that VENDOR shall take all necessary actions to ensure, in connection with any work under this Contract, VENDOR, VENDOR'S associates, sub -vendors, and employees will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical or mental handicap, either directly or indirectly or through contractual or other arrangements. In this regard, VENDOR shall keep, retain, and safeguard all records relating to this Contract for work performed hereunder for a minimum period of three (3) years from final contract completion, with full access allowed to authorized representatives of the CITY upon request, for purposes of evaluating compliance with this and other provisions of the Contract. VENDOR verifies that it does not "boycott Israel" as that term is defined in Tex. Govt. Code §808.001 and will not boycott Israel during the term of this contract. CONTRACT FOR PRICE AGREEMENT — RFB # Page 3 of 7 (City Standard Form --Revision June 2021) XII. INDEPENDENT VENDOR By the execution of this Contract, the CITY and VENDOR. do not change the independent vendor status of VENDOR. No term or provision of this Contract or any act of VENDOR in the performance of this Contract may be construed as making VENDOR the agent or representative of the CITY. All employees of VENDOR shall perform their duties under the supervision of VENDOR, which shall have the exclusive right to dictate to the VENDOR'S employees how to perform their tasks. VENDOR agrees and covenants that each of its employees will be properly qualified and will use reasonable care in the performance of the assigned duties. VENDOR shall post all applicable warning signs if such work- will disrupt normal traffic or workplace activities. XIII. WARRANTY, HOLD HARMLESS, AND INDEMNITY VENDOR warrants that the services it performs for CITY will be performed in a good and workmanlike manner, and that any items delivered to the CITY under this contract will be fit for the particular purpose for which it was furnished. VENDOR shall defend, indemnify, and hold the CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by, the execution or performance of this Contract or any of VENDOR'S activities or any act of commission or omission related to this Contract of any representative, agent, customer, employee, sub -vendor or invitee of VENDOR or any representative, agent, employee, or servant of the CITY. If an item is covered by a manufacturer's warranty, it is the responsibility of the VENDOR to obtain the information for CITY and to get the manufacturer to honor the warranty. xIV. INSURANCE Prior to the commencement of work- under this Contract, VENDOR shall obtain and shall continue to maintain at no cost to the CITY, in full force and effect during the term of this Contract, a comprehensive liability insurance policy with a company licensed to do business in the State of Texas and rated not less than "A" in the current Best Key Rating Guide, which shall include bodily injury, death, automobile liability, worker's compensation, and property damage coverage, in accordance with any CITY ordinance or directive. The minimum limits for this coverage shall be $1,000,000.00 per occurrence 1$2,000,000 aggregate for general liability and for property damage, and $1,000,000 combined single limit for automobile liability unless modified in accordance with any ordinance or directive. Insurance obtained by VENDOR shall be primary and noncontributory, and CITY shall be named as an additional insured under the general liability and automobile policies. A provision shall be incorporated in the policies whereby CITY shall be given at least thirty (30) days prior notice of any material change in coverage or of cancellation of such policies, and VENDOR shall provide the City with a copy of any such notice of material change in coverage or cancellation of any such policies, within three (3) business days of its receipt of such a notice. For purposes of this section, a material change in coverage includes, but is not limited to, a reduction in coverage below the amounts required under this agreement. VENDOR shall provide a waiver of subrogation in favor of the CITY on all coverages and represents that it has taken all actions necessary under the policy or policies for the City to have the status of additional insured and to effectuate any required waiver of subrogation. VENDOR shall furnish the CITY with original copies of the policies or certificates evidencing such coverage prior to commencement of any wort- under this Contract. CONTRACT FOR PRICE AGREEMENT - RFB # Page 4 of 7 (City Standard Form -Revision June 2021) 4&.... - t ...-_p ..'� -- '� This Contract contains the entire commitments and agreements of the parties to the Contract. Any verbal or written commitment not contained in this Contract or expressly referred to in this Contract and incorporated by reference shall have no force or effect. XVI. TERMINATION The CITY may, at its option and without prejudice to any other remedy to which it may be entitled at law or in equity, terminate further work under this Contract, in whole or in part, by giving at least thirty (30) days prior written notice thereof to VENDOR with the understanding that all services being terminated shall cease upon the date specified in such notice. The CITY shall equitably compensate VENDOR., in accordance with the terms of this Contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the CITY. VENDOR shall not, however, be entitled to lost or anticipated profits should the CITY choose to exercise its option to terminate. XVII. VENUE The parties to this Contract agree and covenant that this Contract will be performable in Grand Prairie, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Dallas County, Texas. XVIII. APPLICABLE LAWS This Contract is made subject to the existing provisions of the Charter of the City of Grand Prairie, its rules, regulations, procedures, and ordinances, present and future, and all applicable laws of the State of Texas and the United States. XIx. FIREARM AND AMMUNITION INDUSTRY CONTRACT VERIFICATION VENDOR verifies that, in accordance with the terms defined in Section 2274.001 of the Texas Government Code, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and that it will not during the term of the contract discriminate against a firearm entity or firearm trade association. xx. CONTRACT INTERPRETATION The parties to this Contract covenant and agree that in any litigation relating to this Contract, the terms and conditions of the Contract will be interpreted according to the laws of the State of Texas, without regard to any conflict of law rules. CONTRACT FOR PRICE AGREEMENT — RFB # Page 5 of 7 (City Standard Form —Revision June 2021) XXL NOTICES All notices, requests, or other communications (excluding invoices) hereunder must be in writing and transmitted via overnight courier, email, hand delivery, or certified or registered mail, postage prepaid and return receipt requested to the CITY and VENDOR as follows: CITY: City of Grand Prairie ATTN: Angi Mize, Sr. Buyerl Purchasing Division 300 Main Street, Grand Prairie, Tx 75050 PO Box 534045, Grand Prairie, Tx 75053-4045 Phone 972-237-8262 1 Email purchasingfax@gptx.org Accounts Payable Contact: accountspayable@gptx.org City of Grand Prairie ATTN: Dane Stovall, Public works/Streets 1821 S SH 161, Grand Prairie, TX 75052 PO Box. 534045, Grand Prairie, Tx 75053-4045 Phone 972-237-82561 Email dstovall@gptx.org VENDOR: Reynolds Asphalt & Construction Co. ATTN: Ned Tankersley 8713 Airport Frwy #100, North Richland Hills, TX, 76180 Phone 817-267-3131 1 Email ntankersley@reynoIdsasphalt.com Any notice required or desired to be given to either party hereto shall be deemed to be delivered: (i) on the date of delivery, if hand delivered or emailed; (ii) one (1) day after sending, if sent by overnight courier; or (iii) three (3) days after the same is deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by registered or certified mail, return receipt requested, and addressed to such party at the address hereinafter specified. Either party hereto may change such party's address for notice to another address within the United States of America, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. XXII. SEVERABILITY In the event that any provision contained in this Contract is held to be invalid, illegal, or unenforceable i11 n any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in the Contract. CONTRACT FOR PRICE AGREEMENT — RFB # Page 6 of 7 (City Standard Form --Revision June 2021) XXIII. RIGHT OF REVIEW VENDOR covenants and agrees that the CITY, upon reasonable notice to VENDOR, may review any of the work performed by VENDOR under this Contract. XXIV. WAIVER OF ATTORNEYS FEES VENDOR and CITY expressly covenant and agree that in the event of any litigation arising between the parties to this contract, each party shall be solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other party's attorney's fees regardless of the outcome of the litigation. XXV. NON -COLLUSION VENDOR represents and warrants that VENDOR has not given, made, promised, or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the CITY under this Contract. VENDOR further agrees that VENDOR shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the CITY under this Contract) for any of the services performed by VENDOR under or related to this Contract. If any such gift, bonus, commission, money, or other consideration is received by or offered to VENDOR, VENDOR shall immediately report that fact to the CITY and, at the sole option of the CITY, the CITY may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to VENDOR under this Contract. EXECUTED this the day of CITY OF GRAND PRAIRI . TEXAS W y: Deputy City Manager ATTEST: "A �- fir Mona Lisa Galicia, City Secretary APPROVED AS To FORM: Pj Me2an Mahan, City t torney �ByT'iffany Bull, Assistant City Attorney CONTRACT FOR PRICE AGREEMENT — RFB # (City standard Form —Revision June 2021) 8/19/2021 REYNOLDS ASPHALT & CONSTRUCTION CO. 6� By, Printed Name: I C/ I Title:Vj'C,-( Page 7 of 7 Exhibit A Dreau� Big �=' Play Hard CITY OF GRAND PRAIRIE, TEXAS REQUEST FOR BIDS RFB :# 21117 --- Pavement Resurfacing Service DUE DATE: PRIOR. To 2PM JULY 2, 2021 DUE To: Angi Nye, Interim Purchasing Manager Purchasing Division NVMV. , ublieourcliase.goin Grand Prairie, Texas 75050 Late res onses will be unopened and. not acce ted for consideration, The City of Grand Prairie is not responsible for lateness or failure of timely delivery via mail (whether delays are internal/external), carrier, etc. Please ensure you allow time to provide your response timely so that you may be properly considered. EMAIL BIDS WILL NOT BE ACCEPIT- I�. RFB #21117 Pavement Resurfacting service Table of Contents ADVERTISEMENT FOR BIED S rasaR►Raaarat.r*..srrra►rfr#.rrr.ra.arrr.arm►att►tramove* R►.sras.i.tra.arararRa.raia00*006trra3 11 PRO,JECT SCOPE ■.aa..sa.rra.ram►rraaas.aa..a►a.srraaaaa►a►►aa►a►►►tafa►a.►asaaaaaaaarraim ra.a•s.r..s•.rwaaarw.a.r.ar..a 4 1. HOT MIX ASPHALT CONCRETE [HMAC�.fsatrtaa■tsar.r►mama..