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HomeMy WebLinkAboutResolution - 2017-R0400 - Cimline Pavement Maintenance Group - 10/26/2017Resolution No. 2017-RO400 Item No. 6.15 October 26, 2017 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 for and on behalf of the City of Lubbock, Purchase Order No. 31035749 for the purchase of Cimline Crack Sealer M2 as per BuyBoard 515-16, by and between the City of Lubbock and Cimline Pavement Maintenance Group of Plymouth, Minnesota, and related documents. Said Purchase Order 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 on October 26, 2017 rI DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City ecre y APPROVED AS TO CONTE Scott Snider, Assistant City Manager APPROVED AS TO FORM: Ke li Leisure, Assistant City Attorney ccdocs:RES. Purchase Order 31035749.Cimline Crack Sealer M2 10.10.2017 City of Lubbock TEXAS PURCHASE ORDER TO: CIMLINE PAVEMENT MAINTENP 2601 NIAGARA LANE PLYMOUTH Minnesota 55447-4721 Page - 1 Date - 10 09 2017 Order Number 31035749 000 OP Branch Plant 3526 TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta A arez, irector of Purchasing & Contract Management Ordered 1&09'2017 Freight Requested 12/07,2017 Taken By Delivery J LOERWALD REQ 50919 BUYBOARD 515-16 Description/Supplier Item Ordered Unit Cost UM Cimline Crack Sealer M2 1.000 55,010.0000 EA CC 4531 Terms NET 30 S GONZALEZ Extension Request Date 55,010.00 12/07'2017 Total Order 55,010.00 This purchase order encumbers funds in the amount of $55,010.00 awarded to Cimline Pavement Maintenance Group of Plymouth, MN, on October 26 , 2017. The following is incorporated into and made part of this purchase order by reference: Cimline Pavement Maintenance Group of Plymouth, MN dated September 18. 2017 from BuyBoard #515-16. Resolution # 2017-RO400 CITY OF LUBBO ATTEST: Daniel M. Pope, Mayor Rebe ca Garza, City Secretary Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS Ib1PORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX I SELLER TO PACKAGE GOODS Sella will package goods in accordance with goad commercial practice Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable. (c) Container number and total number of containers, a g. bot I of 4 boxes, and (d) the number of the container bearing the packing slip, Sella shall bear cost of packaeutg unless othm%sse provided Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conciusw a on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED Sella is not authorized to ship the goods under resen ation and no lender of a bill of lading will operate as a tender of goods 3. TITLE AND RISK OF LOSS, The title and risk of loss of the goods shall not pass to Buya until Buyer actually receives and lakes possession of the goods at the point or points of deli%en 4. NO REPLACEMENT OF DEFECTIVE TENDER E%m. tender of delaery of goods must fully comply with all provisions of this contract as to time of dela en. quality and the like If a lender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a confonmme tender. provided. where the time for performance has not yet expired, the Seiler may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward 5, INVOICES S PAYMENTS. a. S e I I e r shall submit separate nivotms. in duplicate one each purchase order or purchase release afier each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable Ira oices 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 should be attached to the invoice Mail To: Accounts Payable City of Lubbock. P 0 Box 2000. Lubbock Texas 79.757. Payment shall not be due until the above instruments are submitted after dcli%ay 6. GRATUITIES. The Buya may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities. in the form of entertainment. gd(s 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 %in% to securing a contract or securing fay omble treatment with respect to the aw ardmg or amending. or the making of any determinations w ith respect to the performing of such a contract In the e%ern this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled in addition to am other rights and remedies. to reco%eror withhold the amount ofthe cost incurred by Sella in pro%iding such gratuities 7. SPECIAL TOOLS S TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required b% Seller for the purpose of filling this order such special tooling equipment and any process sheets related thereto shall become the proper of the Buyer and to the extent feasible shall be identified by the Sella as such. S. WARRANTY -PRICE a. The price to be paid by the Buyer shall be that contained in Seller s bid which Sella warrants to be no higher than Seller s current process on orders by others for products of the kind and specification covered b% this agreement for similar quantities under similar of like conditions and methods of purchase In the e%ent Seller breaches this "arrant. the pnces of the items shall be reduced to the Seller's current prices on orders by others, or in the ahenuti%e Buyer may cancel this contract without liability to Seller for breach or Seller s actual expense b The Sella warrants that no person or selling agency has been employed or retained to solicit or secure this 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 of vitiation of this warranty the Buyer shall have the right in addition to any other nghl of rights to cancel this contract without liability and to deduct from the contract price, or othm%ae recover without liability and to deduct from the contract price. or othe v, ise recover the full amount of such commission. percentage, brokerage or contingent fee 9 WARRANTY -PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract %oidable at the option of the Buyer Seller warrants that the goods fumished will conform to the specification draw rags and descriptions listed in the bid in%nation. and to the sample(s) furnished by the Sella if am In the e%ent of a conflict or between the specifications dmumgs and descriptions the specifications shall goner Notwithstanding any pro%isions contained in the contractual agreement the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including but not limited to calculating comparing and sequencing) of all hardware, soflware and