HomeMy WebLinkAboutResolution - 2007-R0209 - Contract - Semmaterials LP - Asphalt - 05_24_2007Resolution No. 2007-RO209
May 24, 2007
Item No. 5.21
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 SemMaterials, L.P., of Lubbock,
Texas, for asphalt -annual pricing per ITB 407-040-MA, which Contract and any
associated documents are attached hereto and made a part hereof for all intents and
purposes.
Passed by the City Council this 24th day of
ATTEST:
Rebecca Garza, City Secretary
ED AS TO CQN;%T
is
, 2007.
DAVID A. ILLER, MAYOR
As§j�tant City Manager/Transportation and Public Works
APPROVED AS TO FORM: ,
Z Vandiver, Attorney of Counsel �—
DDres"Se mMateri a] sCon07Kes
May 15, 2o0 i
Resolution No. 2007—RO209
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Asphalt — Annual Pricing
Bid No. 07-040-MA
THIS CONTRACT, made and entered into this 24 day of May , 2004, pursuant to a resolution heretofore adopted by
the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and SemMaterials L.P. , ("Contractor"),
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Asphalt — Annual Pricing_ 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 .
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:
I. 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 specifically referred to as Item(s)
No. 1-3 and more particularly described in the bid submitted by the Contractor or in the specifications attached
hereto.
2. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to
Bid attached hereto and incorporated herein.
3. 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 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.
4. This Contract consists of the following documents set forth herein; Invitation to Bid #07-040-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 COh1T;i�z
rRR4eprr7,nt
BY
David A. Miller, ayor Autho4�,,
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO RM:
A si nt Ci ey
Address
SemMaterials, L.P.
1611 Marshall street
Lubbock, TX 79403
1
AP S AS TO CO ENT:
e n Lair, Street upenntendent
ITB #07-040-MA, Asphalt - Annual Pricing
SUBMIT TO:
, , e
CITY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
1625 13' Street; Rm. 204
Lubbock, TX 79401-3930
AN EQUAL
INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Marta Alvarez
EMPLOYER
��
# 07-040-MA
TEL: 806.775.2167
FAX: 806.775.2164
http.-/"purchasing.ci.lubbock.mus
TITLE:
SUBMITTAL DEADLINE:
Asphalt - Annual Pricing
May 8, 2007 * 3:00 P.M. CST
PRE BID DATE, TIME AND LOCATION: - DELETED
Arty bids recerwdaJter the Arm and due Iivsd above, reganum of, dre erode of
dedrury..AW1 be rearmed uwpemd
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 ADD SS:
!G // %'%�•��s� a !/ S
IF RN
NO NBID", PLEASE COMPLETE AND RETURN THE
IEI OE7U
`S OF
CITY — STATE —ZIP.
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
H 6 hoe)/, 9 O 3
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO
TELEPHONE NO:
OG ` % % 7 -7 9OZ
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
—
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:�J - %9s3
f/�� S?
/
REQUEST PERMITS COMIETrnVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
INADVERTENTLY RESTRICTS OR LIMTS THE REQUIREMENTS STATED IN THIS
E-MAIL:
/" f /yr eON
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO,
ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN
1.2 / s'7 �,eJ ?
2
WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER
r /
THAN FIVE i 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 srtipK 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 firms?_ YES V NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDF.R HAVING EXAMINED THE INVITATION TO BID AND
SPECIFICATIONS, AND BEING FAMILIAR WITH IIiE 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 ATTACKED 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 POR170N 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 acceptod, the offeror will convoy, 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 a un ti-that laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (a)
purcttas or a the City of Lubbock At the City's discretion such assignment shall be made and become effective at the time the City tenders final
�LL,(j.JlGo I i%l4 r�� Ji g oee
Tine
VWG Snlall
PrmbType NanA Date
THIS FORM MUST RE COMPLETED AND RETURNED WITH YOUR RESPONSE,
1TBff07-04a Ntk. doc
ITB #07-040-MA, Asphalt - Annual Pricing
BID FORM
Asphalt - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 07-040-MA
In compliance with the Invitation to Bid # 07-040-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 # 07-040-MA 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
o.
(approximase)
c.
d.