••aataf•a•aaaaatataaarrarrasrrrrr.rsa. 4 3. OVERLAYING OF EXISTING ST—R—RETS *owe t.armirfr****a al►m►.art.,ar....rr.fr.r.t/.rarrr.r\.iR.m►l.1.4 4► UTILITIES*staatfa.aafaaisaaafmassaatrs►r►af►r.■a.aaf.trm.asartarsaaaaaaarata.aasaa►araaaaas.atmastafsassfatf arrrr..m.aws.t.rr 4 5. WATER FOR CONSTRUCTION arra.a/r.srrawa.....rwwarrs.rrwraa.rrrrarrr•rfr■rrrarrrwata►a■aaa►...►raar.rr.ar"[ 6, START OF CONSTRUCTION aalaasaarsraaasaaaaammaaataf.rflafsr►a►aasraaatarar..rrsa■f.••aa.sasa.•ssaiaaa.satfa 5 'fir WORKING HOUlIS rasa..araas..rar►rrar..r•aaa.aatarr.ssasssrassat►sa►•ataR■trfrrsartraiaafaaraaaa!►raaatararrrararr.rr 5 S. TRAFFIC CONTROL.............. 0#0060 006*0000060 9000*900090 0000#0 5 9. WORK ZONE MAINTENANCE rrar.wrarrrraatwboo taR■r.asrsr/rrr.raasraawrrarss..wrswrra►.■watrRraa►aaasaago aa/ f 10, P RI ■ ATE P ROPERT N ERN taRr►tmma►Rs.rs.trrar.►•r.rrrrrr.rrrtssrrs.a.trrraraaaraarsrsftrrarraaasa. 6 Ile BACKFLL AND CLEANUP fffsaftraaaassaiataaa►mat►►srta/s..rasrraar.ara..■a.arts►aaaw••raarwasa..aa.ara.aafa►afa 12, FINAL INSPECTION.. 00,00sa **boom Boo 8 0000000aaRr99aa..6 13. PAYMENT ANI] INVOICING rat+/...a/a■.••iaraai.mamma►mama►►►►aaaRRR►/a►.r.aaarr■►tawr.rwr.rarrraraarrr/ra►.aa� 14, VENDOR OR RESPONSIBILITIES s.t.*rrarrrr.arrr.as..rrveep ss.f.r■raaa.*woos . too see* ra■.rspea / 15. VENDOR QUALIFICATIONS mat.ras.►a..tra.rs►r.a.rr.aaraaaar►mart►sraaarm.a..►aar•rftrratsaasa►sat.sR/at.f*far[] 16a SAFETY RE' QUIREMENTS...a.s.r,raastas.ata...as.a.ssRs..sass..a.raraararw.+r...a.s..t..as....rratas.s.s..a..rs S 17. PROCUREMENT SCHEDULE rrs.rr.rarsf....aaa.aaa►arm*sra.ta►a.r...rr.asrs...arrrrrrrraraarwsrraaa.rra.fsra.r9 18, CONTACT ...................... 100*99166froolf 00 mean stave *imo Owe 00 0 as 6044 0 668 9 1 9f BID EVALUATION ... wasrrrrs...*rrwarrrrrrssraarr.arrasrrrs.sayIra►rrrr.as.rrra.rarrrarrrsrsara►R►rams/+irraara sasr.rr9 20, EVALUATION CRITERILAfas►+w*s*ssara+oar.aaaa+ataa/***.oast*aaaaa asfsfssRssRstt►as.atts0R.*to so* *►rass■ra.aas.rr J 21, SUBMITTAL RESPONSE GUI]] ELINES ..arm►..aaaaaraataaa*seesat►aRa.aaRara.r.aa.wboom mammon a►.rrrrfr 10 22, BONDS**** 0 0000 of** 04000 at*** 00*0 as 0*0**00 message* Poe*oO***$ 6460 04,#*64 *a** ****woos 0 00 age 00000006 10 23, AGREEMENT TERMS AND AWARIl.aaa.►Rr.rwarmar.rrrrrrrr.rr.rrwrrrsrrarrassa►oar►a►aaa+►sfaa.►arrs►R 10 SOLICITATION S TANI3ARII TERMS AND CONDITIONS .aaa►assaraaao.rrt►rafrarsaraRa.rrwrwasaraaa► 11 SUBMITTAL FORMS rr►rrrsasa■r..asararaaarsrsraaa..aaa►ta.aasaa.atsr■rrr.rsrar+rrorrrsrr■rrrrr•rr•tsa►a.sr.s.aaaafalafa►rare• 14 E RFB #21117 Pavement Resurfacting Service 2 CITY OF GRAND PRAIRIE ADVERTISEMENT FOR. BIDS Sealed bids will be received via www.PubliePurchase.com until July 2, 2021, at 2:00 PM, and publicly opened and read via teleconference for the purchase of the following: BID # 21117 —Pavement Resurfacing Service Further information and specifications may be obtained at www.publicpurchase.com, www.gptx.org, or from the Purchasing division at (972) 237-8262. The city reserves the right to reject any or all bids and to waive fon-nalities. The city also reserves the right to purchase these items through state awarded contracts or other intergovernmental agreements when it is in the best interest of the city. Publish: June 13'h& June 2CP, 2021 RFB #2111 T Pavement Resurfacting Service 1. PROJECT SCOPE It is the intent of this specification to obtain an annual price agreement for the purchase of pavement resurfacing services for the City of Grand Prairie Street Maintenance Division. These services shall include but are not limited to cleaning, preparing surface, placing tack coat and overlaying with hot mix asphalt concrete paving of city streets. All construction shall be in accordance with this specification and standards published by North Central Texas Council of Governments (NCTCOG). This contract will begin on or after August 17, 2021. 2. RIOT MIX ASPHALT CONCRETE PAVEMENT — (HMAC) 64-22 2A Material and placement must meet specifications in accordance with the latest TxDDT Standard Specifications for Construction of Highways �llN� �w.dot.state.tx.us/biasinesslspecif cations.1itinl except that the asphalt content of asphaltic concrete mi-ktures shall be not less than four percent (4%) and not greater than eight percent (8%). Product must be non -toxic to fish and other aquatic life. 2.2 The mileage haul from plant shall be determined along the nearest and shortest route from the plant to the job site. 2.3 Materials laid and finished by the bidder shall be compacted to not less than 96% compaction tested by laboratory based on the Texas Test Method 227F. 2.4 MSDS sheets must be provided with products where applicable. 3. OVERLAYING OF EXISTING STREETS 3A The street surface of the existing pavement shall be cleared of grass, weeds, and swept prior to placing of the overlay. 3.2 S S I (emulsion) shall be placed and used prior to placing HMAC overlay and shall cover entire area as per NCTCOG public works standards l //AA Nr"7.rrietcoL,.:orb/eiiv_'lr/ IE]-)eNfEx/ )ubworks/stasidard;:.a p.. Contractor shall supply' all neeessa�y materials and equipi"ent to tack sub -grade prior to placing HMAC Type "D" surface course as outlined in the specification. 3.3 Driveways will be resurfaced back to the property line, with clean joint at tie in. 4. UTILITIES 4.1 The contractor shall retain full responsibility for adjusting all public utilities and protecting same against damage during the life of the project. 4.3 The contractor is responsible for arranging all locates within rights -of -ways. 4.3 Contractor shall adjust to final grade all existing valves and utilities. The manhole and valve adjustments shall be paid for as per bid pay items. Contractor shall be responsible for providing all manhole rings, valves, lids, etc., for the adjustment/placement to finished grade of street. They shall meet the City Standard Details for design. 5. WATER FOR CONSTRUCTION 5A The contractor shall pay for water for the project. The contractor will be required to make application and deposit for a construction meter with the City of Grand Prairie Water Utility Customer Services Division. RFB #21117 Pavement Resurfacting Service 6. START of CONSTRUCTION 6.1 The successful bidder agrees that projects will begin within seven (7) days of written notice and assurance of work order from the City. 6*2 The contractor shall pick up two portable (2) signs from city Street Department and place at each end of their project to inform citizens that this is a Sales Tax Project. Signs shall be returned to the Street Department at the completion project. Signs shall not be removed until contractor has permission by the City. 7. WORKING HOURS 7,1 No street, lane, or alley closures will be allowed on weekends or holidays (listed below) and working times are 7: oo am to 5:00 pm (except on major thoroughfares) Monday through Friday; except as herein written in specifications. 7.2 Holidays New Year's Day — January 1 M Martin Luther Ding's Birthday -- January 15 A Memorial Day — Last Monday in May Independence Day - Jul 4 M Labor Day -- First Mon ay in September Thanksgiving — Fourth Thursday and Friday in November P Christmas -� December 24th & 25 th 8. TRAFFIC C ONTRO L 8.1 The contractor shall provide construction and maintenance signs, construction lights, barricades, channelizing devices and flagmen as required to provide for the safety of the traveling public. These items shall be in accordance with the recommended practices of the latest version of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (M.U.T.C.D.) d.h��n1} . 8.2 Traffi' control will be broken into the following two categories: Residential: The contractor will be required to provide all traffic control on residential streets as part of the unit cost. Thoroughfare: Traffic control on thoroughfares will be paid for as a separate unit cost as provided in the contract. Thoroughfare street work cannot begin prior to 8:45 am and must be clear by 4:30 pm unless prior written approval is given by city. 8.3 No street shall be closed except upon written authority from the city. 8A Contractor shall submit a traffic control plan for approval four (4) days prior to starting work at any location. All barricades, detour signs for total closure of the street, and all maintenance of signs and removals upon completion of project shall be in accordance with Texas M.U.T.C.D. 8.5 All street work and closures will require a four (4) day notice to public. 8.6 Construction signs shall not be removed from the project until approved by the city. 8.7 At the end of each day, the contractor shall prepare the work to the satisfaction of the city to ensure safe driving at night; and shall place temporary pavement markings and maintain it until the city has approved the final inspection. 8.8 Contractor shall provide all temporary pavement marking as needed and placed before removal of barricades for the safety of public until permanent markings are installed by owner. RFB #2111 7 Pavement Resurfacting Service 9. WORK ZONE MAINTENANCE It shall be the sole responsibility of the contractor to maintain the work zones during all phases of construction. This will include any repair or maintenance work needed due to delays from weather, scheduling, etc. 10. PRIVATE PROPERTY CONCERNS 10.1 It shall be the contractor's responsibility to relocate any mailboxes and vehicles as may be necessary during the various stages of the projects. 10.2 It shall be the contractor's responsibility to cooperate with the property owners on all construction work to be performed. 10.3 Contractor shall not use property owner's water or place temporary sanitation facilities on private property. 10.4 Proper sanitation requirements for contractor's employees shall be provided by contractor at no cost to the city or private property owners. 10.5 All private agreements between the contractor and property owners are not binding on the City of Grand prairie. 1.0.6 boor hangers will be provided by the city for the contractor to distribute to the property owners. All door hangers must be distributed a minimum of 72 hours prior to construction beginning, at the contractor's expense and as requested by city. 11, BACKFILL AND CLEANUP 11.1 The street can only be opened to traffic after the new asphalt is in place, compacted, temporarily striped (tabs or tape), cleaned up and approved by owner. 11.2 All areas disturbed by the contractor will be returned to their original condition to include grass, sprinkler systems, etc. 11.3 Contractor shall complete all backfilling and clean up within ten (10) business days of completing the placement of 2" HNIAC. 