firnwarc products delnered and sin ices pro%ided under this Contract, indn ndually or in combination as the case may be from the effecti%e due of this Contract. The obligations contained herein apply to products and sm ices provided by the Seller its sub- Seller or any third part irvoh ed in the creation or development of the products and sin ices to be delnered to the City of Lubbock under this Contract Failure to comply w ilh any of the obligations contained herein may result in the City of Lubbock a%ailnig itself of any of its nghls under the law and under this Contract including, but not limited to its right pertaining to iammation or default The warranties contained herein are separate and discrete from any other warranties specified in this Contract. and are not subject to any disclaimer of warranty, implied or expressed or limitation of the Seller's liability which may be specified in this Contract. its appendices, its schedules its annexes or any document incorporated in this Contract by reference 10 SAFETY WARRANTY Sella warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970 In the event the product does not conform to OSHA standards Buyer may return the product for correction or replacement at the Seller s expense In the hent Seller fails to make the appropriate Lorrecuon within a reasonable time, correction made by Buyer w ill be at the Seller's expense I I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As pan of this contract for sale Sella agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will _e'i%e rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no u arann that the production of goods according to the specification w ill not give rise to such a claim, and in no event shall Bu%cr be liable to Seller for indemnification in the event that Sella is sued on the grounds of infringement of the like If Sella is of the opinion that an infringement or the like will result, he will notify the Buya to this effect in writing within two weeks after the signing oflhis agreement If Buyer does not recene notice and is subsequently held liable for the infringement or the like. Sella will save Buyer harmless. If Sella in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the likethe contract shall be null and void 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the Cit In the e%enl of nonappropriauon of funds by the City Council of the City of Lubbock for the goods or sm ices provided under the contract. the City will terminate the contract, without termination charge or other liabilityon the last day of the then -current fiscal year or "hen the appropriation made for the then -current year for the goads or sen ices co%ered by this contract is spent. whichever event occurs fust. 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 noticebut failure to gi%e such notice shall be of no effect and the Gr, shall not be obligated under this contract beyond the date of fa mnatian I I RIGHr 01 I\Y I I ION Buyer shall he c 11L net I w ur I Lint th e d at dehn cry bel to a—I)i m,, them 14. CANCELLATION Buyer 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 Sella or if the Seller becomes msokent or commits acts of bankmptcy Such right of cancellation is to addition to and not in lieu of any other remedies a hich Buyer may have in law or equity 15 TER%IINATION. The performance afwork under this order ma} be terminated to whole. or in pan by the Buyer in accordance with this precision. Termination of work hereunder shall be effected b% the deter ery of the Seiler of a "Notice of Tertnmauon" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes efiecuwe Such right or lamination is in addition to and not in lieu of the rights of Buya set forth in Clause 14 herein 16 FORCE MAJEURE. Neither pang shall be held responsible for losses resulting tithe fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the pang whose performance is interfered with. and which by the exercise of reasonable diligence said pare is unable to present. 17 ASSIGNMENT -DELEGATION. No richt or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer Any attempted assignment or delegation by Sella shall he whollyy void and totally ineffective for all purpose unless made in conformity with this paragraph. I S WAIVER. No claim or right arising out of a breach of this comma can be discharged mw hole or in part by a waver or renunciation of the claim or right unless the waver or renunciation is supported b% consideration and is in writing signed by the aggrieved party. 19 INTERPRETATION -PAROLE EVIDENCE This w%ntme, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided b, Seller as pan of his bid. is intended by the parties as a final expression of thew agreement and intended also as a complete and exclusive statement of the terms of their agreement Rhene%er a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control 20 APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code Wherena 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 of alive and in force on the date of this agreement _'I RIGHT TO .ASSURANCE Whene%a one pang to this 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 his 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 One contract. ' INDEMNIFICATION Sella shall indemnify keep and sa%e harmless the Buyer. its agents, officials and employees, against all injuries, deaths loss. damages, claims, patent claims, suits. liabilities, judgments costs and expenses, which may in amw ise accrue against the Buyer in consequence of the granting of this 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 subSella or assignee or is employees, if any and the Sella shall, at his own expense. appear, defend and pay all charges of atlomc%s and all costs and other expenses arising therefrom of incurred in connection themt rah, and, if any judgment shall be rendered against the Bova in any such action, the Sella shall, at its own expenses satisfy and discharge the same Sella expressly understands and agrees that any bond required by this contract. or oli—ise provided by Seller shall in no way limit the responsibility to indemnify keep andsavehamless and defend the Buya as herein provided '3 TIME It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement w dl cause Seller to be in default of this agreement 24 VIBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, mmonty and women business enterprises will be afforded equal opportunities to submit bids in response to this in%nauon and will not be discriminated against on the grounds of race, color sex or natural ongin in consideration for an award. 