HomeMy WebLinkAboutResolution - 2009-R0564 - Contract - Finishline Supply - Alternate Daily Cover Slurry Material - 12/16/2009Resolution No. 2009—RO564
December 16, 2009
Item No. 5.15
RESOLUTION
BE 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. 9297 for
annual pricing for alternate daily cover slurry material per ITB 10 -019 -DD, by and
between the City of Lubbock and Finishline Supply, a Division of Conley Lott Nichols of
Texas, Inc. of Irving, 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 16th
ATTEST:
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Rebe a Garza, City Secretary
ED AS TO
Ili
Loomis, Assistant City Att
ortation and Public Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocsfRES.Contract-Finishline Supply
November 19, 2009
day of December , 2009.
TOM MARTIN, MAYOR
Resolution No. 2009-RO564
CITY OF LUBBOCK
CONTRACT FOR SERVICES
Alternate Daily Cover - Slurry Material - Annual Pricing
ITB -10 -019 -DD
CONTRACT 9297
THIS CONTRACT made and entered into this 16 day of December, 2009, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and FINISHLINE
SUPPLY DIVISION OF CONLEY LOTT NICHOLS OF TEXAS INC. ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Alternate Daily Cover - Slurry Material,
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 Alternate Daily Cover - Slurry
Material.
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 Alternate Daily Cover -
Slurry Material specifically referred to as Item No. 1 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.
This Contract consists of the following documents set forth herein; Invitation to Bid #10 -008 -DD,
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, Mayor
CONTRACTOR
BY ,"'�/Z
Authorized Representative
ATTEST: //J,S Al
Address
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RebeAs Garza, City Secretary
APPROVED AS TO CONTENT:
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James Loomis, fraiRportation arid Public Works Assistant City Manager
APPROVE A TO FORM:
Assistant City Attorney