11.4 All excavated earth in excess of that required for back filling shall be removed from the job site and disposed of, at contractor's expense, in a satisfactory manner except in locations where, in the judgment of the City and property owner, it can be neatly spread over the adjacent area. 12, FINAL INSPECTION 12.1 whenever the work provided for and contemplated under the contract has been satisfactorily completed and the final clean up performed, the representative authorized to accept sane will snake the "Final Inspection". Such inspection will be made within ten (10) days after written notification. After final inspection, if the work is found to be satisfactory, the contractor will be notified in writing of the acceptance. No time charge will be made against the contractor between said date of notification of the representative in charge and the date of final inspection of the work. RFB #21117 Pavement Resurfacting Service 6 13. PAYMENT AND 1NVOICING 13.1 Payment,- The City will authorize payment upon satisfactory completion, inspection and acceptance by the City. All work will be performed in accordance with the outlined quote and purchase order furnished by the city. Vendors are subject to non- payment for any/all unauthorized work. 13.2 Material Tickets The contractor shall provide the city with copies of all material tickets and certified weight tickets incorporated in the job daily. This requirement must be met to ensure quality control and quality assurance and proper payment to contractor. Any failure to provide tickets by the end of the day will result in the stoppage of the next day's planned activities and/or nonpayment of work until tickets are provided, 13.3 Unsatisfactory work The city shall not pay for work that is deemed not meting minimum specifications. The contractor will be given a reasonable opportunity to correct the deficiency. Failure of the contractor to correct the deficiency will be ground for non-compliance and termination of the contract and/or nonpayment. 13.3 Invoicing - The following requirement applies to all invoices. Invoices must reference a purchase order number and have attached a copy of the matching estimate(s). The invoice should include the following. R Purchase Order number a Invoice number Total Hours Charged Contract rates Original cost for parts & cost after mark-up Total amount due 14. VENDOR RESPONSIBILITIES 14.1 Supervision -- The Vendor shall, during all periods of contract performance, provide competent supervision of his employees to assure complete and satisfactory fulfillment of the work and the terms of this contract. The Vendor or a capable, fully authorized representative must be immediately available during all work activities to receive all special instructions from the City agent. 14.2 Defective work and Damages — The Vendor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any/all City facilities caused by its activities. Restoration and correction shall be to the complete satisfaction of the City. This shall apply to any part of a building, its appurtenances, the adjacent grounds, or any other tangible damage incurred in the performance of the Contract. Any damage will be immediately reported to the Street Services Manager or his agent. Failure by the vendor to proceed promptly with corrective actions may be cause for cancellation of this contract with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the vendor. 14.3 warranty - All work performed under this contract for the City of Grand Prairie shall be warranted for a period of two years. If within two years, after acceptance of work, any of the work is found to be defective or not in accordance with the contract, the contractor shall correct it promptly after receipt of written notice from the owner. RFB #21117 Pavement Resurfacting Service 15. VENDOR QUALIFICATIONS 15.1 Vendor must be engaged in the business of providing pavement resurfacing services for a minimum of five years within the last seven years. 15.2 Vendor must be in good financial standing, not in any form of bankruptcy, current in payment of all taxes and fees such as state franchise fees. The City reserves the right to request a copy of vendor's audited or un-audited financial statement, when financial statements are requested, the City will review the vendor's audited or un- audited financial statement to this solicitation in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the vendor's financial resources and ability to perform the contract or provide the service required in the solicitation. The City will be the sole judge in determining the sufficiency of the vendor's financial resources and ability to perform the contract or provide the service. 15.3 Vendor must provide a list of three (3) governmental or commercial references for work of a similar scope to this specification. The Vendor shall choose references that illustrate the Vendor's ability, capacity, and skill to perform the contract as specified. 16. SAFETY REQUIREMENTS 16.1 The Vendor must be thoroughly familiar with all prevailing safety measures pertinent to its operation and shall meet or exceed those measures. This shall include, but not necessarily be limited to Environmental Health Agency (EPA) regulations, State of Texas regulations, local city ordinances, and Occupational Safety and Health Agency (OSHA) regulations. In addition, the Vendor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect. 16.2 Vendor will provide all required safety signage, barricades, and flashers/strobes. 16.3 All employees shall follow all applicable safety procedures, have appropriate safety training certification when required by federal or state law, have immediate access to all appropriate safety equipment, and shall be trained in the use of that equipment. 16.4 All vehicles shall have proper safety signage, be fit for their intended purpose, and meet all OSHA, and State of Texas requirements. 16.5 Vendors discovered working without necessary safety devices or equipment in place gill be required to stop all work in progress until adequate equipment has been obtained and approved by to the Contract Administrator. 16.6 Any hazardous condition or any damage to City property is to be immediately reported to the City Contract Administrator. 16.7 Vendor will not permit unsafe practices. Examples of unsafe practices include but are not limited to: using inappropriate equipment for the job, operating or removing chains or other safety devices from equipment, traveling with an operator sitting in the back of a pickup truck with the tailgate lowered and operating equipment at excessive speed. Unsafe practices will be grounds for termination of the contract. RFB #21117 Pavement Resurfacting Service 17. PROCUREMENT SCHEDULE The projected schedule for this procurement is as follows: Activity Target hates Release Bid Monday, June 14, 2021 Deadline for Questions wednesda , June 23, 2021 Res onses to Questions Thursday, June 24, 2021 Deadline for Receipt of Bids Friday, July 2s 2021 I. -Council Date Tuesda , Au st 3rd 2021 18. CONTACT information, questions or clarification concerning the intent of this RFB should be in writing and addressed to Angi Mize at amize tx. r by 4:00 p.m. (CST) of the Deadline for Questions outlined in the Procurement Schedule. City of Grand Prairie's response to questions and requests for clarification will be posted to Public Purchase 19. BID EVALUATION Award will be based on responsive bids hest value as outlined in the Evaluation Criteria below. The City of Grand Prairie reserves the right to accept or reject any and all bids in whole or in part and waive any informality in the competitive bid process. Further, the city reserves the right to enter into any contract deemed to be in the best interest of the city. 20. EVALUATION CRITERIA The following evaluation criteria will be utilized in the selection of a vendor: RFS #21117 Pavement Resur#acting Service 9 21, SUBMITTAL RESPONSE GUIDELINES Vendor response to this Request for Bid shall include; 21.1 Completed and signed proposal check list. 21.2 Bid Pricing Form filled in with unit prices, extended prices, and total. 21.3 Questionnaire and References pages 1 - 2 answered. References provided should be for similar work/projects with up to date contact informati on (phone and email). 21.4 Bid Affirmation form reviewed and signed. 21.5 Completed Historically Underutilized Business Questionnaire and Completed House Bill 89 Verification Form. 22. BONDS 22.1 Payment & Performance Bonds - Each Contractor shall have in effect a Payment Bond and Performance Bond to cover the costs of all of the projects in which they are currently performing services. At a minimum, each Contractor shall have a Payment Bond and Performance Bond in the amount of $500,000.00. If the total cost of all the public works in progress exceeds such amount of the Bonds, then the Contractor will be required to get additional Bonds so that all costs of all of the projects currently in progress will be covered. The Bonds will be worded such that they cover all of the public works that are covered by specific terms of this price agreement, whether each street or project is separately designed on such bond. The Streets Division of the City of Grand Prairie shall work with the Contractor to calculate the costs of all of the projects in progress at any time. If the total amount of costs for the work in progress is greater than the amounts of Performance and Payment Bonds in effect, the Contractor shall either increase amount of bonds or reduce the amount of work in progress at any time. 22.2 Maintenance Bond will be in the cumulative amount of payments made to each individual Contractor, or there will be a separate Maintenance Bond for each public work, at the option of each Contractor, but such bond shall remain in effect for two years from the date of acceptance of each project. 23. AOREEME T TERMS AND AWARD The term of the agreement will be for an initial one --year agreement with the option to renew for up to four (4) additional one-year periods. The price agreement shall be awarded to the vendor(s) submitting the bid(s) deemed to be in the best interest of the City. The City may award one Primary and one Secondary vendor by portions or for the entire bid. The City of Grand Prairie may award to a single vendor, multiple vendors, or use any combination that serves the best interest of the City. Successful Vendor will enter into a contract with the City for an annual agreement in accordance with the terms and conditions found within. RFB #2 1117 Pavement Resurfacting Service 10 SOLICYTATION STANDARD TENNIS AND CONDITIONS 1.. INSTRUCTIONS: These standard terms apply to all 12. ADDENDA: Any interpretations, corrections or changes to solicitations. these specifications will be made by addenda. Sole issuing authority of the addenda shall be vested in the City of Grand �. BEST INTEREST: The City reserves the right to reject any Prairie Purchasing Department. Addenda will be mailed #o all or all responses and to waive formalities, The City also reserve who are known to have received a copy of this solicitation, It the right to purchase through State awarded contracts or other i$ the responsibility of proposers to ensure they have received intergovernmental agreements when it is in the best interest of and understand any issued addenda, the City. 3. PRICING: Price(s) quoted must be held firm for ninety (90) days to allow for evaluation unless otherwise noted in this document 4. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shalt be made on the basis of this statement. 5. F.O.B.; All shipping shall be F.O.B. Destination. 