C.
f = b.r e
ARO**
b.
1.
105,000
GL
Asphalt CRS-2P
2.
20,000
GL
Asphalt CRS-IP
$ 71
$ _3z am.'"
2
3.
20,000
GL
Asphalt CRS-IHP
$ 8,W
$ Wie BSA'
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
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 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 awake 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 Interlocai 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?
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, West Texas
Municipal i'r er Agency, Lynn County, and City or Woli%rth.
YES ✓J N0
• Ifyou (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.
rrn'07-040-IvaA doe
ITB i107-040-MA, Asphalt - Annual Pricing
THIS BID 1S SiJBMITTFD BY 1241;17 01e,0R1& L , R a corporation organized under the
laws of the State of or a partnership consisting of
individual trading as of the City of
Firm: ye rw WA Ino, Z4>A
L k , .
Address: �l1' // �Worj-1l A // A -
City:
M/V1
Firm
Nbbee-k State: rZ, zi
'BE
Woman
Black American
Native American
Hispanic American
Asian Pacific American
Other (Specify)
or an
v f Athorized Representative - must sign by hand y
Officer Name and Title:l/f f I I1? A awOeA �c 4 41 �
Please Print /� J,r .+� p
Business Telephone Number �ir%(�/ — % 7 7 - 7 90� FAX: —." - ;
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Finn/Individual:
Date of Award by City Council (for bids over S25,000): Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
rrns07-040-MA.doc
ITB #07-040-MA, Asphalt - Annual Pricing
Asphalt - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 07-040-MA
THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL
BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS,
GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS.
I. INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Asphalt - Annual Pricing
per the attached specifications. Sealed bids will be received no later than 3.00 p.m. CST, May 8, 2007, if
date/time stamped on or before 3:00 P.M. at the office listed below. Any bid received after the date and
hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING
DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY
LABELED IN THE LOWER LEFT-HAND CORNER: "ITB # 07-040-MA, Asphalt - Annual
Pricing " AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE
THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR
CONTAINER. Bids must be addressed to:
Victor Kilman, Director of Purchasing & Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand
deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of
Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent
who fails to deliver in accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form
must be completed in blue or black ink or by typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be
withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by
bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
PRE -BID MEETING -DELETED -
ITB#07-040-M A. doc
ITB #07-040-MA, Asphalt - Annual Pricing
CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the
bidder's res-ponsibili1y to advise the City of Lubbock Purchasing Manager if any language, requirements,
etc., or any 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 received by the Purchasing
Manager no Iaer than five (5) business days prior to the bid closing date. A review of such notifications
will be made.
3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING
THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN
FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 l3`h Street
Lubbock, Texas 79401
Fax: (806)775-2164
RFPDepot: http://www.RFPdepQt.com
ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at hqp://www.RFPdepot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an
interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the
Purchasing Department deems the interpretation to be substantive, the interpretation will be made by
written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing
Department will be available over the Internet at http://www.RFPdepot.com and will become part of the
proposal package having the same binding effect as provisions of the original ITB. No verbal explanations
or interpretations will be binding. In order to have a request for interpretation considered, the request must
be submitted in writing and must be received by the City of Lubbock.
4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that
a bidder may have had before or after receipt of this ITB with any individuals, employees, or
representatives of the City and any information that may have been read in any news media or seen or
heard in any communication facility regarding this bid should be disregarded in preparing responses.
4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of
these specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
6 BID SUBMITTAL.
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATEITIME. FAILURE TO SUBMIT
THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO
SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked
"ORIGINAL" and the copy must be clearly marked "COPY".
iTB#07-040-MA.doc
ITB #07-040-MA, Asphalt - Annual Pricing
6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space
provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price,
extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the
unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR
BY TYPEWRITER,
6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE
INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon
request.
6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to
be included in the bid.
6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The
number of calendar days required to place the materials in the City's receiving point under normal
conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery
days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days
better delivery will automatically break a tic bid. Unrealistically short or undue long delivery promises
may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid
reason may cause removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not
be considered.
6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports,
charts, and other documentation submitted by bidders shall become the property of the City of Lubbock
when received.
