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HomeMy WebLinkAboutResolution - 2009-R0061 - PO - USA Shade & Fabric Structures Inc.- Bleacher Shades - 02_12_2009Resolution No. 2009—R0061 February 12, 2009 Item No. 5.16 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, a Purchase Order for the purchase of bleacher shades as per TCPN Contract #R4881, by and between the City of Lubbock and USA Shade & Fabric Structures, Inc. of Dallas, Texas, 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 this 12th day of February , 2009. TOM MARTIN, MAYOR ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONNT: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdoes/Chad/Resoiutio►is RES.USA Shade & Fabric Structures, Inc.-Purchase0rd February 3, 2009 CITY OF LUBBOCK Y URCHASE ORDER TO: USA SHADE & FABRIC STRUCTURES, INC 8505A CHANCELLOR ROW DALLAS TX 75247 Page - 1 Date - 2/03/09 Order No. - 342659 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK PARKS & RECREATION 1212 ERSKINE LUBBOCK TX 79457 INVOICES TO: CITY OF Ll BBOCK ACCOLNTSPA►ABLE P.O. BOX 2000 Ll `BIIOCK, TX 79457 BY: ' �— Ordered 02/03/09 Freight - FOB Destination Frt Prepaid Requested - 02/12/09 Taken By - FELIX ORTA Delivery - PER C. WUENSCHE REO# 32270 TCPN CONTRACT# R4881 Description / Supplier Ite 27' x 18' Sun Port Hip 18' x 36' Sun Port Hip Hand Dig 12 Holes Shipping/Handling Assembly/Installation Engineering Ordered UM Unit Cost UM Extension 8.000 EA 2,984.0000 EA 23,872.00 4.000 EA 5,437.5000 EA 21,750.00 1.000 EA 5,400.0000 EA 5,400.00 1,000 EA 2,000.0000 EA 2,000.00 1.000 EA 32,400,0000 EA 32,400.00 1.000 EA 950.0000 EA 950.00 INSURANCE CERTIFICATE REOUIRED PRIOR TO INSTALLATION: Req. Dt 04/16/09 04/16/09 04/16/09 04/16/09 04/16/09 04/16/09 Commercial General Liability - General Aggregate, Automotive Liability, Any Auto - Combined Single Limit-$1,000,000 Products-Comp/OP AGG, Personal & Adv. Injury and Contractual Liability per occurrence- $1,000,000 ` Workers Compensation - The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount Im less than $500,000. _ City of Lubbock is named as primary additional insured on Auto/General Liability with a Waiver of Subrogation in favor of the City of Lubbock on ail coverage. This purchase order encumbers funds in the amount of $86,372, awarded on February 12, 2009, to USA Shade & Fabric Structures Incorporated of Dallas, Texas. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated January 29, 2009, from USA Shade & Fabric Structures Incorporated of Dallas, Texas and TCPN Contract R4881. Resolution# 2009ROO6I CITY OF LUBBOCK ATTEST. - Tom MariK Mayor Rebe ca Garza, City SecretaryTotal Order Terms NET 30 86,372.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS 961lsr and Buyer agrss as follows: I. SELLER TO PACK %GE GOODS. Seller will package broods in accordance with good comtnereial praLliee. Each shipping container [hall be Ocrly and permanently marked m follows tail Sciler's name rid iddress. iby COnsipee's name. address and purchase order or purchase release member and the supply agreement number if applicable. tc) Container number and total number of couromm e.g. box I cf a boxes, and [1111 the number of the container bearing the packing slip. Seller +hall bear cost of packagmg unkxa otherwise provided coeds shall be suoably packed to secure lowest nanspurtxion costs and to confnyn with requitemrerato of eanman conies and cry ipplicabk specifications. Buyer's %Axw or wtW* shall he fried asd conclusive on Aipowwn am accompanied by reeking lists. 2. SFFIP%IENT L NDER RESERVA rKiN PROHIBFfED. Seller at not withorired to ship the goods order reservation and w trader of a bill of ledmg will twase a a tender of goods. 3. TITLE AND RISK OF 1.053. The titleand risk often of nine goods shall not pass to Buyer until Buyer actually neceirea and take Possasioe of the goods at the pail or Points of delivery. 