HomeMy WebLinkAboutResolution - 2009-R0442 - Contract - Ergon Asphalt & Emulsions - Liquid Asphalt Materials - 10/20/2009Resolution No. 2009-RO442
October 20, 2009
Item No. 5.10
RESOLUTION
IBE 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. 9231 for
Liquid Asphalt Materials per ITB 09091 -FO, by and between the City of Lubbock and
Ergon Asphalt & Emulsions of Austin, 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
ATTEST:
Rebecc'k Garza, City Secretary
PROVED AS TO CONTENT:
Marsha Reed, P.E. --
Chief Operations Officer
APPROVED S TO FORM:
APPROVED /'—�
;Chad Weaver, Assistant City Attorney
1vw:ccdocs/RES.Contract-Ergon Asphalt & Emulsions
October 5, 2009
day of October , 2009.
_-7Z Ai�47
TOM MARTIN, MAYOR
ITB #09 -091 -FO, Addendum #i
Resolution No. 2009-80442
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Liquid Asphalt Materials -Annual Pricing
ITB #09-091-170
THIS CONTRACT, made and entered into this 20°i 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 Ergon Asphalt &
Emulsions Incorporated ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Liquid 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 Liquid 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 Liquid Asphalt Materials
specifically referred to as Secondary Supplier for Item(s) No. 1, 10 and as Tertiary Supplier for Item(s) 2,
3, 4, 5 if Primary or Secondary Suppliers cannot provide on an as needed basis 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 (PFI),
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.
09-091-FOAddend 1. doc
I713 #09 -093 -FO, Addendum #I
5. This Contract consists of the following documents set forth herein; Invitation to Bid #09 -091 -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 trinlieate.
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
Rebec6 Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, Chief Operations Officer
APPR S TO QRM:
Assistant City Attorney
09-091-E0Ad&M 1 _doe
CONTRACTOR
BY
Authorized R tative
ERGON ASPHALT & EMULSION'S, INC.
11612 RM 2244, Building 1, Suite 250
Address
Austin, Texas 78738