6.8 [f there are any additional charges of any kind, other than those mentioned above, specified or
unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment
for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING
DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay = costs incurred in the
preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove
equality of product will be at the expense of the bidder, not the City of Lubbock.
7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction.
In the event a public information request is received for a portion of your bid that you have marked as
being confidential information, you will be notified of such request and you will be required to justify
your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the
Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or
a court of competent jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
ITB407-040-M A.doc
ITB. #07-040-MA, Asphalt - Annual Pricing
8.3 Marking your entire bid CONFIDENTIALIPROPRIETARY is not in conformance with the Texas Open
Records Act,
LICENSES, PERMITS, TAXES
4.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder
is or may be required to pay.
10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS
10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids
and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration of an award.
10.2 A HUB is defined as a small business concern which is at least 51 % owned and controlled by one or more
socially and economically disadvantaged individuals, or in the case of any publicly owned business, at
least 5 1 % of the stock of which is owned by one ore more socially and economically disadvantaged
individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic
Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans.
1 t CONFLICT OF INTEREST
11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement
with any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not
offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of
special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any
other exercise of discretion concerning this bid.
12 AUTHORIZATION TO BIND SUBMITTER OF BID
12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the
company authorized to bind the submitter to its provisions. Person signing bid must show title or
AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify
it.
12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the
Bidder and the representations, covenants, and conditions therein contained shall be binding upon the
person, firm or corporation executing the same.
13 BID AWARD
111 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods
or services at the best value for the City of Lubbock. In determining the best value for the City of
Lubbock, the City may consider:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to contracting with
Historically Underutilized Businesses and non-profit organizations employing persons with
disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -
or -none basis for any item or group of items shown on the Bid Form.
ITW7-040-MA.d0c
ITB #07-040-MA, Asphalt - Annual Pricing
13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to
comply with the listed General Conditions may result in disqualification of bid.
13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any
commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the
Attorney General to determine possible Anti -Trust violations.
13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY
THE REQUIREMENTS OF THIS INVITATION TO BID.
13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are
those that have, in the sole judgment of the City, the financial ability, experience, resources, skills,
capability, reliability and business integrity necessary to perform the requirements of the contract. The
City may also consider references and financial stability in determining a responsible Bidder.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of
employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of
1964 Civil Rights Act and amendments, except as permitted by said laws.
15 SPECIFICATIONS
15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT
restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and
quality may be considered unless specifically excluded.
15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name,
catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications.
If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete
descriptive literature must be submitted with bid.
15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of
Lubbock specification committee will be the sole determiner of what constitutes a minor deviation.
15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or
standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved
Brand list. Each sample must be marked with bidder's name and address. At bidder's request and
expense, the sample(s) not destroyed or used in examinations and testing will be returned.
15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's
expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name
and address and item number.
15.6 The City of Lubbock reserves the right to determine which specific items on any specification
requirements require strict adherence, or are most important, and those that are not, or requiring a lesser
degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such
determination can and will be a basis for evaluating, recommending and making award. The City will, at
its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the
evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid
given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets
specifications will not do us much good if delivery is two years from now). Should a requested
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specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be
considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY.
16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
16.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, 1n 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.
16.2 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.
16.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility.
17 QUALIFICATIONS OF BIDDERS
17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the
City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial
resources to provide the service specified therein in a satisfactory manner. The Bidder may also be
required to give a past history and references in order to satisfy the City of Lubbock in regard to the
Bidder's or his Subcontractor's qualifications.
17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the
ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of
Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to
reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of
Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the
contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's
qualifications shall include:
a) The ability, capacity, skill, and financial resources to perform the work or provide the service
required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or
within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his
Subcontractor;
d) The quality of performance of previous contracts or services.
IS ANTI -LOBBYING PROVISION
18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD,
BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY
DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL
OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
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19 UTILIZATION OF LOCAL BUSINESS RESOURCES
19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business
community. Bidders are strongly encouraged to explore and implement methods for the utilization of local
resources.
20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing
Manager within five (S) business days following the opening of bids. This includes all protests relating to
advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local
Government Code, as well as any protest relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award of this bid. Protests
relating to staff recommendations may be directed to the City Manager.