4. NO REPL.NCEIIENTOF DEFEC'TME TENDER. Every tnderofdelivery ofga+do must fully comply with all proviniaru of this contract as to liaise of delivery, qualay and the I&&. Ira tender in made which does not fully wnlbre , this shall cononuier a breach and Seller shall not have the right to substitute a cookirming tender. provided where the time far performance halt not yet expired the Seller may reasonably nobly Buyvr of his uuentioa to cure and may then imam a conforming Irvdcr within the coat mat lime but no slterword 5. INVOKES R PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall ondldaae rise purchase order err purchase release number and the supply agreement number if applicable. invoices shall be iternized and matisportmois dhar¢s, if sty, shall be listed separately. A copy of die bill of tsed ng and the bright waybill when spplicsbk. dtauk) be attached to the inviolate. Mail To: Accotmn Payable, City of Lubbock. P.O. Sort I IA Labbuch. Texa 79457. Payment shall not be due until the above ittatrarmawts ate subrmdtaed oiler deliver. 6. GRATUfTiES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if if is determeased by Buyer that gnmriries, in the faro of entrnsinmcnt. gifts or othaw be. were offered or given by'the Seller, or my agent or repnyentMive of the Sella, to arty 9flk r or employee of die City of Lubbock w eh a view to securing it contract or securing favair" trealroee' with respect to the awadisg w ascending. or die making army dksesnmiaasiana urith respect fo die perfmair� of such s u eritract M the erer the crontrsct o canceled by Buyer purarmt to [lib provision. Buyer shall be crditled. in addition to any Aber rights and reraedras to meaver w withhold tie amount of the coat fecund by Seller in pruvidit; such gratuities. 7. SPECIAL TOOLS A TEST EQUIPMENT. if the price stated an the rice honor inchrnks gee cast of my special tooling or special tea equipment fabricated or required by Seiler for the purpose of filling this Oder, such spaual railing equips" and my process sheets related thtrato sfull becota the propeny of the Buyer and to the extent feasible shall be identified by die Seller m arch. 1. WARRANTY -PRICE. a 'rho price to be paid by die Bayer shall be drat contained is Sekkr's bid which Seller warrants to be iso higher that Seller's current process on ceders by duhera for products of the kind and WLificatims covered by this agreement formnntlr quantities under similar of like coaddians and methods, of puchwe. to gate event Seller breaches this wo rawy. the pi ices of the itenn .;hall De «delved to the Seller', current prices on Orders by others, err in die rberssatwe. Boyer may caseei this contract without liability to Seller for breach or Sclkr's acfafi expressed. Is. The Seller warrwta that no pnsas or &citing sYtwcy his been employed or retained to solicit or secure this counted upon as aveena!m or understanduhg fur commmimoa perccnmge. bedrerage, or contiogsm fee excepting him Mlle emrploy n of boas fide established conrs.scial or wiling agrcies msntaurcd by the Seller foe date purpose of seoa•mg businw. For breach of vitiation of ibis warady, die Bayer shill breve the riot in addition to cry other rishr of rights to caacel this conlawt wtrltour liability rd to deduct km the c aract price. or otherwise recover wolwit liability and to &oche[ from the conerect price. or otherwise recover the full amount of ■isth commission. limewye, brokcraF or cuetiegesr Pee. 9. WARRANTY•PRODLCF. Seller shall riot limit or m iude say implied warranties and say attempt to do so %hall reader this caehut voidable at the Option artists Buyer. Seller warmsals that the goods fumuW will conform to the cp of eemoa, dramasµ and destriptiosn listed in the bid 'invitation, and to the wimples) fmriished by the Scher, if aay. bi the nail of a cuefimct or between the specifkatioat dimwitµ and desriiptioas, the specifications ,hall govertr. Noww ithsrmdi&g trig provisions contained in the comrs ctual agoeemmt, the Srdler represeea aid warrants fault -fee performance and fault -five result in the processing date and dear related diau i uutudling, hid not limited to caleulamg, ccreprmo asd.xgWKUtgl Ofall hardware. ,afimae aid finnwe r fandicm dr1wrred and Oervcce& provided unit this C,srome; urhv %hash) n to omabinrin. is rho :aae may be snore the etTetive date of this ('.mean. \1w. the Sellerw.nsam the yea:000 cakulafaum will be mcoptned .sal accommodated and w ill mac. m .my way, mull in hardware, oftwate.r firmware failure. I