The URL can be used to link to this page

Home My WebLink AboutResolution - 2008-R0339 - Contract For Asphalt Materials - Ergon Asphalt And Emulsions - 09_11_2008Resolution No. 2008-RO339 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 Ergon Asphalt and Emulsions, Inc., of Austin, 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. e-/j''''L A%n TOM MARTIN, MAYOR ATTEST: Reber - Garza, City Secretary AS TO CONTENT: )nation and Public Works APPROVED AS TO FORM: Don Vandiver, City Attorney DDres/Ergon Asphalt08Con Res September 3, 2008 I Contract: 8696 ITB #-8-074-MA-Asphalt Materials CITY OF LUBBOCK CONTRACT FOR SERVICES For Asphalt Materials Bid No. 08-074-MA Resolution No. 2008-RO339 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 Ergon Asphalt & Emulsions, Inc, of Austin, 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. 11 and 12 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. 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 #08-074-MA, Asphalt Materials ITB #-8-074-MA-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: Relit a Garza, City Secretary APPROVED AS TO CONTENT: oJaes Loomis, Transportation and Public Works ant City Manager APPROVED AS TO FORM: VIA, A, .n ITB #08-074-MA, Asphalt Materials CONTRACTOR BY�A�6c Authorized Represe ve - R. M. McKEMIE Address 11612 RM 2244, BLDG. 1, SUITE 250 AUSTIN, TEXAS 78738 ITB H-8-074-MA-asphalt Materials Resolution No. 2008—RO339 SUBMIT TO: T d CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing &Contract Management // 1625 I P Street, Rm 204 (1 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 afier the rime and date listed above, regardless afrhe made of delivery, shall be returned unopened. RESPONDENT NAME: ERGON ASPHALT & EMULSIONS, INC. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME. AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 11612 RM 2244, BLDG. 1, STE. 250 IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE —ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT AUSTIN — TEXAS — 78738 ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: (512) 469-9292 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE 1N THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: (512) 469-0391 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: beth.rop@ergon.com MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO, 64-0666411 THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE 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 purchased. 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 X 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 payment to the vendor. ` VICE PRESIDENT, MARKETING Authorized Si atu Title R. M. McKEMIE AUGUST 25, 2008 Printrrype Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB #08-074-MA, Asphalt Materials ITB M-8-074-MA-Asphalt Materials Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments. City of . Texarkana. Texas Tech University, Nest Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES X NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/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 ERGON ASPHALT & EMULSIONS, INC. a corporation organized under the laws of the State of MI S S I S S IPP I or a partnership consisting of or an individual trading as of the City of Fir,,.,. ERGON ASPHALT & EMULSIONS, INC. Address: 11612 RM 2244, BUILDING 1, SUITE 250 City: AUSTIN State: TEXAS Zip 78738 M/W BE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other S i ) c Authorized Representative - mast sign by hand AUGUST 25, 2008 Officer Name and Title: R. M. McKEMIE — VICE PRESIDENT, MARKETING Please Print Business Telephone Number (512) 469-9292 FAX: (512) 469-0391 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB 908-074-MA, Asphalt Materials ITB #-8-074-MA-Asphalt Dlaterials BID FORM Asphalt Materials CITY OF LUBBOCK, TEXAS ITB #08-074-MA In compliance with the Invitation to Bid # 08-0741•tA the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met. hereby submits the fallowing 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 Lu Bid 4[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 $ $ Black Base Tex Dot Type B) 2. 3,500 TN Tex Dot Hot Mix Type C 3. 3,500 TN Tex Dot Hot Mix Type D 4, 3,500 TN Tex Dot Hot Mix Type C (DELIVERED) 5. 3,500 TN Tex Dot Hot Mix Type D DELIVERED 6. 700 TN Tex Dot Hot Mix Type C with Latex 7• 700 TN Tex Dot Hot Mix Type D with Latex 8. 3,500 TN Tex Dot Hot Mix Type C with Latex DELIVERED 9.. 31500 TN Tex Dot Hot Mix Type D with Latex DELIVERED 10. 1,000 TN Cold Mix (UPM Type or Equal) 11. 3,000 TN Tex Dot Certified AEP Prime 850.13 2,550,390.00 1 Oil 12. 3,000 TN Tex Dot Certified CSS 1-H 695.13 2,085,390.00 1 Tack Oil PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of "- %, net '-- calendar days. Discounts 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 fatoured customer, for like quality and quantity of the productsiservices: 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 an) 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 sen ices, 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? ITS 48-074-MA. Asphalt Matenals