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HomeMy WebLinkAboutResolution - 2008-R0338 - Contract For Asphalt Materials - Armor Asphalt, Inc. - 09_11_2008Resolution No. 2008—RO338 September 11, 2008 Item No. 5.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Contract and any associated documents with Armor Asphalt, Inc., of Lubbock, Texas, for asphalt materials per ITB #08-074-MA, which Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 11th day of September , 2008. TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary AS TO CONTENT: yc t c-, Loomis stant City Manager/Director of Transportation and Public Works APPROVED AS TO FORM: Don Vandiver, DDres/ArmorAsphaltWon Res September 3, 2008 Contract: 8697 ITB #-8-074-MA-Asphalt Materials CITY OF LUBBOCK CONTRACT FOR SERVICES For Asphalt Materials Bid No. 08-074-MA Resolution No. 2008-RO338 THIS CONTRACT, made and entered into this llth day of September, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Armor Asphalt, Inc. of Lubbock, Texas, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for asphalt materials and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said asphalt materials. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the asphalt materials specifically referred to as Item(s) No. 1, 3-5, 7-10 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. The contract shall be for a term of one year, said date of term beginning upon City Council date of formal approval with the option for two additional one year terms. 5. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or ITB U08-074-MA, Asphalt Materials ITB /41-074MA-Asphalt Materials hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #08- 074 MA, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Tom Martin ATTEST: Rebe6ca Garza, City Secretary AS TO CONTENT: wt A/� Loomis, Transportation and Public Works ant City Manager APPROVED AS TO FORM: rM #W074-MA, Asphalt Materials CONTRACTOR 1-4 Authorized RepresentatIY6" / J -&m6k "Aa, Address q w ftRSw s+t 1. bock. �`tl ?Vl ITB 4114W74-MA-Asphalt Materials Resolution No. 2008-RO338 SUBMIT TO: CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing & Contract Managementift 1625 13" Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY EMPLOYER #08-074-MA TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Asphalt Materials SUBMITTAL DEADLINE: August 5, 2008, 2:00 p.m. CST PRE BID DATE, TIME AND LOCATION: "DELETED" Any bids received after the time and date listed above, regardless ofthe mode ojddivery, shall be returned utmpened RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: ry y�y , j / Sf l AS O "NOID", PLEASE COMPLETE AND RETURN THE 0► / / IAKS Air STATEMENT OF NTURNING BID". CITY —STATE — Z THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT lbOc:K. G� s� t4A ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO' Sup.- �� � Q � o I SERVES E RIGHT TO INTO ANY CONTRACT DEEMED TO BE " IN THE BEST IINTEREST OF TNHEEC IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: `- r� n I�(D� D'T l REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: bi MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE r1G', a�aa3� 8 RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) I vJ BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles pure". Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES--& NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final paymenW tW vendor. ARSIi A14 Authorized Signature Title Lee In1h Mevy $ 1.14 Lo Print/Type Name I Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB #08-074-MA, Asphalt Materials ITB 01-8-074MA-Asphalt Materials BID FORM Asphalt Materials CITY OF LUBBOCK, TEXAS ITB #08-074-MA In compliance with the Invitation to Bid # OW4-MA the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #[bid number] is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE* Extended Delivery ITEM QTY MEASURE DESCRIPTION BID Cost Days (MORE ARO** OR LESS 1. 100 TN Asphalt Stabilized Base $ r $^ QO Black Base 2. 3,500 TN Tex Dot Hot Mix Type C 3. 3,500 TN Tex Dot Hot Mix Type D pp / Q 4, 3,500 TN Tex Dot Hot Mix Type C DELIVERED 5. 3,500 TN Tex Dot Hot Mix Type D ap DELIVERED S 6. 700 TN Cr4- Tex -get 1 i x iix Type C with 00 Latex 7. 700 TN Te*A�IwA Hot Mix Type D with do - Latex S. 3,500 TN ;Fex-QctHot Mix Type C with Qo Latex DELIVERED0 boo 9.. 3,500 TN T-ele & Hot Mix Type D with ry 00 Latex DELIVERED i5 ga oo o 10. 1,000 TN Cold Mix (UPM Type or E ual 9 q 4R� non 11, 3,000 TN Tex Dot Certified AAP-ftim OO n 3,000 TN H Tex Dot Certified CSS 1-H Tack Oil PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of a A %, net —calendar days. Discounts will not be considered In determining low bid Unless otherwise indicated on the Bid Form, payment terms will he NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? ITB #08.074-MA, Asphalt Materials ITB #-W4-MA-Aspbalt Materials Other governmental entities that might have interests in this contract art Frenship Independent School District. Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO ,X • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materiaWservices under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY ARmat Aph A tf . e, a corporation organized under the laws of the State of / eu s ` or a partnership consisting of 04.6 or an individual trading as /� 414 T of the City of Ubbeek Tic Firm: kma g,salq- I-je- City:_j.,la,bbCek State: t r zip_ 794 1 s M/WBE Firm: 1 I Woman I I Black American By I 1 Hisnanic American I I Asian Pacific American I I Other (Snecifv) Authorized Representative - must sign by hand Officer Name and Title: ` QQ Yllt� 1 T 1 el/ vice PRe5 r+r /Ur Please Print Business Telephone Number 3 106 " 74 r o go FAX: 806- 74 5. 