6. COOPERATIVEAiNTERLOCAL PURCHASING: If the vendor checked yes on the submittal affirmation form to allow for Interlocal Purchasing the following will apply; Government Entities utilizing Inter -Governmental Contracts with the City of Grand Prairie will be eligible, but not obligated, to purchase goods and services under this contract (s) awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Grand Prairie will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Grand Prairie will not be responsible for another Governmental Entity's debts, Each Governmental Entity will order their goods and services as needed. 7. SPLIT AWARD: The City of Grand Prairie reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. S. WITHDRAWAL OF RESPONSE TO SOLICITATION: A response may not be withdrawn or cancelled by the vendor for a period of ninety (90) days following the date designated for the receipt without approval by the City, 9. ERROR -QUANTITY: Submittals must be made on units of quantity specified, extend, and show total(s). In the event of discrepancies in extension, the unit price shall govern, I.O. LATE SUBMITTALS: Submittals received after the submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Grand Praise is not responsible for lateness from any carrier for any reason, 11. TAXES: The City of Grand Prairie is exempt from Federal Manufacture's Excise, and State Sates taxes. TAX MUST NOT BE INCLUDED IN PRICING. Tax exemption certificates will be executed by the City and furnished upon request. 13. PROTEST: Protests shall be submitted in writing and filed with the Purchasing Division no less than three business days prior to the City Council meeting at which the award appears on the agenda, A written response will be prepared by the Purchasing Manager in consultation with the end user department and City Attorney in accordance with the City Purchasing Manual. If the protesting vendor does not agree with the staff recommendation, they may appeal to the City Council. Protesting vendors must contact the City Secretary in order to be acknowledged and heard by Cit v Council at the Burst available Council meeting. 14. PAYMENT TERMS: Payment terms are Net 30 unless otherwise specified by the City in this document. 15. PATENT RIGHTS: The vendor agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied. 16. FUNDING: The City of Grand Prairie is a home -rule municipal corporation operated and funded on an annual basis for Oct. I to Sept. 30. The City reserves the right to terminate, without liability to the City, any contract for which funding is not available. 17, ASSIGNMENT: Vendor shall not sell, assign, transfer, or convey this contract in whole or in part, without the prior written consent of the City. 18, VENUE: Ibis agreement will be governed and construed according to the laws of the State of Texas. 19, RIGHT OF REVIEW: Vendor covenants and agrees that the City, upon reasonable notice to vendor, may review any of the work performed by vendor under this Contract. 20, DELIVERY TIMES: Deliveries will be acceptable only during normal working hours at the designated City Municipal. Facility. 21. STANDARD WARRANTY* Standard manufacturer's warranty shall be provided and submitted to the City of Grand Prairie upon request. 22. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first class condition in containers suitable for damage -free shipment and storage. 23. ORDERS AND INVOICING: A Purchase Order Number is required for all purchases. All invoices must identify the purchase order number, include the bid unit pricing by item.} identify the ordering department/user, and include contact phone and email,. RFB #211 17 Pavement Resurfacting Service '1 I 24. CONFLICT OF INTEREST: The successful vendor hereby covenants and agrees that during the Contract period that vendor and any of vendor's associates and employees will have no interest nor acquire any interest, either direct or indirect, which will conflict in any manner with the performance of the services Galled for under this Contract, All activities, investigations and other efforts made by vendor pursuant to this Contract will be conducted by employees or associates of vendor. Vendor further covenants and agrees that it understands that the Code of Ordinances of the City of Grand Prairie prohibits any officer or employee of the City from having any financial interest, either direct or indirect, in any business transaction with the City. Any violation of this paragraph which occurred with the actual or constructive knowledge of vendor will gender this contract voidable by the City. a. FORM CIQ -- is required when a conflict exists in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code, A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. This form may be obtained from the 'Texas Ethic Commission's website. 25. CONFIDENTIAL WORK! Any reports, designs, plan, information, project evaluations, data or any other documentation given to or prepared or assembled by vendor under this contract shall be kept confidential and may not, be made available to any individual or organization by vendor without the prior written approval of the City except as may be required by law. 26. WARRANTY, HOLD HARMLESS, AND INDEMNITY: Vendor warrants that the commodities it delivers to the City shall be delivered in a good and workmanlike manner, and that any items delivered to the City under this contract will be fit for the particular purpose for which it was furnished. Vendor shall defend, indemnify, and hold the City whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by, the execution or performance of this Contract or any of vendor's activities or any act of commission or omission related to this Contract of any representative, agent, customer, employee, sub -vendor or invitee of vendor or any representative, agent, employee, or servant of the City. If an item is covered by a manufacturer's warranty, it is the responsibility of the vendor to obtain the information for City and to get the manufacturer to honor the warranty. 27. PROPRIETARY INFORMATION: Any material or information that is considered proprietary in nature must be clearly marked as such and will be treated as confidential by the City of Grand Prairie to the extent permitted under the Open Records Act. 28. WAIVER OF ATTORNEYS FEES: Vendor and City expressly covenant and agree that in the event of any litigation arising between the parties to this contract, each party shall be solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other party's attorney's fees regardless of the outcome of the litigation. 29. CHANGE ORDERS: No Oral statement of any person shall modify or otherwise change or affect the terms, conditions, or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City of Grand Prairie. 30, TERMINATION: The City may, at its option and without prejudice to any other remedy to which it may be entitled at l aw or in equity, terminate the right for vendor to accept further orders under this Contract, in whole or in part, by giving at least thirty (30) days prior written notice thereof to vendor with the understanding that no further orders may be accepted after the date specified in such notice. The City shall equitably compensate vendor, in accordance with the terns of this Contract for the commodities property ordered prior to the date specified in such nonce following inspection and acceptance of same by the City. Vendor shall not, however, be entitled to lost or anticipated profits should the City choose to exercise its option to terminate. 31. TERMINATION FOR DEFAULT: The CITY reserves the right to enforce the performance of this purchase order in any manner prescribed by law or deemed to be in the best interest of the CITY in the event of breach or default. The CITY reserves the right to terminate the purchase order immediately in the event the VENDOR fails to: (1) meet delivery schedules, or (2) otherwise perform in accordance with this contract and incorporated documents. Breach of contract or default authorizes the CITY to award to another VENDOR, purchase elsewhere and charge the full increase in cost and handling to the defaulting VENDOR. 32. PERFORMANCE OF WORK: Vendor or vendor's associates and employees shall perform all the work called for in this Contract. Vendor hereby covenants and agrees that all of vendor's associates and employees who work on this project shall be fully qualified to undertake same and competent to do the work described in this Contract, and the services performed shall be performed in a good and workmanlike manner, and that the finished product shall be fit for the particular uses) contemplated by this agreement. 33. OWNERSHIP OF DOCUMENTS: VENDOR acknowledges that City owns all notes, reports, or other documents, intellectual property or documentation produced by the vendor pursuant to this agreement or in connection with its work which are not otherwise public records, Vendor acknowledges that City shall have copyright privileges to those notes, reports, documents, processes and information. Vendor shall provide City a copy of all such notes, reports, documents, and information (except to the extent that they contain confidential information about third parties) at City expense upon written request. RFB #21117 Pavement Resurfacting Service 12 34. PRICE REDETERMINATION: Price redetermination shall only be considered by the City forty-five (45) days prior to the anniversary date of the initial contract award and subsequent renewals. Price redetermination requests must be substantiated in writing. The City of Grand Prairie reserves the right: to reject the request when it is deemed to be in the best interest of the City. 35, DRUG FREE WORKPLACE: VENDOR hereby covenants and agrees that during the contract period that VENDOR and any of VENDOR's associates and employees shall be in compliance with the CITY'S drug free workplace policy. 36. INSPECTION: All goods and services will be subject to inspection and testing by CITY prior to acceptance. Goods rejected and goods supplied in excess of quantities ordered may be returned to the VENDOR at its expense. If any of the goods or services are found at any time to be defective in material or workmanship, or otherwise not in conformity with the requirements of this purchase order, including any applicable drawings and specifications, then CITY, in addition to such other rights and remedies it may have by contract or by law or equity, at its sole discretion may reject and return such goods at VENIOR's expense, require VENDOR to inspect the goods and remove nonconforming goods and/or require VENDOR to replace nonconforming goods or services with conforming goods or services, 37. PACKAGING: All goods must be packaged in the manner as specified by CITY and shipped in the manner and by the route and earrLer designated by CITY. If CITY does not specify the manner in which the goods must be packaged, VENDOR shall package the goods so as to avoid any damage in transit. If CITY does not specify the manner of shipment, route or carrier, VENDOR shall ship the goods at the lowest possible transportation rates, consistent with VTNDOR's obligation to meet the delivery schedule set forth in this Order. 