HomeMy WebLinkAboutResolution - 2009-R0440 - Contract - Ronnie Zahn Paving - Secondary Asphalt Materials - 10/20/2009.esolution No. 2009-RO440
ctober 20, 2009
tem No. 5.9
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Contract No. 9229 for
Secondary Asphalt Materials per ITB 09 -090 -FO, by and between the City of Lubbock
and Ronnie Zahn Paving of Lubbock, Texas, and related documents. Said Contract is
,attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this
20th day of October , 2009.
TONf MARTIN, MAYOR
TTF.ST:
Garza, City Secretary
PROVED AS TO CONTENT:
.a Reed, P.E.
Operations Officer
PPROV AS . ,O FORM:
had Weaver, Assistant City Attorney
-s/RES.Contract-Ronnie Zahn Paving
5, 2009
Resolution No. 2009—RO440
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Secondary Asphalt Materials -Annual Pricing
ITB ##09 -090 -FO
THIS CONTRACT, made and entered into this 20th day of October, 2009 pursuant to a resolution heretofore adopted by
the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Ronnie Zahn Paving Incorporated
("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Secondary Asphalt Materials -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 service of the said Secondary 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 provide to the City the Secondary Asphalt Materials specifically
referred to as a Secondary Supplier for Item(s) No. 1 through 10 and more particularly described in the bid
submitted by the Contractor or in the specifications attached hereto.
2. 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 two 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.
3. 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 Contractor shall perform the work according to the procedure outlined in
the specifications and Invitation to Bid attached hereto and incorporated herein.
4. 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.
5. 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.
b. This Contract consists of the following documents set forth herein; Invitation to Bid #09 -090 -FO, 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
7�
Tom Martin, Mayor
ATTEST:
Rebec Garza, City Secretary
APPROVE
D AS TOCONTEEN,T�:�j4=1uU'
Marsha Reed, Chief Operations Officer
APPR =
Assistant City Attorney
CONTRACT
BY
Authorized Rw resentative
Addres 1