7091 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB #08-074-MA, Asphalt Materials ITB M-8-074-MA-Asphalt Materiab City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased trot revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. in order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 Ott Street, Room 204 Lubbock, TX 79401 Complete ail areas below. Incomplete affidavits may be rejected. Local Business Name: AAftR A-S Qhal f , I N0 . Local Address (must be within the City limits): ' ` 2q MaA5J1AI1 -/KQ/R�j 484 Uoyil RaL •I>humaL Address of the company's principal place of business within the United States: -70� V /1IiRShAI / 5f 1. How many residents of the City of Lubbock are employed at the above business location? 2. Year your business was established in the City of Lubbock: I fto 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number. I %S- 2AI a43b 9 -10 Company Name and Address (as it appears on permit): ARrwlt Asa&Lf .7ntp . "310 Clown Rd whock Tx 79116- 4. Does your business have more than one office in the State of Texas? Yes —)(— No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: NIJ& 5. Was the local business required to pay business and/or real property tax for the most recent tax year? X Yes No 1f Yes, did the local business pay any of this tax to the City of Lubbock? —X— Yes No Under penalty of pelintio undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entityly submitting false ' formation to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock productsor a period of e (I�y 7� Authorized SignatuDate: Otc� Printed Name and Title: ITB 408-074-MA. Asphalt Materials !Resolution No. 2008—RO338 September 11, 2008 iten No. 5.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Contract and any associated documents with Armor Asphalt, Inc., of Lubbock, Texas, for asphalt materials per ITB #08-074-MA, which Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 11th day of September , 2008. TOM MARTIN, MAYOR ATTEST: Rebec a Gjarza, City Secretary VEI3 iA S_ TO CONTENT: A/( [es Loomis istant City Manager/Director of Transportation and Public Works APPROVED AS TO FORM: Don Vandiver, Mres/ArmoMspha1108ConRes September 3, 2008 Contract. 8697 ITB #41-074-MA-Asphalt Materlab CITY OF LUBBOCK CONTRACT FOR SERVICES For Asphalt Materials Bid No. 08-074-MA Resolution No. 2008-RO338 THIS CONTRACT, made and entered into this llth day of September, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Armor Asphalt, Inc. of Lubbock, Texas, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for asphalt materials and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said asphalt materials. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the asphalt materials specifically referred to as Item(s) No. 1, 3-5, 7-10 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. The contract shall be for a term of one year, said date of term beginning upon City Council date of formal approval with the option for two additional one year terms. 5. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or ITB #08-074MA, Asphalt Materials rrB 48-074-MA-Asphalt Matdriab hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #08- 074 MA, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK �i ", &AO-4 Tom Martin ATTEST: Re Garza, City Secretary AS TO CONTENT: A /,/( Loomis, Transportation and Public Works int City Manager APPROVED AS TO FORM: • rM #08-074-MA, AspWt MatcaiWs CONTRACTOR BY �**1_ Auth• .. •. &tw /ri, :.. .a. Address i b ITB M48-074-MA-Asphak Materia4 Resolution No. 2008—RO338 SUBMIT TO: CITY OF LUBBOCK CITY OF LUBBOCK TEXAS OF Purchasing & Contract Management - 1625 131° Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY EMPLOYER #08-074—MA TEL: 806.775.2167 FAX: 806.775.2164 httpJ/pur+chasing.ci.lubbock.tx.us TITLE: Asphalt Materials SUBMITTAL DEADLINE: August 5, 2008, 2:00 p.m. CST PRE BID DATE, TIME AND LOCATION: "DELETED" Any bias recerved after the time and date listed above, regard(ea ofthe mode of delivery, shall be returned unopened RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS MAILING ADDRESS: 'r y� + / I C r AS O "NOID", PLEASE COMPLETE AND RETURN THE I / ►1/�}RS iFi.G J f' STATEMENT OF NTURNING BID". CITY —STATE — Z�4,dbOCk.1941SO THE CITY OF LUBBOCK 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 TELEPHONE NO: qt, f,� I ERVES E RIGHTTO ENTER O ANY CONTRACT DEEMED TO BE / i N THE BEST T OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: , c n I O� ' 7D7 (0� REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: b MANAGER 1F ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE 75' eZ� as 36 s RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purr". Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES---& NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final paymenW tJ# vendor. AutborizedSlpature Title v Lee AMU $ la& Lo Printrrype Name I Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB #08-074-MA, Asphalt Materials ITB N-8•074-MA-Asphalt Materials BID FORM Asphalt Materials CITY OF LUBBOCK, TEXAS ITB #08-074-MA In compliance with the Invitation to Bid # O&V4-MA the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #[bid number] is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE* Extended Delivery ITEM QTY MEASURE DESCRIPTION BID Cost Days (MORE ARO** OR LESS 1. 100 TN Asphalt Stabilized Basel $ $^ QO Black Base f J 2. 3,500 TN Tex Dot Hot Mix Type C 3. 3,500 TN Tex Dot Hot Mix Type D o p / Q 4. 3,500 TN Tex Dot Hot Mix Type C DELIVERED 5. 3,500 TN Tex Dot Hot Mix Type D 00 (DELIVERED)S 6.1 700 TN C 4, Tex-Ratl��lix Type C with Latex 7. 700 TN Feet Hot Mix Type D with Latex 8. 3,500 TN -T� Hot Mix Type C with Q ! Latex DELIVERED 0Q 9.. 3,500 TN Teie got Hot Mix Type D with 00 �x Latex DELIVERED g 01000 f0. 1,000 TN Cold Mix (UPM Type or Equal) �r �i T q it noon 11 3,000 TN Tex Dot Certified -Prime -eff O Q 12. 