38, AUDIT: the CITY reserves the right to audit the records and performance of contractor during the contract and for three years thereafter. 39. INSURANCE: Prior to the commencement of work under this Contract, vendor shall obtain and shall continue to maintain in full force and effect during the term of this Contract any insurance required by Law and any additional insurance that may be required pursuant to the specification. Performance under the contract will not start until this obligation has been met. Carrier must be authorized to do business in Texas rated "A" or better in the current Best Ivey Rating Guide. All policies shall be of the "occurrence type" and the city of Grand Prairie shall be listed asyan additional insured (to the extent Contractor/City are indemnified pursuant to the indemnity provisions herein) on all certificates of insurance. Additional Insured Clauses does not apply to Workers' Compensation and Employer's Liability. A waiver of Subrogation Clause, naming the city of Grand Prairie "shall be included" on all types of coverages. TYPE AMOUNT a. Workers' Compensation Statutory b. Employer's Liability $1,000,000 c. Comprehensive General Liability $1,000,000 (Combined Single Limit) d. Premises Operations e. Products Operations Hazard f. Contractual hisurance Comprehensive Automobile Liability $1,000,000 (Combined Single Limit) 40. HB 1295 FORM: At time of contract execution vendor must provide a signed HB 1295 Form received directly from the State of Texas. it�s:l►v�r ��.ctit t� .si tc,t .� 1 ��} t � ��e� /cif inio lbf111122 S.I 41. CONTRACT EXECUTION AND START DATE: The awarded vendor will have ten calendar days after receiving the notice of award to return the executed contract, certificate of insurance, HB 1295 form, and vendor setup packet (when applicable). The CITY reserves the right to terminate the contract immediately, place the VENDOR on the City's debarred vendor list, and award to another VENDOR in the event the VENDOR fails to return the required documents by the indicated time. After documentation is received by the City a notice to proceed or purchase order will be issued. The vendor will have up to five calendar days to begin performance under this contract, unless otherwise agreed in writing between the CITY and VENDOR. 42. STORMWATER REQUIREMENTS: The Contractor shall implement Best Management Practices (BMPs) and good housekeeping measures to prevent stonnwater pollution in accordance with the Current City of Grand Prairie Stormwater Discharges Ordinance (Article XKIII, Section 13). 43. LOCAL PREFERENCE: Section 271.9051 of the Texas Local Government Code authorizes a municipality, when considering competitive sealed bids when the bid evaluation is setup to award to the lowest responsible bidder, to enter into a contract for certain purchases with a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination price and other economic benefits to the municipality. Applieadon,for Local Bidder Prefereace must be srrbrrdned with bid to be considered by the City of Grand Prairie. If your principal place of business is within the Grand Prairie city limits and you want to apply for local preference consideration, then you must provide a tax certificate for the most current year marked PAID, included with your Application for Local Bidder Preference. RFB #21117 pavement Resurfacting Service 13 SUBMITTAL FORMS RFB #21117 Pavement Resurfacting Service SUBMffT.A,L CHECK LIST —Company Name Interested parties MUST submit responses online through www public . urchase. om, Response must include all of the following items listed below for eoinsideratior": Please contact `endorse vptibliwurchase.eom. for any issues in responding. The submission should be in the order slated below, Elm AVVA 1 Submittal Check List 2 UP 3 Questionnaire & References 4Submittal w Affinmflon 5 HUB Questionnaire and House Bill. 89 Verification... ............ . By my signature I affirm all items as listed above have been completed and submitted as part of any firm' s proposal, Authorized Signature PrintlType Name Title Date Vi 6e r- e- --. 4, -/ RFB #21117 Pavement Resurfacting Service 15 Pavement Resurfacing Service BID SHEET~ RFB #21117 All : rices shall include an r; and all delivery fees includin -.hut not limited to freightfuel surchar e and environmental fees WE 1 AC L2e D Delivered more than 1500 tons vendor: Contact: Email: Phone: City/State: 7900 Tons aEpolds As halt & Constructio Ned Tankersley ntankers �e care neidsas halt.eem _ 817-267--3131 North. Richland Bills, Tom. $ 91.60 $ 723,640.00 2 C Type D Delivered 500 to 1499 tons rHMAC 4700 Tons $ 95.20 $ 447,440.00 3 Type D Delivered less than. 499 tons 1200 Tons $ 112.00 $ 134,400.00 4 AC Type C Delivered �rriore tl are 1500 tans . ,5400 Tons 9.00 480, 00.00 5 KMAC Type C Delivered 500 to 1499 tons _3000 Tons $ 94:50 $ 283,500.00 6 HMAC ae- C Delivered less than 499 tons 1200 Tons $ 111.80 $ 134,160.00 7 H MAC Type B Delivered more than 1500 toms 5400 "ions $ 86.50 ft.- $ 467,100.00 HM►C-A Type B Delivered 500 to 1499 tons 3000 Tons $ 90.50 $ 271,500.00 9 IiMAC Type'B Delivered less than 499 tons 1200 Tons $ 107.50 $ 129,000.00 10 Additional. ............ Mileage ,har e - Mauled beyond the first 5500 Tans $ 0.90 $ . . .. 4,950.00 t 1. M ove In Charge . .......... 3 0 ' Eaeh 11800.00 54"000.00 12 T'hor6ugh Fare Traffic Control 30 Each $ 39600.00 $ 1085000.00 WOMMONNOW13 Manhole Ring Riser .... ... ... . . ... 200 Each $ 300.00.. $ 605000.00 14 "halve Ring Riser 200 Each $ 200.00 $ 401000.00 15 Base Repair - Flex Base 500 Tons $ 76.50 $ 38,250.00 16 Flex Base Furnish and Install 3000 Tons $ 43.50 $ 130,500.00 17 Recycling 8" Deep More Than '3000+ sy 13500 SY $ 9.80 $ 132,300.00 18 Recycling 8" Dee 1400 to 2999 sy .... ............. 90001 .. SY $ 11.30 $ 101,700.00 19 Recycling 8" De2e less than 1399 sy 4200, SY $ 19,70 $ 82,740.00 20 Hauling Excessive Material More Than 101 cy 6000 CY $ 33.40 $ 20%400.00 21 11 auling Excessive Material 51 to 100 c 1500 : CY $ 37.40 $ 56,100.00 22 H Ruling Excessive Material 50 or Less c 200 CY $ 47.60 $ %520.00 23 Wedge Millieg 6000 LF $ 5.50 $ 335000.00 2 4 Full Depth Milling 0 to 4" _ . 1 5000 SY $ 5,30 $ ?9,500.00 IWM S Full De th Milling Each Additional. Inch 15000 SY $ 0.75 $ 11,2509'00' 26LBa,kill Shoulders 12000 LF $ 1.70 $ 20,400.00 27veri ataon 15000 SY $ 3.00 $ 455000.00 28romat less than 2500 sy 1000 Y $ 5.40 $ 51400.00 29 Petrom.at 2500 - 4999 sy 3000 SY $ 3.70 $ 11,100.00 30 Petrem.at more than 5000 sy 1.5000 SY $ 3.00 $ 45,000.00 $ 4,34%450.00 1 HMAC DMO D Delivered more than 1500 tons 7900 TO 2 1-iMAC Mel) I3eliveir 500 t6 14996ns 4 00 Tons' _Y 2. 3 HMAC e D Delivered less than 499 tons 1200 'Tons4,2AA .4 HMAC Dye C Delivered more than 1500 tons 5400 Tons R 5 HMAC Dme C Delivered 500 to 1499 tons 3000 Tons 6 'E MA.0 e C Delivered less than 499 tons 1200 Tons 11 �. � j 3 /6... 7 HMAC Tyr e B I]evered move than 1504 tons 8 HMAC Lv - -e B Delivered 500 to 1499 tons 5400 3000 Tans Tows . ►�� 2.7 9 HMAC Me B Delivered less than 499 tons 10 Additional Wea Chnr e - Hauled be and the first 1200 5500 Tons Toms 11 Move In 22LE30 Each = , C�6 -rl . N a 6 w 0 6 12 Thorough Fare Traffic Control .. . . ..... ...... .. 30 Fac...... h 1 Manhole Riser 200 Each . , 14 Valve Ring,.Riser 200 Each 6 00 Z/ 4 bd... . 15 Base R.e air - Flex Base 500 TO � � ,��, � � �.�'a &0 16 F lex Base Furnish and Install 3000 Toms .: -3 , X � � �� �"� � . 17 R&V6lin 8" Dee More Than 3000+ sy 13500 SY � � � � �"O ar , or a 18 Rec c ` 8" Dee .1400 to 2999 s 9000 SY 114 3 1 `7,6 • flu 19 R&VC ` 8" Dee less than 1399 s 4200 SY 7e . 20 HauUng Excessive Material More Than 101 c 6000 C Y 21 Hauling Excessive Material 51 to 100 cy 1500 C"`Y � :, ,� � SM 22 ELuHMExcessive Material 50 or Less c 200 C j, 23 WedLe.-Milli2a 24 Full De th Mii1� 0 to 4" 25 dull De th Millis ,.Earth Additional Inch 6000 15000 .15000 LF SY SY X0 %ro t -7 • I 26 Baclfll Shoulders 12000 LF ?�On& 49d 27 Pulverization ..-.. 15000 SY 3. W® 9 d 28 P6iroma06ss than. 2500 sy 1000 SY 4/ 29 Petromat 2500 - 4999 sV _ 3000 SY 3 • r33 0 Ntromatmore d,.hmi�:'5000 s ► . 15000 SY 3,�. By my signature I affirm all items as listed above have been completed and submitted as part of nay f imi' s proposal. Vendor Name Authorized Signature law Print/Type Name V, Title Date RFB #21117 Pavement Resurtacting Service 16 ..n All questions should be answered clearly and completely. Marketing materials WILL NOT be accepted in lieu of this questionnaire. This questionnaire will assist the City in understanding your submittal and will be used in the evaluation process and therefore it is critical that the questionnaire be completed and submitted with your submittal. Provide at Least 3 References, including contact name, agency name, title, phone number and email o, f those ,you have provided similar services in the past three years. This information will be used in the evaluation ofyour ',dour submittal. ale: i Reference Name: � ..- ,� ; - . _ 1 � � . -- .- .... ��.� - , Reference 0 Yanization: kt,%�--� L�juect Tale. Phone: _4 Y RFB #21117 Pavement Resurfacting Service 17 ■ No wpm How ma ears has your COMOan been involved in,providug, these': es of commodities or services? i ears. Do you have a corporate die, branch office or warehouse located in the Grand Prairie c limits` 5 poin) Yes No Address Ufferent from above, Please list all govememnt ewes four firm has worked with in the East three .(LyearS. 11.e cl CW 6"e- Li, P C,. �. RFB #2111 T Pavement Resurfacting Servioe Has, our firm failed to cow fete a contract? Yes � 'I �El; I No if.)), - „lease identithe : r2 ect and date Do you have any litigation issues pending in the last three D years? Yes No Eves,please explain: Are there any judgements, claims, a rbitratio n proceedings, or suits pending or outstanding against your o . anization or officers? Yes No Lves,RLLase explain: RFB #21117 Pavement Resurfacing Service This will acknowledge your submittal contains all items and receipt ofthe following addenda which are part of the solici Lion documents: All items identi kd in Submittal Checklist have been submitted :Add endum No, 1 -~ Should other Govemwr t entities decide to participate in this contract, would you, the Vendor, agree that all terns, conditions, specifications and prro uid apply: Yes NoF . ....... . . .... . ... ........... . ... ........ - The undersigned agrees to the following: A. Agrees that the submittal is complete and all required infonmflonlforms Nve re submitted. R Agrees that the bid package was My reviewed and fully understands the requirements. C. Agrees to the Terms & Conditions as included in this bid packet and have noted any exceptions. D. Agrees that their submittal shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time. E. will supply all required insurance, and execute contract withal the time stated on the notice of award. F. AErms that the submittal was not prepared in collusion with any other firm and the contents of this submittal have not been commu=ated by the undersigned or any, aizent with anv other person emaod in this twe of business. By my signature I ofji'rm that I are duly authorized to execute this proposal as an offer to contract and in compliance with this solicitation, the undersigned firm having examined the specifications, and being familiar with the conditions to be met, hereby submits a proposal for consideration of being selected as COOP 's provider f yr said services; and agrees to eater into rxegotiationsif se'ected as c, frnalist,or said f services, Authorized Signature Print/Type Name Title Date RFB #21117 Pavement Resurfacting Service 20 I. Is your business a certified historically underutilized business OHUB) or Disadvantaged Business Enterprise (DBE)? v'No Yes; and certifying agency: If you answered in the affirmative please include a copy of my certification as an attachment to your proposal. I hereby verify that the company named in this submittal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1, Does not boycott Israel currently, and 2. Will not boycott Israel during the term of the contract. Pursuant to L''ection 2270.011, Texas Government Cade: 1, "Boycott Israel" means refusing to deal with, terminating business activities with, or othenvi`se taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an .Israel -controlled territory, but does not include an action made for ordinary business purposes; and 2, "'Company" means afor prof t sole proprietorship, organization, association, corporation, partnership, Joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. By my signature I affirm the information provided in this submittal is accurate to the best of may knowledge. Authorized Signature Print/Type Name Title Date RFB #21117 Pavement Resurfacting Service 21 POR E10ORMATION PURPOSES ONLY PERF)ORMANCL BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That _ _ of the City of , County of _, and State of ..µ , as Principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Grand Prairie (Owner), in the sum of Dollars ($ } as a proper measure of liquidated damages, for payment whereof, the said Principal' and Surety bind themselves and their heirs, administrators, executors, successors and assigns, ,jointly and severally, by the presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of , , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at lungul 11GI GA11. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCK that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully contract agreed and covenanted by the Principal to be observed and performed and according to the true intent and meanmi g of said Contract and the Plans and Specifications hereto annexed, 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provision of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract, or to work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN LESS WBEREOF, the said Principal and Surety have signed and sealed this instrument the day of ,2 PRINCIPAL By: Title: Address: Name and address of the Resident Agent of Surety is: SURETY By: Title: Address: . RFB #21117 Pavement Resurfacting Service 22 P 3 FOR INFORMATION PURPOSES ONLY PAYMENT BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of the City of County of . and State of _ ..__ as Principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Grand Prairie (Owner), in the panel sum of Dollars ($ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by the presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of , Z . to 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 SUCI-L that if the said Principal shall pay all claimants supplying labor and materials 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provision of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract, or to work performed thereunder, or the plans, specifications or drawings accompanying the same, shalt in anywise affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract., or to the work to be performed thereunder. IN' WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the day of x2 PRINCIPAL By: SURETY By: Title: Title: Address: Name and address of the Resident Agent of Surety is: . Address: RFB #21117 Pavement Resurfacting Service 23 FOR ENIMRMATION PURPOSES ONLY MAINTENANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That _._,. _� .... _._._._._..__ __........ of the City of _. _* County of _ . and State of_. _� as Principal, and a corporation authorized under the laws of the State of Texas to act as surety on bonds for principals, do hereby acknowledge themselves to be held and firmly bound to pay unto the City of Grand Prairie (Owner), a municipal corporation of the State of Texas, its successors and assigns, at Grand Prairie, Dallas County, Texas, the sum of Dollars ($��, l Qo°/o of the total amount of the contract for the payment of which sum said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by the presents: This obligation is conditioned., however, that: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of to which contract and the plans and specifications therein mentioned, adopted by the City of Grand Prairie, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and AREAS, under the said plans, specifications and contracts, it is provided that the Contractor Will maintain and keep in good repair the work therein contracted to be done and performed for a period of two (2) years from the date of acceptance thereof and perform all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by the said Contractor on account of any breaking of such improvements, caused by the said Contractor on constructing the same, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material, work or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or make said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said Contract and this bond. NOW, TfFREFORE, THE CONDMON OF THIS OBLIGATION IS SUCK that if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of two (2) years as herein and in said contract pro ided, then this obligation shad be null and void and have no further effect; otherwise, to remain in full force and effect; It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished., or any matter affected from any cause during said time. IN WITNESS WHEREOF, the said . µ.�.. _. w_. � ...._._�. M..M ti ._ _.. as Contractor and Principal and the said �.w .. _..y _............... a Attorney -in -Fact, and the said Attorney -in -Fact has hereunto set his hand this the day of - . 2 PRINCIPAL 0 Title: BY, • Title: Address: Address: Attorney -in -Fact RFB #2111 T Pavement Resurfacting Service 24 *►.40 ADDENDUM ## 1 RFB # 21117 PAVEMENT RESURFACING SERVICE June 24, 2021 1. What is the estimated Cost range? $4,000,000 to $4,600,440 annually Angi Mize Sr. Buyer (972) 237-8262 ADDENDUM ##2 RFD N 21117 PAVEMENT ENT RESURFACING SERVICE ,Tune 24, 2021 1, What is the estimated cost range? Correction: $2,000,000 to $2,500,000 annually Angi Mize Sr. Buyer (972) 237-8262 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2021-787959 Reynolds Asphalt & Construction North Richland Hills, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is D8109/2021 being filed. City of Grand Prairie Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. R FB #21117 Pavement Resurfacing Service 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. MX 6 UNSWORN DECLARATION My name is ���L�-� - ,and my date of birth ` My address is p �' 3 �-": ��� A-1, ✓ + , � �, f �� :f t°� �. ' (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in s Co nt State of r"' on the day of �-'►� 20 - u y, _ y (month) {year} Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a FOR INFORMATION PURPOSES ONLY Bond No. PRI'7666,168 PERFORMANCE BOND STATE OF TEXAS CGWTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: rrhat Reynolds Asphalt & C.oilstructioil C,ompaily of the City of Euless — - _ County of Tarrant and Colonial Anterictn CaSfi-Alt}',tiyd-sual)`0)11)1)itity State of - Texas _ - as Principal, and anal Ficiclit , aril bcposit corn art � of i` ,,&,nc1. authorized under the laws of the State of Texas to act as suref � a� binds 'o • ri rci�als, are held and firmly bound unto the City of Grand Prairie (ON er), in the sum of 1 ur A•li iun, 1' Free Huns rep Fo y l tuus, Sul, Four Hundred Fifty Dollars &- Zero Cents Dollars ($ 4,340,450.00 y as a proper measure of liquidated damages, for payment whereof, the said Principal and Surety bind themselves and their heir, administrators, executors, successors and assigns, jointly and severally, by the presents: WHEREAS, the Principal has entered into a certain written contract with the ONVNER, dated the day of 2 , to which contract is hereby xeferred to and made a part hereof as fully and to the same extent as if copied at length herein. Pavemeiit Resurfacing Sei-NTices RFB #21117 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully contract agreed and covenanted by the Principal to be observed and performed and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provision of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract, or to work perfonmed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation oil this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the day of .2 Reynolds Asphalt & Construction Company PRINCIPAL Title: Ned Tankersley, Vice President Address: P.U. Box 3.70 Euless, TX 76039 Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland SURETY By: Title: Kyle W. Sweeney, Attorne -iii-Fact Address:. 15303 Dallas Pkwy, Suite 800 Name and address of the Resident Agent of Surety is: The Sweeney Compai7 Addison, TX 75001 P.U. Box 8720, Fort 'Worth, TX 76124 RFB #21117 Pavement Resurfacting Service 22 FDR INFORMATION PURPOSES ONLY Bond No. PRF-7666468 PAYMENT BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That Rgnolds Asphalt 8r Constt_Lictlon Company of tie City of Euless � � County of Tarrant and C01011ia1 AIII CHC3T1 Caste y aiic Su y C0M11ari}, State of Texas - --- — as Principal, and' ricjclity and m),sjLc authorised under the laws of the State of Texas to act as surety of bonds fo�� a�•inc pals, are held and firmly bound unto the City of Grand Prairie (Owner); in the panel spun of F ur 11i1 ion, Thrcc IIundred 1 rtyTh ,sand, Fuur Ilitn�lre�i File) Uullars "Geer, { enls__4 _- _ Dollar's ($ 4,340,450.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly quid severally, by the presents: WHEREAS, the Principal has entered into a certain written cont uct with the OWNER, dated the day of .2 , to which contract is hereby referred to and made a part hereof as fully acid to the same extent as if copied at length herein. Pavement Resurfacing Services RFB #21117 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and materials to him or a subcontractor in the prosecution of the work provided for in said conract, 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on tliis bond shall be determined in accordance with the provision of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract, or to work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITLESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the day of ,2 Reynolds Asphalt & Construction Company PRINCIPAL � 1 �21 i By: Title: Ned Tankersley, Vice President Address: P.O. Box 370 Euless, TX 76039 Colonial American Casualty and Surety Company and Fidelity and Devosit Conwanv of Marirland SURETY Title: Kyle W. Sweeney, Attorney -in -Fact Address: 15303 Dallas Pkwy, Suite 800 Name and address of the Resident Agent of Surety is: The Sweeney Compan Addison, TX 75001 P.D. Box 8720, Fort Worth, TX 76124 RFB #21117 Pavement Resurfacting Service 23 FOR INIVORNIA.TIDN PURPOSES ONLY Bond No. PRF7666,16 S MAINTENANCE BOND STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: That RC nolds Asphalt & Construction Con? an Of the City of Euless _ - - County of _ Tarrant_ and ---}�-------.