25 NON ARBITRATION The City resines the right to exercise any right or remedy to it by law contract equity or otherwise, including without limitation, the right to seek any and all fortes of relief in a court of competent jurisdiction. Further, the Cin shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy The remedies set forth heron are cumulative and not exclusio e and may beexercised concurrently To the extent of any conflict between this pro%ision and another pro%ision in or related to. this document this pro%ision shall control '_6 RIGHT TO AUDIT At any time during the tern of the contract. or thereafter, the City or a duh authonzed audit representamc of the Cin or the Slate of Texas. at its expense and at reasonable notes resines the right to audit Contractor's records and books remain to all smices pro%ided to the City under this Contract In the event such an audit by the Cin reseals any errors or o%enpayments b% the Cm Contractor shall refund the City the full amount of such overpayments within thin, 1301 days of such audit findings, or the Cm, at its option, resm es the right to deduct such amounts owing the Cin from any payments due Contractor 27 HOUSE BILL 2015 House Bill 2019. signed by the Go%enor on June 14 2013 and effective on Januar 1 2014, authonzes a penalty to be imposed on a person who contracts for certain sen ices with a 90%emmenlal entity and who fails to properly classify their workers This applies to subcontractors m well. Contractors and subcontractors who fail to properly classify indn iduals performing work under a goy ermental contract u ill be penalized 5200 for each mdi%idual that has been misclassified (Texas Government Code Section 2155 001). _'S ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assign or sublet the contract. or any portion of the contract, without written consent from the Director of Purchasing and Contract Management Should consent be gin at the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies w nth all contract Insurance requirements. 29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the S4th Leealature, created ;2252 903. Texas Government Code. Section 2751.903 requires a business entity entering into certain contracts with a go% mmental entity or state agency to file with the gc, crnmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instmctions for completing Forte 1295 are available at Into: www ci lubbock lx us'deoartmental- vebsites�dcoartmentc oumhasine vendor -inform tion 30 CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Sm ices that the Contractor has read. fully understands. and u111 be in full compliance with all tarts and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The Cit disclaims an, terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor. the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the partiesand any prior conflicting turns shall be of no force or effect. 31. House Bill 39, effective September I. 7017, amended the Texas Government Code to add Chapter '170, Prohibition on Contracts with Companies Boycotting Israel. Effective September I. 1017, a state agency and a political x46, i<inn (,%hich includes a city) tiny nor ew, a contract with a compan, fir goods or smices unless the cmm0[t contains a written verification llom the company that: W it does nm Hoycou IsiarI and (ii) will not Boycott Israel during the term of the contract. By accepting this purchase order, the Vendor (Pmfessional or other applicable trnn defining the contracting parry) vmftes that it does not Boycott Israel, and agrees that during the term of this Agreement (Contract as applicable) will not Boycott Israel as that trnn is defined in Texas Govemment Code Section 303.001. as amended Rn 92017 Cim/ine Pavement Maintenance Group NAME COMPANY: ADDRESS: CITY: STATE/ ZIP: PHONE: Professional Pavement Maintenance Products 2601 N agara Lane N Plymouth, MN 55447 Phone 1612S770.6506 Fax1866�529-0277 QUOTE TO: DATE; 9118/2017 QUOTE # Salesman GARY MCGEE FOR: TEXAS PATCHER TIM MERRITT CIMLINE/ ID U RACO CITY OF LUBBOCK BUY BOARD CONTRACT NUMBER 515-16 NOTE: PLEASE MAKE PURCHASE ORDER TO CIMLINE PAVEMENT MAINTENE GROUP AND SEND PURCHASE ORDER TO GARY MCGEE, gmcgee@cimline. ITEM DESCRIPTION PART NO. QTY LIST PRICE DISC. 1 DISC. 2 Buy Board Price 1 N12,230 GALLON DISEL HEATED HOSE 301389 1 $ 51,300.00 2 ENGINE COVER 409127 1 $ 1,710.00 S - s - s - S - S - S - $ s - S - s - s - $ s - s - s - s - $ $ NOTES: DELIVERY IS 6 WEEKS ARO SUBTOTAL $ 53,010.00 Surcharge % Surcharge amount $ - TAX RATE SALES TAX - FREIGHT 2,000.00 TOTAL $ 55,010.00 This Quotation is valid for 30 days from above date Manager GARY MCGEE Signature THANK YOU FOR THE OPPORTUNITY TO PROVIDE YOU WITH A QUOTE. CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-270642 Cimline Pavement Maintenance Group Plymouth, MN United States Date Filed: 10/11/2017 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. P.O.#31035749 Cimline Crack Sealer M2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Parry. X 6 AFFIDAVIT I swear, or affirm, under per46y of perjury, that the above disclosure is true and correct. AN(i8N1AVAt8M8ffiWAM NOTARY PUBLIC•MINNE8t7TA MyCprytYalon isKplre.,gn.9t, ttOtt - Si .nature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, b the said 19s the day of 20�, to c iii+ whisk�w' ess my hand and seal office, Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1 of 1 Complete Nos.1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-270642 Date Filed: Date Acknowledged: 10/11/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cimline Pavement Maintenance Group Plymouth, MN United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is10/11/2017 being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. P.O.#31035749 Cimline Crack Sealer M2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337