3,000 TN Tex Dot Certified CSS 1-H Tack Oil PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of ji-A.", net calendar days. DWounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. iNTERLOCAL PURCHASING (optional): The City desires to make available to other local govemmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? ITB #0&074-MA, Asphalt Materials ITB #41-074-MA-Asphalt Materia4 Other governmental entities that might have interests in this contract are Freaship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Mankipsl Power Agency, Lynn County, and City of Wolffortb. YES NO X • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocsl Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY AMOR11510 Alf, I& a corporation organized under the laws of the State of / e YAS or a partnership consisting of- A, Vs or an individual trading as //�� W1R oftheCity of �. baek Tic Firm: Agin it AsaaLf .rNe- City: L"bb& State: I x Zip 1911.57 NIMBE Firm: woman Black American Native American Hispanic American Asian Pacific American I Other S i By ... 11W Date: r �� (/Ar + Authorized /Representative - must sign by hand OfcerName and Title: L-IQp YVl71eU Vice. heS/biE!`/l)J6 Please Print Business Telephone Number gob " 7414- S 90 1 FAX: 804D & $- 1 D 9X LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB #0t1-074-MA, Asphah Materiels ITB ri-8-074-MA-Asphalt Materials City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder, or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13" Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits davits may be rejected / Local Business Name: t'1Rfta-sphaLi, Ta , Local Address (must be within the City limits): Mq ak5AA1I - of" u r-loy1S J& • lt�imL Address of the company's principal place of business within the United States: 19.2Mus{la t 1 Sf 1. How many residents of the City of Lubbock are employed at the above business location? 929 2. Year your business was established in the City of Lubbock: I7 to 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number. i - %S'.i'q a436 S - 46 Company Name and Address (as it appears on permit): ARrw& AsAL4 . Tme— "3L Clouts Rd. L"Lock D 7941W 4. Does your business have more than one office in the State of Texas? Yes —X ,, No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: N�14 5. Was the local business required to pay business and/or real property tax for the most recent tax year? X Yes No if Yes, did the local business pay any of this tax to the City of Lubbock? —X— Yes No Under penalty of , e undersigned states that the foregoing statements are true and coned. It is further acknowledged that any person, firm, corporation or entity i ti ly submitting false ' formation to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and or a period o (1� y Authorized Signature: Date: 4Z d Printed Name and Title: ITB 408-074-MA, Asphalt Materials ' Y O !� U TO: ARMOR ASPHALT PAVING 1924 MARSHALL LUBBOCK TX 79415 R C H A S E ORDER Resolution No. 2008-RO338 Page - 1 Date - 5/07/09 Order No. - 347172 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK STREET DEPARTMENT 202 MUNICIPAL DR LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAVABLE ` P.O. BOX 2000 LUBBOCK. TX 79457 BY: -------------------------- Ordered - 05/07/09 Freight FOB Destination Frt Prepaid Requested - 05/07/09 Taken By VALDEZ, ANGELA D Delivery - ITB 08-074/MA PER A. VALDEZ RE4# 32714 DELIVERED ------------------------------------------------------------------------ Description / Supplier Ite Ordered 20078 CITY TYPE D W/LATEX D 12.610 20082 CITY TYPE D W/LATEX D 13.430 20079 CITY TYPE D W/LATEX D 2.480 20084 CITY TYPE D W/LATEX D 12.230 20086 CITY TYPE D W/LATEX'D 13.120 20085 CITY TYPE D W/LATEX D 12.720 20060 CITY TYPE D W/LATEX D 12.840 20061 CITY TYPE D W/LATEX D 11.400 20063 CITY TYPE D W/LATEX D 12.360 20075 CITY TYPE D W/LATEX D 13.230 20066 CITY TYPE D W/LATEX D 12.180 20067 CITY TYPE D W/LATEX- D 13.780 20068 CITY TYPE D W/LATEX D 12.010 20071 CITY TYPE D W/LATEX D 12.300 20070 CITY TYPE D W/LATEX D 12.090 20057 CITY TYPE D W/LATEX D 12.730 20076 CITY TYPE D W/LATEX D 12.080 18216 CITY TYPE D W/LATEX D 11.860 18215 CITY TYPE D W/LATEX D 12.370 18214 CITY TYPE D W/LATEX D 13.150 18213 CITY TYPE D W/LATEX D 11.690 20055 CITY TYPE D W/LATEX D 11.610 20052 CITY TYPE D W/LATEX D 12.000 18224 CITY TYPE D W/LATEX D 13.160 18223 CITY TYPE D W/LATEX D 12.350 18222 CITY TYPE D W/LATEX D 12.200 18206 CITY TYPE D W/LATEX D 12.180 18207 CITY TYPE D W/LATEX D 12.290 UM Unit Cost UM Extension Req. Dt -- EA ----------- 78.0000 -- ------ EA 983.58 05/07/09 EA 78.0000 EA 1,047.54 05/07/09 EA 78.0000 EA 193.44 05/07/09 EA 78.0000 EA 953.94 05/07/09 EA 78.0000 EA 1,023.36 05/07/09 EA 78.0000 EA 992.16 05/07/09 EA 78.0000 EA 1,001.52 05/07/09 EA 78.0000 EA 889.20 05/07/09 EA 78.0000 EA 964.08 05/07/09 EA 78.0000 EA 1,031.94 05/07/09 EA 78.0000 EA 950.04 05/07/09 EA 78.000-0 EA 1,074.84 05/07/09 EA 78.0000 EA 936.78 05/07/09 EA 78.0000 EA 959.40 05/07/09 EA 78.0000 EA 943.02 05/07/09 EA 78.0000 EA 992.94 05/07/09 EA 78.0000 EA 942.24 05/07/09 EA 78.0000 EA 925.08 05/07/09 EA 78.0000 EA 964.86 05/07/09 EA 78.0000 EA 1,025.70 05/07/09 EA 78.0000 EA 911.82 05/07/09 EA 78.0000 EA 905.58 05/07/09 EA 78.0000 EA 936.00 05/07/09 EA 78.0000 EA 1,026.48 05/07/09 EA 78.0000 EA 963.30 05/07/09 EA 78.0000 EA 951.60 05/07/09 EA 78.0000 EA 950.04 05/07/09 EA 78.0000 EA 958.62 05/07/09 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK TEXAS Seller and Buyer agree as follows: i SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good connrtercal practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, Ic) Container number and total number of commoners, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing shp. Seller shall hear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirernents ofcommon caries and any applicable specifications. Buyer's court or weight shall be final and conclusive on ship — not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of tiding will operate as a tender of goods. 3 TITLE AND RISK OF LOSS. The title and risk ofloss of the goods shall not pass to Buyer nail Buyer actually receives and takes possession of the goods at the point or points of dehv cry. 4. NO REPLACEMENT OF DEFECnVE TENDER. Every tender of delivery of goods must. fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully confortri, this shall constitute a breach and Seller shall not have the right to substitute a conforimng render, provided. where the time for performance has not yet expired the Seller may, reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES A PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number arad the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mal To. Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment. gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract orsecuring favorable treatment with respect to the awarding or amending, or the making of arty determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer .shall be entitled, in addition to any other rights and remedies to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT if the price stated on the face hereof includes the cost of arty special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto stall became the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE, a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by when, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission. percentage, brokerage, or contingent fee excepting bons fide employees of born file established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of nghts to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or caningertt fee. 9 WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract ,oidable at the option of the Buyer. Sellerwarrants that the goods furnished will conform to the speafcation, drawings, and descriptions listed in the bid mvntatioR and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descnptios, the specifxattons shall govern. Notwithstanding arty provisions contained in the contractual agreement. the Seller represents and warrants fault -fret performance and fault -free result in the processing due and date related data (including, but not limited to calculating, compering and sequencing) of all hardware, software and firmware products delivered and services provided under this Contras. indwiltually or in cotribiratior. as the case may be from the effective date of this Contract. Vso, the Seller warrants the year2000 calculations will be recognized and accommodated and will not in any wry, retail in hardware, software or finttware failure. The City of Lubbock, at ,t• sole opuom may require the Seller. at arty time. prni, .ions n .ntends to follow in order to comply with all the obligations contained Herein The obligations contained herein apphv to products and services provided by the Seller. its sub -Seller or any third party ri ed in the creation or development of the products and services to be deh vered to the City of Lubbock under this Contract. Failure to comply with arty of the obligations contained herein, may result in the City of Lubbock availing itself of arty of its rights under the law and under this Contract including, but not limited to, its right pertaining{ to termination or default. The warranties contained herein are separate and discrete from any other warranties specified on this Contract. and are nut subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's lability, which may be specified in this Contract, is appendices, is wheduies. as annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buver shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety said Health Act of I o70. In the event the product does not conform Yo OSHA vandards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the approprude correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan ofthn contract for sale Seller agrees to nscertam whether goods martufacNred in accordance with the specificancom attached to this agreement will give rise to the rightful claim of arty third person by way of infnrgeient of the like. Buyer makes no warranty that the production of goods according to the specification visit not gave rise to such a claim, and in no event shall Buyer be liable to Seller for irsderrarifiotian in the event that Seller is sued on the grounds of mfnngement of the like. If Seller is of the opimon that an infringement or the like will result he will notify the Buyer to this effect in writing wrthm lido weeks after the signing of thus agreemert. If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specification will result in infringement or the like, the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or arty pan of the undelivered portion of this order if Seller breaches arty of the terms.hermf including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and sat in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination- specifying the extent to which perfomtmtce of work under the order is temtiniated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be hold resportoble for losses, resulting ifthe fulfillment of arry terms of provisions of this contract is delayed or prevented by arty cause not within the control of the perry whose performance is interfered with. and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT•DELEGATiON. No right or intent in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17, WAIVER No claim or right arising out of a breach of this contract can he discharged in whole or in pan by a waiver or renunciation of the claim ornght unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. I& INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids. and any other documents provided by Seller as pat of his bid is intended by the parties as a fnul expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined tH the Uniform C'onmercosi lode is used in this agreement, the definition contained in the Code is to control. 19, APPLICABLE LAW. This agreement shell be governed by the Uniform Commercial Cork. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other patsy's intent to perform he may demand that the other party give written assurance of his intent to perform, in the event that a demand is made and no assurance is given within five (5) days, the demanding party may meat this failure as an anticipatory repudiation of the contract. 