All staff recommendations will be made available for public review prior to consideration by the City
Council as allowed by law.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF
ANY PROTEST.
21 BIDDING ITEMS WITH RECYCLED CONTENT
21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate
bids containing items with recycled content.
21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation
adequate for the City to verify the recycled content. The City prefers packaging consisting of materials
that are degradable or able to be recycled.
22 CONTRACT TERM AND PRICING
22.1 The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal
approval. The City and Contractor may, upon written mutual consent, extend the contract for four
additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage
not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI),
whichever is most appropriate for the specific contract for the previous 12-months. At the City's
discretion, the effective change rate shall be based on either the local or national index average rate for all
items. If agreement cannot be reached, the contract is terminated at the end of the current contract period.
22.2 Listed quantities are estimates only. Actual quantities may vary dependent upon usage/requirement.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us
know of any bid requirement causing you ditculty in responding to our Invitation to Bid. We want to facilitate your
participation so that all responsible vendors can compete for the City's business. Awards should be made approximately
two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager
at (806) 775-2165.
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1I. GENERAL, CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terns and conditions of any bid submitted. The City
shall mean the City of Lubbock.
1 Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to
increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase
shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly
recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the
City for anticipated profits for the quantities called for, diminished or deleted.
Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this
bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any
and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot
satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly
remove such equipment or product without any further expense to the City. At the City's request, Seller will provide
evidence sufficient to demonstrate such equipment or product meets the foregoing.
Invoices: Seller shall submit separate invoices, in duplicate, on 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, shall be attached to the invoice. Mail to Accounts Payable, City of
Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in
default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY
MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD
PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY
ADDITIONS OR SURCHARGES.
4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who
shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the
Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract,
including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications
hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and
handling to'the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms
of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as
than originally contracted.
5 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether
goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of
any third person by way of infringement of the like. The City 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 The City be liable to Seller for
indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that
an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing
of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller
will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the
specifications will result in infringement or the like, the contract shall be null and void.
Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller
if it is determined by the City 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
toward 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 the Contract is canceled by the City
pursuant to this provision, the City 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 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no
higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the
contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches
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this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the
alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The
Seller warrants that no person or selling agency has been employed or retained to solicit or secure the 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 or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the
contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed
commission, percentage, brokerage, or contingent fee.
8 Cancellation: The City 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 and/or files
bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other
remedies which the City may have in law, equity or hereunder.
9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for
each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of
warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D,
Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.t200, which is
generally known as the Right to Know Law.)
l0 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder
shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or
purchase order is terminated and the date upon which such termination becomes effective. In the event of said
termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be
entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with
the terms of the contract or purchase order.
1 I Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms
of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
12 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by
Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly
void and totally ineffective for all purposes unless made in conformity with this paragraph.
13 Waiver: No claim or right arising out of a breach of the 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.
14 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in
its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a
final expression of their agreement and is 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 the contract, the defmition contained
in the Code is to control.
15 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever 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 the contract.
16 Right To Assurance: Whenever one party to the 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 this intent 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.
17 Indemnification: Seiler shall indemnify, defend, keep and save harmless the City, its agents, officials and employees,
against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which
may in anywise arise or accrue against the City in consequence of the granting of the 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 subcontractor 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
or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the
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Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond
required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the City as herein provided.
18 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -
current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time
funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty
(30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated
under this contract beyond the date of termination.
19 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and
failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract.
20 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a
detailed description concerning any point, shall be regarded as meaning that only the best commercial products and
practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations
of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract
shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to
materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such
items and shall be an established supplier of the item bid.
21 Environmental Stewardship
The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound
environmental performance by controlling and mitigating the environmental impact of City activities, operations, and
services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to
provide services and materials to the City are required to uphold an equally high standard. To that end all contractors
and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations.
In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and
eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent
possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub-
contractors under their supervision, will:
• minimize waste and pollution generation;
• conserve natural resources and energy;
• minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and
products;
• use the highest available post -consumer content materials and products;
recycle and/or reuse as much as is possible, waste materials; and
• incorporate into project design energy efficient fixtures, appliances and mechanical equipment.
