HomeMy WebLinkAboutResolution - 2008-R0427 - Purchase Order Contract - Granite Construction Company - 11_06_2008Resolution No. 2008—RO427
November 6, 2008
Item No. 5.13
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 a Purchase Order Contract and any associated documents with Granite
Construction Company of Lubbock, Texas, for emergency purchase of TXDOT Type D
Hot Mix per TXDOT Contract No. 1-75-138-8045-4, which Purchase Order Contract and
any associated documents are attached hereto as Exhibit A and made a part hereof for all
intents and purposes.
Passed by the City Council this 6th day of November , 2008.
"44
TOM MARTIN, MAYOR
ATTEST:
z
Reb cca Garza, City Secretary
'ED AS, TO CONTENT:
( r %
stant City Manager/Director of Transportation and Public Works
APPROVED AS TO FORM:
andiver, City Attorney
DDres/GraniteConst- Hot Mix08POres
October 23, 2008
TO:
PURCHASE ORDER
GRANITE CONSTRUCTION COMPANY
3802 19TH ST
LUBBOCK TX 79410
INVOICE TO:
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK. TX 79457
Exhibit A
Page - 1
Date - 10/22/08
Order No. - 338155 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
STREET DEPARTMENT
202 MUNICIPAL DR
LUBBOCK TX 79403
G
BY:
----------------------------•--------------------......--------------------
Ordered - 10/22/08 Freight - FOB Destination Frt Prepaid
Requested - 10/22/08 Taken By - FELIX ORTA
Delivery - PER B. BEARDEN RE4# 31755 EMERGENCY PURCHASE
------------------------------------------------------------------------------
Description / Supplier Ite Ordered
---------------------------- ...........
TXDOT TYPE D HOTMIX 630.660
Tx Dot Contract Number 1-75-138-8045-4
PO Number 8-000193
UM Unit Cost UM Extension
TN 75.0000 TN 47,299.50
Req. Dt
10/22/08
THIS PURCHASE ORDER RATIFIES THE EMERGENCY PURCHASE OF TYPE D HOT MIX USED TO REMOVE AND
REPAIR ASPHALT.
RESOLUTION # 2008—RO427
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
Rebe ca Garza, City Secre ary
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 47,299.50
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK TEXAS
Seiler and Buyer agree as follows:
1. SFLLER'1'0P 1sCKAGE GO(1DS Seiler wtlipwkVe gooab m accordance with good
commercial practice. Each shopping ecoamer shall he clearly and permanently marked as
li,tlow% (a) Seller's name and address, (h) Consignee's name, address and purchase order fir
purchase release number and the oipply agreement number trapplicabte, (c) Container number
and total number of cortamers, a g. box I ,if 4 boxes, and (d) the number of the container
he.!nrd the picking slip. Seller shall bear cost orpackagmg unless othen%ise provided. Goods
;hail Ise saotabl% packed to secure lo%vest transportation costs and to confirm with requirements
of common crren and any applicable specifications Buyer's count or %eight shall be final
and car!clusne on shipments exit accompanied by packing lists.
. SHIPMENT L \DER RESERVATION PROHIBITED. Seller is o,A authorized to ship the
,,-,ds under r eser-ation and io tender of a hilt .if lading %dt operate as a tender of goods.
3. TITLE .AND RISK OF LOSS. The title and risk of loss orthe goods shall not pats to Buyer
until Buyer aetitally recewei and takes pdwselitims of die goods at the poem or points of
delivery
4 NO REPLACEMENT OF DEFECTIVE,rfNDER. F%erytenderordJiiofgikdsmust
ruliy cc rely avuh all pmvisians of this caiN•rxf.v tntnnsc ordelivery. quality NuIlhe like. lira
tw+der is made which does not It confirm, this shall conshtiite a breach and Seller -shall not
Fave the right to substitute a conforming tender, provided, where the time for performance has
nor yet expired, the Seller may reasonably notify Buyer of lats intention to cure and may then
ncake .t coofunting lender %thin the contract time hit not atlerward.
5. INVOICES R PAYMF\ I'S.
a. Seller shalt submit separte invoices, in duplicate, tine each purchase of der or purchase
release after each delivery. Invoices shall indicate the purchase order or purchase release
rumberand the supply agreement number dappticable. Invoices shall be itemized and
ir,uispomation charges, yang, shall he listed .,eparately. A copy orthe bill of lading, and the
( eight "iv hill +%hen applicable, should be attached to the invoice. Mal To: Accwmts
Payable, City of Lubbock, P O. Box ZWO. Lubhuck,'rex.s 70457. Payment shall not be due
until the above instruments are submitted after delivery.
6. GRATUITIES. 'The Biryer may, by %vrntten notice to the Seller, cancel this contract %without
Lability to Sella dot is determined by Buyer that gratuthes, in the Farm ofentenamment, gills
or otherwise, were offered or given by the Seller, or any agent nr representative ofthe Seller, to
.my officer or employee of the City of Lubbuek with a view to securing a contract or securing
favorable treatment with respect to the awarding or amending, im the making of arty
determinations with i tspect to the performing of auch a ctenract. fit the event this contract is
canceled by Buyer pursuant to this provision, B%q•er shall be entitled, m addition rotary other
rights and remedies, to recover or withhold the amount of the cost incurred by Seller in
providing such gratuities.