21, INDEMNIFICATION. Seller shall indemnity, keep arid save harmless the Buyer, its agents, officials and employees against all injuries, deaths, loss, damages, claims, patent clairm, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or ornission of the Seller or its employees, or of the snb.Selter or assignee or its employees, of airy. ad the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all coma and other expenses arising therefrom of incurred in connection therewith. and rf arty judgment shall he rendered against the Buyer in any such actoom the Seller shall, at is own expenses. satisfv and discharge the samc Seller expressly understands and agrees that any bond required liv this contract, or otherwise provided by Seller, shall in no dvay limit the responsibility to mdemm6, keep and save harmless and defend the Buyer as herein provided. 22. I IMt. It is hereby expressly agreed and understood that tome m of the essence for the performance of the contract. and failure by contract to meet the time specifications of this agreement will cause Seller lobe in default of this agreement. 23 VIBE The City of Lubbock hereby notifies all bidden that in regard to any contract entered into pursuant to this require. minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not he discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005 TO: Y O � � I U R C H A S E ORDER ARMOR ASPHALT PAVING 1924 MARSHALL LUBBOCK TX 79415 Page Date - Order No. Brn/Plt - SHIP TO: CITY OF LUBBOCK STREET DEPARTMENT 202 MUNICIPAL DR LUBBOCK TX 79403 2 5/07/09 347172 000 OP 3511 INVOICE TO: CITY OF Lt1BBOCK ACCOUNTSPAVABLE P.O. BOA( 2000 ►�J{-�-A-�t LUBBOCK. TX 79457 BY: --------------------------------------------------------v .................. ........ Ordered - 05/07/09 Freight - FOB Destination Frt Prepaid Requested - 05/07/09 Taken By - VALDEZ, ANGELA D Delivery - ITB 08-074/MA PER A. VALDEZ RE4# 32714 DELIVERED -------------------------------------------------------------------------------------- Description / Supplier Ite 18208 CITY TYPE D W/LATEX D 20050 CITY TYPE D W/LATEX D 20049 CITY TYPE D W/LATEX D 18201 CITY TYPE D W/LATEX D 18203 CITY TYPE D W/LATEX D Ordered UM Unit Cost UM Extension Req. Dt ........... 11.750 -- EA ----------- 78.0000 -- EA ............ 916.50 -------- - 05/07/09 13.290 EA 78.0000 EA 1,036.62 05/07/09 12.960 EA 78.0000 EA 1,010.88 05/07/09 12.140 EA 78.0000 EA 946.92 05/07/09 12.400 EA 78.0000 EA 967.20 05/07/09 This purchase order encumbers funds in the amount of $31,277.22, for a bid awarded to Armor Asphalt Paving of Lubbock, Texas, on September 11, 2008, in accordance with Resolution No. 2008-110338. The following are incorporated Into and made part of this purchase order by letter of ratification or Resolution No. 2008-R0338. CITY OF LUBBOCK ATTEST: Toni Mayor Re cc9 Garza City Seckb Y ty � tart' i 'Total Order -------------------------------- -------- -- Terms NET 30 31,277.22 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: i SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address. (b) Consignce's name, address and purchase order or purchase release number and the supply agreement number if applicable, let Cordsrner number and total number of containers, a"g- box I of 4 boxes, and (d) the number of the container hearing the pecking slip Seller shall bear coal of packaging unless otherwise provided. Goods shall be suably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be find and corm live on shipric not aacrripartied by pecking list. 2 SHIPMENT UNDER RESERVATION PROHIBITED Seiler is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3 TITLE AND RISK OF LOSS. The title end risk of loss of the goods shall not pass to Buyer um d Buyer actually rem vest and take possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery ofgoods must Fully comply with all provutore of this contrap as to time a of delivery, quality and the Irke. If a tender is made which does not fully conform, this shall consititute a breech and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a confomung terrier within the contract time but not afterward. 5. INVOICES R PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Irwoicei shall be itemized and tramponation charges, if any. shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accwnrns Payable, City of Lubbock, P. 0 Box 2000, Lubbock, Texas 79457, Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUMES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is deternuned by Buyer that gratuities, in the form of entertainment gifts or otherwise, were offered or given by the Seller, or my agent "representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of arty determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall he entitled, in addition to any other rights and remedies. to recover or withhold the amount of the cost incurred by Seller in providing such gratuities 7. SPECIAL TOOLS A TEST EQUIPMENT. If the price stated on the face hereof include the cost of airy special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order. such special tooling equipment and any process shots related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. g. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Sellers current process on orders by others for products of the kind and specification covered by this agreement for simile quantities under simile of like cimdAions and methods of purchase In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expese. b. The Seller warrars that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage. or contingent fee excepting bona fide employees of boa fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to arty other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover votlwu liability and to deduct from the contract price. or otherwise recover the full amount of such commission. percentage, brokerage or contingent fee. 9 WARRANTY -PRODUCT Seller shall nut limit or exclude any implied warranties and an attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods fumished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sampk(s) furnished by the Seller, if arty. in the event of a conflict or between the