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CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and
submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form writ or to
slate shown for receipt of bill to: Victor Kilman, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000,
Lubbock, Texas 79457.
We, the undersigned, have declined to bid on your ITB # 07-040-NIA for the following reason(s):
Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below)
Specifications unclear. (Please explain belov)
Insufficient time to respond to Invitation to Bid.
__Izwe do not offer this products or equivalent. (lf you sash to remain an hidders lisl Jar other cu111111oclilies cul(lot'
se1•rices, please state particular product alncd ot, service uu(ler which yotl shish to be elassifled)
Our product schedule would not permit us to perform.
Unable to meet specifications.
Job too large.
Job too smal I.
Cannot provide required bonding.
Cannot provide required insurance.
Bidding through dealer.
Do not wish to do business with the City of Lubbock. (Please explain below)
Other (Pleasespecify below)
REMARKS:
Company Name;_ 7t%r1► / �/A �Gr1 Q/f L " ?,
Address: Ilk /1 %�%�R/shA�/� S%�•
City: 4 mbheek State:_7'_rz` Zip !79ye 3
Contact Name: A&g& AO O Title: 7 A/'030
Business Telephone Number Mi ' ~% J — 79l%___ FAX: 1 /g—.�`Z7
Internet Address:
Company's Internet Web Page URL:
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SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-1 10) prohibits non -Federal entities from
contracting with or making sub -awards wider covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that
their organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
COMPANY NAME: }e m W/A1G�iA15;_ Z.,P
Signature of Company Official:_
Date Signed: % ' 07
Printed name of company official signing above: S r1 A)1W0eD
1TB#07-040 MA.doe 15
Resolution No. 2007-RO209
ITB 007-040-MA, Asphalt - Annual Pricing
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Subchapter L, Chapter 271. Texas Local Government Code, [n purchasing under this title any real property. personal
property that is not affixed to real property, or services. if a municipality receives one or snore 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 hid price received by file
r»unicipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with:
( I ) 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 otters the municipality the best combination of contract price and additional economic
development opportunities for the municipality created by the contract award, including the employment III' residents of [Ile
municipality and increased tax revenuers to the municipality.
This section does not apply to the purchase of telecommunications services or inronnation services, as those ternis arc defined by 47
U.S.C. Section 153.
In order to receive consideration. bidders must submit (his affidavit to:
Victor Kilnran, Director of Purchasing & Contract Management
City of Lubbock
1625 13'h Street. Room 204
Lubbock, TX 79401
Complete all areas below, hrcomplele iffliclavits may be rejected
Local Business Name: ��m Vto �'`A Lam(
Local Address (nnust be within the City limits): Ile// �SirA�A �/ ' L-H aVdf✓�� I;e
Address of the company's principal place ol'business within (lie United States: / N11/4
I. I low many residents of the City of Lubbock are employed at the above business location? w~.7
2. Year your business wits established in the City of Lubbock: •Z��•�
3. For transactions that require sales tax, provide the following Rcscller information:
Reseller Permit Number: S-7-
Nance and Address (as it appears on pennit):
rn'MIA AR-/-j'&I & L- , A
rUj
4. Does your business have more than one office in the State of Texas'? --Ie6es No
If Yes, identify the office location considered as the point-orsale credit for sales tax purposes:
A -,e -f- rx
Was the cal business required to pay, business and/or real property tax for the must recent tax year?
Ycs No
ll'Yes, did the local business pay, any of this tax to the City of Lubbock? ✓ Ycs No
Under penalty of perjury, the undcrsigneef states that the fitrce-oing statements are true and correct. It is limber acknoWedged that any person, tint.
corporation or entm intentrsmalk submruing lake�1i urination to the CilS in all attempt to quality lilt chgibilit\ shall be prnhrhrtcd from bidding or Cn}
(If' Lubbock products and SM ICOS lur ayry ro (ZOAiC ( I ) war
Authorized Signature: Date: ! ep7
Printed Name and Title: t A4 .7 r M R WQt91)
11'1307-040AIA.duc 16