__._.F__-_-- _ ------------ - y C4lfllllal �lmerir;�it ,astia y an urn } onlpan}, State of Texas . as Princi al, and and Fidelity and De osit C Lsii �n u i�ia 1 t�i f a corporation authorized under the laws of the State of Texas to act as surety on bonds for principals, do hereby acknowledge themselves to be held and firmly bound to pay unto the City of Grand Prairie (Chyner), a municipal corporation of the State of Texas, its successors and assigns, at Cnand Prairie, Dallas County, Texas, rnirllillinn,Three F�iindre Fnrt}''I'i�nusastd, a the sum of Four Hundred linty Dolla S�_7_er C e-itits Dollars �$ �,3�0,45U.o �, 140 �a of the total amount of the contract for the payment of which sum said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by the presents: This obligation is conditioned, however, that: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of to provide Pavement Resurfacin Services RFB #21117 which contract and the plans and specifications therein mentioned, adopted by the City of Grand Prairie, are filed with the City Secretaiy of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and WHEREAS, under the said plans, specifications and contracts, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of two (2) years from the date of acceptance thereof and perform all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by the said Contractor on account of any breaking- of such improvements, caused by the said Contractor on constructing the same, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material, work or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or make said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said Contract and this bond, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of two (2) years as herein and in said contract provided, then this obligation shall be null. and void and have no further effect; otheilvise, to remain. in Rill force and effect; It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or any matter affected fi-om any cause dturing said time. IN WITNESS WHEREOF, the said Reynolds Asphalt & Construction Company - as Contractor and Principal and the said _ Kyle W. Sweeney . Attorney -in -Fact, and the said Attorney -in -Fact has hereunto set his hand this the day of Reynolds Asphalt & Construction Company PRINCIPAL By. - - Colonial American Casualty and Surety Company and Fidelity and Deposit Company of Maryland SURETY" t By. y rr ry � Title: Ned Tankersley, Vice President _ Title: .Kyle W. Sweeney, Attorney -in -Fact Address: P.O. Box 370 Euless, TX 76039 Address: 15303 Dallas Pkwy, Suite 800 Addison, TX 75001 Attorney -in -Fact RFB #211 t 7 Pavement Resurfacting Service 24 Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll -free telephone number for information or to make a complaint at: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 787 1 4-9 1 04 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacibn o para presentar una queja: Usted puede Ilamar al numero de telefono gratuito de Zurich North America's para obtener informacion o para presenter una queja al: 1-800-382-2150 Usted puede comunicarse con el Departamento de Se- guros de Texas para obtener informacion sabre com- panias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEOUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJ U NTE ESTE AVI SO A S U POLIZA: Este aviso es solamente para propositos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E (06/15) Page 1 of 1 ZURICH A` ERIC:AN INSURANCE. COMPANY COLONIAL AMERICAN CAStALTY AI D SURETN' CO`IPANY FIDELITY AND DEPOSIT COMPANY OF NIARYLAND PO«'ER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 'I'll at the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Mm-ray, Vice President, in pursuance of authority granted by Article V. Section 8, of the By -Laws of said Companies, Nvhich are set forth oil the reverse side hereof and are hereby certified to be in full force and effect oil the date hereof, do hereby nominate, constitute, and appoint Chaj•les D. SNNVEENEY, Elizabeth GRAY, Kyle NNV. S`A'EENEY and Michael A. SN`'EENEY, all of Ft. Mlorth, Texas, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and oil its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office ill New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Orvings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is no-\v in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE CONIPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF 1\4ARYLAND, this 27th day of November, A.D. 2019. e}1.011"14s4j� t : %)ml All �t Q u SEAL I.1 WHO ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Bj�: Rohen D. ill�uri•gy rice Pi-esidem By: Daivii E. Bivivii S'e cretca j� State of Maryland County of Baltimore On this 27th day of November, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. 1\41n-ray, Vice President and Dawit E. Brown, Secretary of the Companies, to me personally kno\Nqi to be the individuals and officers described ill and who executed the preceding instrument, and acknowledged the execution of same, aiid being by me duly sworn, deposeth and salth, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding mstrumer'It are the Corporate Seals ❑f'said Companies, and that the said Corporate Seals arld the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my nand and affixed my Official Seal the day and year first above \vritteli. Constance A. Dunn, Notary Public My Commission Epires- July 9, 2023 EXTRACT FROM BY -LAWNS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other- like instruments on behalf of the Company, and may authorize any offices- or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause moclify of revoke an), such appointment ot• authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect oil the date of this certificate; and I do fiirther certify that Article V, Section 8, ofthe By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held oil the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding oil the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY" COMPANY at a meeting duly called and held oil the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I dth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of , ow MAL By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, It, 60196-1056 w0., ,.�ww. �•epo�•ts c a�i�1s c zu���chna.com__-- 800-626-4577 AC Ro o CERTIFICATE OF LIABILITY INSURANCE °"'�°"'-' OBI05I2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Sweeney Company 1121 E. Loop 820 South P O Box 8720 Fort Worth TX 76124-0720 CONTACT Joyce Womack NAME: y AIONR Ext . (817) 457-6700 FAXNo: (817) 457-7246 E-MAIL SS: Joyce@thesweeneyco.com ADDRE INSURER(S) AFFORDING COVERAGE NAIC # INSURER A,. Continental Insurance Co 35289 INSURED Reynolds Asphalt & Construction Company P.O. Box 370 INSURER B : Am Cas Co of Reading, PA 20427 INSURER C : Great American Insurance Company 16691 INSURER D : Continental Casualty Co 20443 INSURER E : Euless TX 76039-0370 1 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, i=xrl I IgInNq ANn nnNnlTinNS nF R1IrH POI If.IFS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER MMIDD�YY POLICY EXP MM/DDIYYYY LIMITS A x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR CONTRACTUAL, XCU 4028760229 05/08/2021 05/08/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENT90 PREMISES Ea occurrence $ 5001000 X MED EXP (Any one rson) $ 15,000 X1 CROSS LIAB, BFPD PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE X LIMIT APPLIES PER: POLICY � PRO- D LOC OTHER: $2,000 DED PER PD OCC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000'D00 INSTALLATION FLOAT s 25,000 B AUTOMOBILE LIABILITY X ANYAUTO X OWNED X SCHEDULED AUTOS ONLY AUTOS HIRED x NON -OWNED AUTOS ONLY AUTOS ONLY IX MCS90 4028760232 05/08/2021 05/08/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PPReOaPERT DAMAGE $ $ $ C X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE TUU 1-23-12-47 - 05 05/08/2021 06/08/2022 EACH OCCURRENCE $ 1010001000 I AGGREGATE $ 10,000,000 ❑ED I X RETENTION $ 10,000 $ D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Excluded Debbie Reynolds, Meto Miteff, Virginia Miteff N I A WC 4 28760215 05/08/2021 05/08/2022 x STATUTE ER OTH+ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is requirea) PO 1052 RFB #21117 pavement resurfacing. WC, GL & auto include a blanket automatic waiver of subrogation endt & the GL, auto include a blanket automatic additional insured endt providing additional insured & waiver of subrogation status to the cert holder only when there is a written contract between the named insured & the cert holder that requires such status. Additional insured endts contains special primary & noncontributory wording. Umbrella follows form. The policies include an endt providing 30 days notice of cane (10 days for nonpay of premium) to the cert holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF GRAND PRAIRIE ACCORDANCE WITH THE POLICY PROVISIONS. P O BOX 534046 AUTHORIZED REPRESENTATIVE GRAND PRAIRIE TX 75053-4045 q�,WAMI� n 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment B COMMISSIONERS COURT COMMUNICATION REFERENCE NUMBER 1 3 ! © 56 PAGE 1 OF 17 DATE: 10/20/2020 SUBJECT: BID NO.2019-264 - ANNUAL CONTRACT FOR ASPHALT ROAD SURFACING PRODUCTS - COUNTYWIDE - VARIOUS VENDORS - EXERCISE FIRST OPTION FOR RENEWAL - SAME FIRM FIXED PRICES XXx CONSENT AGENDA XXX COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court approve renewal of Bid No. 2019-264, Annual Contract for Asphalt Road Surfacing Products, for the first optional twelve (12) month period at the same firm fixed prices. BACKGROUND: On October 22, 2019, through Court Order #131403, the Commissioners Court awarded Bid No. 2019- 264, Annual Contract for Asphalt Road Surfacing Products, Countywide, to the following vendors: Primary Austin Asphalt, Inc. Eurovia Atlantic Coast, LLC d/b/a Sunmount Paving Reynolds Asphalt & Construction Company TexasBit Vulcan Construction Materials, LLC The awards were based upon low bid meeting specifications and contained options to renew for two (2) additional twelve (12) month periods. The vendors notified Purchasing in writing that their prices will remain firm through October 30, 2021. The four (4) Maintenance Precincts notified Purchasing in writing that they are pleased with the vendors and want to renew. Therefore, it is the joint recommendation of the four (4) Maintenance Precincts and Purchasing that the Commissioners Court approve renewal of Bid No. 2019-264, Annual Contract for Asphalt Road