Street Slurry Seal Services, City of Euless-4395-Award/Ordinance/Pricing (2)
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE
CITY OF EULESS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE
FOR THE PURCHASE OF STREET SLURRY SEAL SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
4395-INTERLOCAL AGREEMENT FOR STREET SLURRY SEAL SERVICES WITH THE
CITY OF EULESS, CONTRACT AWARDED TO VIKING CONSTRUCTION, INC. IN THE
ESTIMATED AMOUNT OF $150,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to purchase street
slurry seal services from Viking Construction,. Inc. in the unit price amounts shown on Exhibit A
under competitive bids received by the City of Euless in accordance with an Interlocal
Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local
Government Code which is on file in the office of the Purchasing Agent.
SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant
to the agreement for the purchase of various goods and services.
• SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of . r2009.
MARK A. B`t7~RO~,GHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /j )0 it, ki
V I-- APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3-ORD e 4395
Exhibit A
Unit Pricing for Street Slurry Seal Services
City of Euless Bid 006-09
Line Item Description
Unit Price
I Furnish and Install Asphalt Slurry Seal $2.38/SY
2 Furnish and install Microsurfacing $3.50/SY
City of
D -mr. %4 N r-
901B TEXAS STREET DENTON, TEXAS 76209 MATERIALS MANAGEMENT DIVISION
940.349.7100 www.dentonpurchasing.com • FAX 940.349.7302
September 23, 2009
Viking Construction Inc.
Attn: Mr. Brad Pearc
2592 Shell Road
Georgetown, TX 78628
Ref: File 4395-Interlocal Agreement Street Slurry Seal Services & The City of Euless
Dear Mr. Pearc:
Please find enclosed a copy of our Ordinance 2009 - 207 that applies to an Interlocal
Agreement to be executed by The City of Euless. This project was awarded on our
• September 15, 2009 Council Session. Please see Exhibit A for pricing.
Thank you for your interest in the City of Denton.
If I can answer any questions, please let me know.
Sincerely,
Tom Shaw, C.P.M.
Purchasing Agent
Cc: File 4395
Bid Award Book
•
"Dedicated to Quality Service"
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September 24, 2009
Michael Lowry
Purchasing Manager
City of Euless
201 N. Ector Drive
Euless, Texas 76039
REF: Signed Interlocal Agreement Contract
Dear Michael:
• Please find enclosed an original signed Cooperative Purchasing Interlocal Agreement
between the City of Denton and City of Euless.
Thanks for working with us on this agreement. Let me know if we can help in the fixture.
Sincerely,
Tom D. Shaw, C.P.M., A.P.P.
Purchasing Agent
•
"Dedicated to Quality Service"
www. ci tuofden ton. corn
• INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN THE CITY OF EULESS AND THE CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the day of 2009, -Zotl between the City of Denton, and the City of Euless; jointly referred to herein as "parties
WHEREAS, the respective parties are authorized by the Interlocal Cooperation
Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and
agreements for the performance of governmental functions and services including
administrative functions normally associated with the operation of government such as
purchasing of necessary materials and supplies;
WHEREAS, it is the desire of the aforesaid parties to comply with and further the
policies and purpose of the Interlocal Cooperation Act;
WHEREAS, the parties cannot normally obtain the best possible purchase price
for materials and supplies acting individually and without cooperation; and
• WHEREAS, it is deemed in the best interest of all parties that said governments
do enter into a mutually satisfactory agreement for the purchase of certain materials and
supplies;
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder shall make that performance or those
payments from current revenues legally available to that party;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants
and conditions contained herein and pursuant to the authority permitted under the
Interlocal Cooperation Act, promise and agree as follows:
1.
Purpose
The purpose of this Agreement is to authorize the parties' mutual participation in
various contracts for the purchase of various goods and services. Participation in this
cooperative program will be highly beneficial to the taxpayers of the participating parties
through anticipated savings to be realized.
• Interlocal Agreement - City of Euless and City of Denton Page 1
• II.
Duration of Agreement
This Agreement shall be in effect from the date of execution until terminated by
either party to the agreement.
I11.
Relationship of Parties
It is agreed that the parties, in receiving products and/or services specified in this
agreement, shall act as an independent purchaser and shall have control of its needs
and the manner in which they are acquired. Neither party is an agent, employee or joint
enterprise of the other, and each party is responsible for its own actions, forbearance,
negligence and deeds, and for those of its agents or employees, in conjunction with the
utilization and/or cooperative solicitation of any Supplier Agreement obtained in
accordance with Texas law.
Parties shall notify all participating entities of available contracts to include terms
of contract, commodity cost, contact names and addresses, and shall keep participating
parties informed of all changes to the Cooperative Purchasing list of contracts.
Nothing in this agreement shall prevent any participating party from accepting
and awarding bids for commodities subject to this agreement individually and in its own
behalf.
Tom D. Shaw, C.P.M., Purchasing Agent is hereby designated
official
representative to act for the City of Denton in all matters relating to this agreement.
Michael Lowry, C.P.M., is hereby designated as the official representative to act
for the City of Euless in all matters relating to this agreement.
IV.
Purchase of Goods and Services
All products and services shall be procured in accordance with procedures
governing competitive bids and competitive proposals.
The parties will be able to purchase from those contracts established by the other
where notice has been given in the specifications and successful bidder has accepted
terms for Cooperative Purchasing Agreements for local governments.
The parties hereto agree that the ordering of products and services through this
agreement shall be their individual responsibility and that the successful bidder or
bidders shall bill each party directly, or as deemed advantageous to both parties.
Interlocal Agreement - City of Euless and City of Denton Page 2
The parties agree to pay successful bidders or anticipating governments directly
for all products or services received from current revenues available for such purchase.
Each party shall be liable to the successful bidder only for products and services
ordered by and received by it, and shall not by the execution of this agreement assume
any additional liability.
Parties do not warrant and are not responsible for the quality or delivery of
products or services from successful bidder. The participating parties shall receive all
warranties provided by successful bidder for the products or services purchased.
In the event that any dispute arises between individual parties and a successful
bidder, the same shall be handled by and between the participating party's
governmental body and the bidder.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers thereon the day and the year first above written.
CITY OF U E S CITY OF DENTON
By: -WV McKamie By: George Ca pbell
City Manager City Manager
40
ATTEST: '
e
Susan Crim, TR C, City Secretary
to Interlocal Agreement - City of Euless and City of Denton Page 3