7. SPECIAL FOOLS &'TEST EQUIPMENT. If the price stated an the face hereof includes the
cost of any special tooling or .special test equipment fabricated or required by Seller for tire
purpose of titling this order, such special toiling equipment and any process ,heels related
Ihoreto shall become the property of the Buyer and to the extent feabihle shall be identified by
the Seller as such.
R. WARRANTY -PRICE.
a..rhe puce to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to he an highs than Seller's current process at cinders by others far products of the
kod aril spenfcition covered by this agreement fur similar quantities under similar of like
rondmons and methods, of purchase. In the event Seller (reaches this warranty, the prices of
the uemc shall tic reduced to the Seller's current prices on orders by others, or in the
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actinal .expense.
Is. 'rhe Seller warrants that nro person or selling agency has been employed or retained to solicit
or secure this contract upon an agr emem or understanding for commission, percentage,
brokerage, or contingent fee escepttng bona ride employees orixrna fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business.
For breach- of wciation of this warranty the Buyer shall have the right m addition to any other
n•;ht of rights to cancel this contract .without liability and to deduct from she contract price, or
other%se reawer without Lability and to deduct from the contract price. or otherwise recover
the fill .amount of ,uch commisstun, percentage, brokerage or contingent fee.
'I. 1A ARRANTY-PRODUCT Seller shall riot lanit or exelude any implied warranies and any
attempt Its do so ,hall render this contract vutJable of the option of the Buyer. Seiler k rrants
that the .wins furnished will confirm to the.+penficaoon, drawings, and,lescnptions listed in
the hid mt.fatron, and to the ,.nnplefs) fiunished by the Seller, tf any. In the event ofa_conflict
tx Item%den the specrticatons. Jrawmgs. and descriptions, the speciticitrom shall go+em.
`:otw,thstand:rg anv prn%:siom ciot.vi m the contractual ,greens the Realer represents
.and %irranis f:udt-f net perfonnarce and Luilt-free result on the processing dare and date related
dirt r mcludoig, but not limited to calculating. comparing and wquencing) orall hardware,
mithvue and firma are products (felt vered and tier Ices provided under this Contract,
-Jiv.Jtrtlty or to combotation, as the case may he from the erteclive date of Ihis Conirnt
.\f w the Seller warrants the ye,u'_oAk] caladatinns .If beirec-goued and :canrmn.lated and
•.oil !.ant m anv %v.ty. result in harJ%iure, aifi%.ve or frnnw:ue t:nLue TlieCtiv ot'Luhhock. at
,., ,tic ufitt.n, may teapnte line :hell%, al .nay lust, its +ieow,.,tatt flit pi %ie4t.reo d,r.ie.idi fa.
folio%v :n order to comply %uh .di the vNizotiuns cocttuied hereto The ohiogations omit%:,n td
Iterem .apply to prs!o vts and ser,rces provided by the .°aeller, as sub -Seller or any third party
;naol, vl m the creation or development of the products and ser%ices In he deli veered to the ('try
.'I i,ul:hcck w,der this C omrut, Fadere ro comply tvth anv of the nbi+gm ions contained
!'erne, may resole nitthcC•.ty of Lobbtnk availing :Iself of any' of its nghis vr.der the taw .ird
order chi; ('nntrzcf .nclnding, hot nor hated to, its right pertaining to termonation nr Jefolr
I"he +,am mes contamcd hereon arc wpartie and dr,crcle from any other •varr.mces ,pecilied
.a thts Corr-wi, .ind are not -J !ect to anv dnscla:mer of •warranty. implied or e%lresaed. or
I o:ar.m:r•n ,tithe S,!ler's 4ebity •shich niay he pecd)ed in this (.,risen. as apperdtces, its
v,..dulc,, It. .sane+.es IT ,icy .!ocmren; .cu;r);or.ttcd as thin Contract h% rcfercoce.
10. SAFETY WARRANTY Seller warrants that the product sold to the R+lyer ;,all conform to
the standards promulgated by the L. S. Department of Labor under the Occup.w real Safety .tod
Health .let of ;1170 to the Went the product does nut eonfoma to OSHA standards, B+ner may
return the product for correction or replacement at the Seller's expense_ IT. the event Seller
fit Is to make the ippropn ate correction tv,thm a reasonabk tune, correction n%,tde by Buyer
tv dl beat the Seller's expense.