Surfacing Products, for another twelve (12) month period. FISCAL IMPACT: Expenditures for last year were approximately $2,185,801.79. Orders are placed on an as -needed basis. Currently, five (5) governmental entities utilize this contract. SUBMITTED BY: Purchasing PREPARED BY: Brandie Bingham, CPPB APPROVED BY: V �t Government entities utilizing the Tarrant County Contract # 2019-264: • City of Benbrook • City of Crowley • City of Everman • City of Richland Hills • City of White Settlement TARRANT COUNTY PURCHASING DEPARTMENT JACK BE, ACHAI4I, C.P.M., A.P.P. PURCHASING AGENT September 4, 2020 Austin Asphalt, Inc. Steve McConathy 6330 Commerce Dr. Ste. 150 Irving, TX 75063 smcconathv(@austin-ind.com Bid No: 2019-264 Subject: Annual Contract for Asphalt Road Surfacing Products Mr. McConathy, MELISSA LEE, C.P.M., A.P.P. ASSISTANT PURCHASING AGENT The referenced bid was awarded for twelve (12) months with two 2 options to renew for additional twelve (12) months each. The original contract was for the period of October 31, 2019 through October 30, 2020. The effective dates for the first renewal option will run from October 31, 2020 through October 30, 2021. Tarrant County Purchasing Department hereby extends an invitation to Austin Asphalt, Inc. to accept the first option for an additional one (1) year period as a primary vendor for this bid as awarded on October 22, 2019. Please mark the appropriate response below and provide your signature. All prices must remain firm for the Optional Renewal period through October 30, 2021. ( �) Yes, Austin Asphalt, Inc. will accept the offer to extend the same contract pricing and discounts through October 30, 2021. (Please include a current year 1295 Form) () No, Austin Asphalt, Inc. will NOT accept the offer to extend the same contract pricing and discounts through October 30, 2021. Are any other governmental entities currently utilizing this contract? Yes No If yes, please include a listing of the participating entities with this letter. Please email your signed response. Sincerely, PO , Brandie Bingham, CPPB, Senior Buyer Tarrant County P 817-884-3246 F 817-212-3043 E bibingham(a)tarrantcounty.com llr�� Signature E ri c, 6fG, vahz ��rvi trt�,i YYiaHG �� ��a�+ fs Printed Name & Title TAR.RANT COUNTY PURCHASING DEPARTMENT JACK BE, C.P.M., A.P.P. PURCHASING AGENT September 4, 2020 Eurovia Atlantic Coast, LLC d/b/a Sunmount Paving Clayton McNeill 11801 Harmonson Rd. Justin, TX 76247 clayton.mcneill(a-),eurovia.us Bid No: 2019-264 Subject: Annual Contract for Asphalt Road Surfacing Products Mr. McNeill, MELISSA LEE, C.P.M., A.P.P. ASSISTANT PURCHASING AGENT The referenced bid was awarded for twelve (12) months with two 2 options to renew for additional twelve (12) months each. The original contract was for the period of October 31, 2019 through October 30, 2020. The effective dates for the first renewal option will run from October 31, 2020 through October 30, 2021. Tarrant County Purchasing Department hereby extends an invitation to Eurovia Atlantic Coast, LLC d/b/a Sunmount Paving to accept the first option for an additional one (1) year period as a primary vendor for this bid as awarded on October 22, 2019. Please mark the appropriate response below and provide your signature. All prices must remain firm for the Optional Renewal period through October 30, 2021. ( Yes, Eurovia Atlantic Coast, LLC d/b/a Sunmount Paving will accept the offer to extend the same contract pricing and discounts through October 30, 2021. (Please include a current year 1295 Form) ( ) No, Eurovia Atlantic Coast, LLC d/b/a Sunmount Paving will NOT accept the offer to extend the same contract pricing and discounts through October 30, 2021. Are any other governmental entities currently utilizing this contract? Yes No If yes, please include a listing of the participating entities with this letter. Please email your signed response. Sincerely, 0" Brandie Bingham, CPPB, Senior Buyer Tarrant County P 817-884-3246 F 817-212-3043 E bibingham(a)tarrantcounty.com Q V41.�L i L 'Dri/ r' S b,,) ^,mg C \_ Printed Name & Title TARRANT COUNTY PURCHASING DEPARTMENT JACK BEACH&W, C.P.M., A.P.P. PURCHASING AGENT September 4, 2020 Reynolds Asphalt and Construction Company Bob CuyKendall 8713 Airport Freeway Ste. 100 North Richland Hills, TX 76180 bcuykendall(d)reynoldsasphalt.com Bid No: 2019-264 Subject: Annual Contract for Asphalt Road Surfacing Products Mr. CuyKendall, MELISSA LEE, C.P.M., A.P.P. ASSISTANT PURCHASING AGENT The referenced bid was awarded for twelve (12) months with two 2 options to renew for additional twelve (12) months each. The original contract was for the period of October 31. 2019 through October 30, 2020. The effective dates for the first renewal option will run from October 31, 2020 through October 30. 2021, Tarrant County Purchasing Department hereby extends an invitation to Reynolds Asphalt and Construction Company to accept the first option for an additional one (1) year period as a primary vendor for this bid as awarded on October 22, 2019. Please mark the appropriate response below and provide your signature. All prices must remain firm for the Optional Renewal period through October 30. 2021. ( �) Yes, Reynolds Asphalt and Construction Companv will accept the offer to extend the same contract pricing and discounts through October 30, 2021. (Please include a current year 1295 Form) ( ) No, Reynolds Asphalt and Construction Company will NOT accept the offer to extend the same contract pricing and discounts through October 30. 2021. Are any other governmental entities currently utilizing this contract? `/ Yes No If yes, please include a listing of the participating entities with this letter. Please email your signed response. Sincerely, P6 Brandie Bingham, CPPB, Senior Buyer Tarrant County P 817-884-3246 F 817-212-3043 E bibinaham(atarrantcountv.com �--fA-d Signature Printed Name & Title TARRANT COUNTY PURCHASING DEPARTMENT JACK BEACHAAI, C.P.M., A.P.P. PURCHASING AGENT September 4, 2020 TEXASBIT Thomas Abbott 420 Decker Dr. Ste 200 Irving, TX 75062 thomas.abbott(a�texasbit.com Bid No: 2019-264 Subject: Annual Contract for Asphalt Road Surfacing Products Mr. Abbott, MELISSA LEE, C.P.M., A.P.P. ASSISTANT PURCHASING AGENT The referenced bid was awarded fortwelve (12) months with two 2 options to renew for additional twelve (12) months each. The original contract was for the period of October 31, 2019 through October 30, 2020. The effective dates for the first renewal option will run from October 31, 2020 through October 30, 2021. Tarrant County Purchasing Department hereby extends an invitation to TEXASBIT to accept the first option for an additional one (1) year period as a primary vendor for this bid as awarded on October 22. 2019. Please mark the appropriate response below and provide your signature. All prices must remain firm for the Optional Renewal period through October 30, 2021. ( �) Yes, TEXASBIT will accept the offer to extend the same contract pricing and discounts through October 30, 2021. (Please include a current year 1295 Form) � ) No, TEXASBIT will NOT accept the offer to extend the same contract pricing and discounts through October 30, 2021. Are any other governmental entities currently utilizing this contract? Yes V No If yes, please include a listing of the participating entities with this letter. Please email your signed response. Sincerely, Brandie Bingham, CPPB, Senior Buyer Tarrant County P 817-884-3246 F 817-212-3043 E bibingham(cr).tarrantcounty.com Ll!�' Ll"'S- Signature ffil Panted Name & Title TARRANT COUNTY PURCHASING DEPARTMENT JACK BEACHAM, C.P.M., A.P.P. PURCHASING AGENT September 4, 2020 Vulcan Construction Materials, LLC Sean Hughes 800 Isom Rd. Ste. 300 San Antonio, TX 78216 hughess(a-)vmcmail.com Bid No: 2019-264 Subject: Annual Contract for Asphalt Road Surfacing Products Mr. Hughes, MELISSA LEE, C.P.M., A.P.P. ASSISTANT PURCHASING AGENT The referenced bid was awarded for twelve (12) months with two 2 options to renew for additional twelve (12) months each. The original contract was for the period of October 31, 2019 through October 30, 2020. The effective dates for the first renewal option will run from October 31, 2020 through October 30, 2021. Tarrant County Purchasing Department hereby extends an invitation to Vulcan Construction Materials, LLC to accept the first option for an additional one (1) year period as a primary vendor for this bid as awarded on October 22, 2019. Please mark the appropriate response below and provide your signature. All prices must remain firm for the Optional Renewal period through October 30, 2021. ( ) ) Yes, Vulcan Construction Materials. LLC will accept the offer to extend the same contract pricing and discounts through October 30, 2021. (Please include a current year 1295 Form) �) No, Vulcan Construction Materials, LLC will NOT accept the offer to extend the same contract pricing and discounts through October 30, 2021. Are any other governmental entities currently utilizing this contract? Yes X No If yes, please include a listing of the participating entities with this letter. Please email your signed response. 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Bid No. 2019-264, Annual Contract Project/Regulation Name: for Asphalt Road Surfacing Products County Department: PURCHASING Contact Person: Jack Beacham, C.P.M., A.P.P. Phone Number for Contact Person: (817) 884-1133 Type of TIA Performed: SHORT TIA or FULL TIA. Circle one after answering the questions in Sections II and III below. I. Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy, guideline, court resolution or order. Note: The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney's Office. II. Potential Effect on Private Real Property 1. Does the county action require a physical invasion, occupation or dedication of real property? Yes No q 2. Does the county action limit or restrict a real property right, even partially or temporarily? Yes No If you answered yes to either question, go to Section III. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. Lydia Ruiz From: James L. Bocks <jlbocks@TarrantCounty.com> Sent: Friday, October 1, 2021 1:33 PM To: Lydia Ruiz Cc: Roger D. Fuller; Emily J. Salter Subject: RE: Reynolds Asphalt - Materials Contract Attachments: 2019-264 Bid 1 of2.pdf Lydia, We have renewed the agreement through 10/30/2021 (attached). We are working on the final renewal option through 10/30/2022. James Bocks, MBA, CPPB Senior Contracts Administrator Tarrant County Purchasing Phone:817-884-1738 ilbocks@tarrantcounty.com �40 (n pding Excellence in Public Procurement Recipient of Aehwi&-ment of Excellence in Procurernent Award 1998-2021 From: Lydia Ruiz <Iruiz@ci.southlake.tx.us> Sent: Friday, October 1, 2021 12:00 PM To: James L. Bocks <jlbocks@TarrantCounty.com> Subject: FW: Reynolds Asphalt - Materials Contract EXTERNAL EMAIL ALERT! Think Before You Click! Good afternoon James, I had sent Dianna the email below and received a bounce back. I understand she has retired, and you have taken her place. Can you assist me with my request below? Feel free to call me if you have any questions. Thank you, Lydia Ruiz