speciEcastons, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date arid date related data (including. bud not limited to calculating. comparing and sequuuing) ofall hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case maybe from the eff'o6ve date of this Contract. ' Also, the Sellerwarrants the vear2000 calculationswill be reoognzed and accommodated ancr. will not. to any way, resuk in hardware, software or firmware falure. The City of Lubbock, at ,ts sole option. aria , requare the Seller, at any time, to J'monitratc the proccdu:res :t :ntcnds to follow in order to comply with all the obligations cutained herein. The obligations contained herein apply to products and services provided by the Seller,.its sal -Seller or any third party involved in the creation or development of the products and services to be delivered to the City. of Lubbock tinter this Contract. Failure to comply with any ofihe oblig4ions contained hercirn, may result in the City of Lubbock availing itself of arty uhls rights under the law and under this Contract including, but not limited to. its right pendlning (oter'mination or default. The warranties contained herein are separate and discrete from any other warrarhyhil specified in this Contract and are not subject to any disclaimer of warranty, implied or expressed. or limitation of the Seller's liability which may be specified in this Contract, its appendices, as schedules, its annexes or anv document incorporated in this Contract by retereovx. 10 SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards pnxnulgaed by the L S Department of Libor under the Occupational Safety and Health Act of 1970. in the event the product doe not conform to OSHA .standards, Buyer may return the product for correction or replacement at the Seller's expense. In the evert Seller fails to make the appropriate correction within a reasonable trine, correction made by Buyer will be at the Seller's expense. t I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of arty, third person by way of infnngement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, ad in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sited on the gmudt of infringement of the like. If Seller is of the opimon that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertain the production of the goods in accordance with the specifications will result in infringement or the Irke, the contract shell be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13 CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of arty other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected Icy the delivery of the Seller of a "Notice of Termmation'specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyerset forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of arty terms of provisions of this contract is delayed or prevented by airy cause not within the control of the party whose performance is interfered with and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION, No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any anempted assignmcrd or delegation by Seiler shall be wholly void and totally ineffective for all purpose unless made in conformity wrath this paragraph, 17. WAIVER. No claim or right arising out ore breach of this contract can be discharged in whole or to pan by a waver or renunciation of the claim or right unless the waver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as pan of his bid, is intended by the panics as a final expression of their agreement and intended also as a complete and eulusive statement of the terms of their agreement. Whenever a term defined by the Uniform Uommercal Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. 'This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is Trade and no assurance is given within five (3) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21 INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, uncials and employees. against all injuries, deaths, loss, damages, claims. patent clause., suits, liabilities, judgments. costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determused that the act was caused through negligence or omission of the Seller ur its employees, or of the subSeller or assignee or its erupt gees, if arty, and the Seller shall, at his own expense. appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith and. if am Judgment shall he rendered against the Buyer in any such action, the Seller shall, at its own expenses. satisfy and discharge the sane Seller expressly understand& and agrees that arty bond required by this contract, or otherwise prod ided by Seller, shall to no way limit the respunstbility, to indemnify, keep and save harmless and defend the Buyer as herein provided. TIME, his hereby espressly agreed and understood that nmc is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 23 1,19E. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not he discriminated against on the grounds of race, color, sex or natural origin in consideration for m award. Rev. 0812005 O Resolution No. 2008-RO338 Page - 1 U R C H A S E ORDER Date - 5/13/09 ( Order No. - 347550 000 OP Brn/Plt - 3511 TO: ARMOR ASPHALT PAVING 1924 MARSHALL LUBBOCK TX 79415 SHIP TO: CITY OF LUBBOCK STREET DEPARTMENT 202 MUNICIPAL DR LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAVABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered - 05/13/09 Freight - FOB Destination Frt Prep 'd Requested - 05/13/09 Taken By - VALDEZ, ANGELA D Delivery - ITB 08-074/MA PER A. VALDEZ REQ# 32752 -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM -- Unit Cost ----------- UM -- ............ Extension Req. Dt -------- . ---------------------------- 20141 CITY TYPE D/LATEX-DEL ----------- 12.480 EA 78.0000 EA 973.44 05/13/09 20162 CITY TYPE D/LATEX-DEL 13.210 EA 78.0000 EA 1,030.38 05/13/09 20152 CITY TYPE D/LATEX-DEL 12.500 EA 78.0000 EA 975.00 05/13/09 20153 CITY TYPE D/LATEX-DEL 13.580 EA 78.0000 EA 1,059.24 05/13/09 20154 CITY TYPE D/LATEX-DEL 12.300 EA 78.0000 EA 959.40 05/13/09 20156 CITY TYPE D/LATEX-DEL 12.100 EA 78.0000 EA 943.80 05/13/09 20160 CITY TYPE D LATEX -DEL 12.600 EA 78.0000 EA 982.80 05/13/09 20159 CITY TYPE D LATEX -DEL 13.220 EA 78.0000 EA 1,031.16 05/13/09 20168 CITY TYPE D LATEX -DEL 12.910 EA 78.0000 EA 1,006.98 05/13/09 20167 CITY TYPE D LATEX -DEL 12.680 EA 78.0000 EA 989.04 05/13/09 20163 CITY TYPE D LATEX -DEL 11.960 EA 78.0000 EA 932.88 05/13/09 20135 CITY TYPE D/LATEX-DEL 12.830 EA 78.0000 EA 1,000.74 05/13/09 20137 CITY TYPE D/LATEX-DEL 12.830 EA 78.0000 EA 1,000.74 05/13/09 20144 CITY TYPE D/LATEX-DEL 12.450 EA 78.0000 EA 971.10 05/13/09 20142 CITY TYPE D/LATEX-DEL 13.080 EA 78.0000 EA 1,020.24 05/13/09 20145 CITY TYPE D/LATEX-DEL 12.610 EA 78.0000 EA 983.58 05/13/09 20149 CITY TYPE D/LATEX-DEL 12.000 EA 78.0000 EA 936.00 05/13/09 20131 CITY TYPE D/LATEX-DEL 12.620 EA 78.0000 EA 984.36 05/13/09 18288 CITY TYPE D/LATEX-DEL 12.350 EA 78.0000 EA 963.30 05/13/09 18289 CITY TYPE D/LATEX-DEL 12.230 EA 78.0000 EA 953.94 05/13/09 18290 CITY TYPE D/LATEX-DEL 12.160 EA 78.0000 EA 948.48 05/13/09 18297 CITY TYPE D/LATEX-DEL 12.400 EA 78.0000 EA 967.20 05/13/09 18296 CITY TYPE D/LATEX-DEL 12.720 EA 78.0000 EA 992.16 05/13/09 20126 CITY TYPE D/LATEX-DEL 12.360 EA 78.0000 EA 964.08 05/13/09 20133 CITY TYPE D/LATEX-DEL 12.600 EA 78.0000 EA 982.80 05/13/09 20132 CITY TYPE D/LATEX-DEL 13.120 EA 78.0000 EA 1,023.36 05/13/09 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SF-LLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and pemtanentiv marked as Follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes- and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common tamers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. '_. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and on tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goads must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a terrier is made which does not fully conform, this shall constihtle a breach and Seller shall not have the right to substitute a conforming tender, provided. where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately- A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P, O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may. by written notice to the Seller. cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property ofthe Buyer and to the extent feasible shall be identified by the Seller as such. g. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller beaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by onhers, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. - -- - For breach of vitiation of this warranty the Buyer shall have the right in addition to airy other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such conarnssion, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification. drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding env provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will nM, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at arty time, to demonstrate the proceduresit intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller. its sub -Seller or arty third party involved in the creation of development of the products and services to be delivered to the City of Lubbock under this Contract- Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of arty of its rights under the law and under this Contract including. but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed. or limitation of the Seller's liability which may be specified in this Contract. its appendices, its schedules. its annexes or any document incorporated in this Contract by reference. 10 SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to The standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction Wade by Buyer —11 be at the Seller's expense. t i. NO WARRANTY BY BUYER AGAINST iNFRINUEMEN IS As part ofthns contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of am' third person by .vay of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertain; the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13, CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termirarion" specifying the extent to which performance of work underthe order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15, FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the Fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless Wade in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18, INTERPRETATION -PAROLE EVIDENCE. This writing, plus arty specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used it shall be corstrued as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. _20.RIGHT TO ASSURANCE- Whenever one party to this contract in gourd faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intem to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer. its agents, officals and employees, against all injuries, deaths, loss, damages. claims, patent claims, suits, liabilities, Judgments, costs and expenses. which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees. if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses. satisfyand discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save hurmless and defend the Buyer as herein provided. 22, TiME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract. and failure by contract to meet the borne specifications of this agreement will cause Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, cola, sex or natural origin in consideration for an award. Rev. 08/2005 TO: 1 t Y O 1 � URCHASE ORDER ARMOR ASPHALT PAVING 1924 MARSHALL LUBBOCK TX 79415 SHIP TO: INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LU BBOCK. TX 79457 BY: Page Date Order No. - Brn/Plt - CITY OF LUBBOCK STREET DEPARTMENT 202 MUNICIPAL DR LUBBOCK TX 79403 Ordered - 05/13/09 Freight - FOB Destination Frt Prepa�d Requested - 05/13/09 Taken By - VALDEZ, ANGELA D Delivery - ITB 08-074/MA PER A. VALDEZ RE1* 32711 ---------------------------------------------------------- 2 5/13/09 347550 000 OP 3511 Description / Supplier •Ite Ordered UM Unit Cost UM Extension Req. - This purchase order encumbers funds in the amount of $25,576.20, for a bid awarded to Armor Asphalt Paving of Lubbock, Texas, on September 11, 2008, in accordance with Resolution No. 2008-R0338. The following are incorporated into and made part of this purchase order by letter of ratification or Resolution No. 2008-R0338. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebec a Garza, City Secret9ry Total Order -------------•----------------------- -- --.._... Terms NET 3025,576.20 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: t SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable. (c) Container number and total number of conuariers, e.g. box I of 4 boxes, and (d) the number ofthe container hearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation coots and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RiSK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession ofthe goods at the point or points of delivery. 4. NO REPLACEMENT Of DEFECTIVE TENDEII. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does riot fully conform, this shall crostitanq a bread) aitd Seller sh4ll'not have the right to substitute a conforming tender. provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy ofthe bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, Payment shall not he due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller. camel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative ofthe Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contractin the event this eonmict is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies, to recover or withhold the amount ofthe cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products ofthe kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage. brokerage• or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to arty other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9 WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seiler warrants that the goods famished will conform to the specification, drawings; arid descriptions listed in the bid invitation, and to the samples) furnished by the Seller. lf any. In the eventof a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding arty provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract.' Also, the Seller warrants the year2000 calculations wilf6e recognized and accommodated and will not, in any way, result in hardware, software or firmware failpre- The City of Lubbock. at its sole option, may require the Seller, at any time, to ti�enranvtrate the procedures it intends to follow m order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub -Seller or arty third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract Failure to comply with any of the obligations contained herein. may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including• but not limited to, its right pertaining to termination or default. The warranties conained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed. or limitation ofthe Seller's liability which may be specified in this Contract its appendices. its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY, Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970, In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. i I. NO WARRANn' BY BUYER AGAINST iNFRINGEMENIS As part ofthms contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of am• third person by way of infringement of ibelike. Buyer makes no warranty that the production of goads according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like- If Seller is ofthe opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently Field liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production ofthe goods in accordance with the specifications wtit result in infringement or the like, the contract shall be null and void. 12. RIGHTOF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them, 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any, ofthe terms hereof including warranties of Serer or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of arry other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery ofthe Seller of a "Notice of-femtination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and no in lieu of the rights of Buyer set forth in Clause 13, herein. 15, FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by arty cause not within the control ofthe party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission ofthe Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this contract can be dischtarged in whole or in part by a waiver or renunciation ofthe claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement ofthe terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. - - _0, RIGHT TO ASSURANCE. Whenever one party to this contract in good faith his reason to - question the other party's intent to perform he may demand that the shier party give written assurance of his intent to perform. in the event that a derrwnd is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation ofthe contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence ofthe granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission ofthe Seller or its employees, or of the subSeller or assignee or its employees, if arry. and the Seller shall, at his own expense, appear, defend and pay all charges of anorneys and all costs and other expenses arising therefrom of incurred in connection. therewith, and. if airy judgment shall be rendered against the Buyer in any such action, thte$ell er shall, at iti own expenses. satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by StIler, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 22. TIME. It is hereby expressly agreed and understood that time is of the essence for the perfomtance of this contract, and failure by contract to nicer the time specifications of this agreement will cause Seller to be in default of this agreement. 23, MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will nor be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005