11. NO%V.ARRANTYBYSti1'FR.iGAINSTINFRI\'GE%tEVTS Aspartofths,,wiratttar
sale Seiler agrees to ascertaio whether gcxxh m,mufactued in accordaree with the
specificatioin Attached to this agreement wall give rise to the rightful claur vran) third peron
by way of infringement of the like. Buyer rrukdts no %arranty that the prodtoctien of;_wxfs
.iccordmg to the specification will not gyve rise to such a claim, and ui nit eo.at %ball Buyer be
liable to Seiler tier indemnification in the event that Seller is sued tin the gro,ukls of
mtttngentent of the ttke. If Seller is of the apnion that an infringement or the like vill result,
he .will notify the Buyer to this effect in writing within two weeks after the „going of this
agreement. If Buver does not receive notice and is subsequently held habie fer the
ntfmgement or the like, Seller will save Buyer harmless. If Seller in goatd truth asoart,uns the
production of the goods in accordance with the specifications tall result to :rifnge'vent or the
like, the contract shall be null and void.
12. RIGHT OF INSPECTION. Buyer .shall have the right to inspect the grxds at Jdrery I dare
accepting them.
13. CANCELLATION. flower shall hive the right to Cancel for default all or arr ; art or the
undelivered portion of this order if Seller breaches any of the terms hereof including w:urantiess
of Seller or if the Seller becomes insolvent or commits Acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may haves"
law or equity.
14. TERMINATION, The performance of work under this tinder maybe terminated m whole, or in
part by the Buyer in accordance .with this provision. Termination ofwork hereunder,half he
effected by the delivery of the Sellerof a "Notice of Termination" specifying the extent to
which performance of work under the order its terminated and the dale upon w hitch such
temmnation hecornes effective. Such right or termination is m addition to.nd not in lieu of the
rights of Buyer set forth in Clause 13, herein.
15. FORCE VIAJEI IRE. Neither party shall be held responsabie for lases, resulting if the
f lfillment of,ny terms or provisions of this contract is delayed or presented by airy cause not
within the control of the party whose performance is interfered %with, and wilt by the exercise
of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned a
delegation arany obligation made by without Seller wout the written permission of die iuver. Any
attempted asngnment or delegation by Seller shall be wholly void and totally ineffective fir all
purpose unless made in conformity with this paragriph.
17 WAIVER. No claim or Tight arising out of a breach of this contract can he clu.charged in whole
or in p:tt by a waiver or renunciation of the claim or right unless the wane cr or renunciation its
supported by consideration and is in writing signed by the aggrieved party, .
18, INTERPRETATION -PAROLE EVIDENCE, This writing, plus 4" specifications for bids arcd
performance provided by Buyer in is advertisement for bids, trod any othei documents
provided by Seller as part of his bid, is intended by the parries ais a final expression orthen
agreement and attended also as at complete and exciusnvo statement orthe terms of their
agreement. Whenever a term defined by the Unifcrm Commercial Code s u.ed in th'.
agreement, the definition contained in the Code is to control.
h). APPLICABLF LAW. This agreement shall be;;ovemed by the Uniform Commercial rode.
Where ever the term "Umtorrn Commercial Code" is otsed, it shall be construed as, me,urng the
Cnd'orm Coomnerci al Code as adopted in the State of'rexas as effective and in force tact the
date of this agreement.
.0. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has ieason to
question the other parly's intent to perform he may demand that the other party give written
:assurance of his intent to perform, In the event chat a demand is nude.nd no.t,.strance is
,given wilhm five (5) clangs, the demanding party may treat this failure as an anticipatory
tepndiation of the contract.
21 INDEM\IriCAT1GN. Seller shall indemnify, keep and rive harmless the Buyer, its agents,
offetala and employees, ,against all mpuuex, deaths, loss, damages, clanns, jm ent.:ia,rw ,its,
tiabltties.palgments, costs and expenses, %hich may in anywist accrue against the Buyer in
consequence of the granting of its Contract esrwhich may anywise result thtre6nm, :vhether
or rut it shall be alleged or determined that the act %was caused through negh;genee ox omtsso.on
,Xthe Seller or its employees, or orthe subRelleror asstµnce it its empinvees, tf,my..ind the
Seller shall, ,t his awn expense, appear, deferxl and pay all charges (if,ttrneys anal all ,,.As
and other expenses arising therefrom or incurred in connection there%ath, and. if any judgment
shall Is- rendered .against the Buver in an) such action• the Seller shall, ,t its own c'.pcniies,
tisfy and discharge the same Seller expressly underslands ,nd .agrees tht ary lord required
by tlus contract orothemise provided M• Seller, %hall ;n tin %v,lv hirot the nsp,mobt!ty to
tnJemmty, keep and save harmless and defend the Buyer,o herein provided.
'I AIE. It ;s her±hv expressly, .,,rced .and understood that time is ofthe es ercc f'r ,he
rerf rename of this contract and failure by contract to meet the note specificatnns oriha
.igreemcnl %all came Seller to be in default of this agreement
''-1 IIBE. 'Roe Coy orf-uhhitc•k hereby natifrs aB Indders that in regard to:my contract entered
into pursu:ml to this request, mtnor,h .ind %corm I•usivess enterprises !,ill be at'urJed ad;ual
oppornunties fo suhnor hills in response to this invitation .md %%ll not he Jtscrmma0.d .ug.a,n,a
on the grota%ds of race, color, sex or r.ahir.d orgm in consideration fir an .rvarl
Rev. 08/2005
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