he Cids of Lubbock, if '11 iaie'votio. may requar the Seller, r say lime, to Jensufflvak she pNcedu rs it udemb to h,lhrw in order to:oerply with all the obligations contained herein fie nhimprici na cdMamed I!emm apply to pndata and servkes provided by the Seller, in .wbSeLler or coy thud party evolved in the creoia n a develoli mereof the pmrlucts ind services to be delivered to the Cory Of Lobbuck under this C'.,ntracl. Fahue ho ouripiy with any Of the -sbhgokow contained herein, may result in the City Of Lubbock availing aseirorany of its nghn under the tin and under that C'uiwact including, has not limited so. its nillit pertaining to tentioudion or default. i he watradics contained herein are epaafe and. discrete from any .wiser warrmties ..pacified in this ('cInW&L rid arc met abject to say duclaurw of w.urady, implied or exoresmd, ur Ifn ilmiiso o£the Setkr'%liabiiify which may be..oectfird in this ('dmemet. is appeodicts, its .:Itedh ks, its annexes or:oy kcutneit tworItdrated in rbia C,sobact by reforme. 10. SAFETY WARRANTY. Seller warrants that the product will to the Buyer shall mrifortm to The standards pmmultimed by the L'. S. Department of labor under the occupalicnal Sifrty and Health . \ct of 1970. In the event the product does rim confirm to OSHA standards, guycr mhay tonne the produta fw, cormtim ormViwxmcrtt at the Senior's expense. In tha evert[ Seller falls to nuke the . iompriale correction within a reasonable litre. cormct4n made by' Buyer will beat the Stlhr's expense. 11. %0 WARRANTY BY BL YER AGAI%ST INFRINGEMENTS. As pan oftho contract fur %ak Seller agrees to ascertain whether saw maruirktared in a=otdance w nth the ,pecif catioru am iched to this agreerneM will give rise to the rightful ckun of any third perli'01 byway of mffingemmw of the like. Buyer makes no warranty dra the productions of garb mcordiug lathe specification will oat give rise to such a chim said in no evens *had Buyer F" liable to Seller for indemorfl;mian to roe event thin Seller is small un the grws . of iahingcrttna of the litre. If Seller is of the opinion that an ufiingrxne - or the like will result. he will notify rise Buyer to that effect in writing within two weeks alit the sipftryf of Chet agtxsruneel if [Anger boss cot.em'w nolinw ad o wbaagowm* htN Nahfe Ibr [fate infr*Wa mt or the tikv. Seiler will gave Buyer hararkas. If Seller in gad fodh ascertains the production of the goods in acconbace with the specifications will resuub a intirbsgeneiut or the Ilk& the contract shall be null and voii 12. RIGHT OF INSPECTION. Buyer dell have the right to fnapect the goods so delivery before creeping them. 13. CANCELIATI[ft Boyer shall have the right to cancel for default all or say put of the undelivered portion of this order if Scl1er breselitm army of the tenor hereof includitrs wartailk's of Seller or ifiha Seiler becomes insolveat or eommiti acts of law kirwky. Sash right of carwelhuion is in addition to and rid in lien army other remedies which Buyer may have h taw or cgairy. 14. TERMINATiON. The puforumo a of work under this order may be terminated in whole, or in part by the Buyer in accordance wab this provision TertnuW fan of work hereunder %half be effected by the delivery of the Seller of s "Notice of Tamituaioe" ipecifymg the extent to which performance of work under the order is terminated and the date Most which such lermutdom become efketive. Sucb rigln ortan nixotiaa in lieu of the rights of Buyer set forth in Clause U. bereia. 15. FORCE MAIELRE. Neither party shall be held responsible fur basm raw" if the fulfillment army terror of provisioiss of this contract at delayed or prevented by any cause rust within the control of rise party whose perfannomm is manifested wink sad which by the exeruse of reasonable dmligeace said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or loots it in this contract shall he assire ed or Jet 1p - army y obligation inside by Seller without the written permission of d►e Buyer. Any mempled a si ordakgarioa by Seller shall be wholly void and Melly melff etive for all purpose unless made In conformity with this paragraph, 17. WAIVER No ckim w rilik rsris4g oat of a ltouaeI of dais coatsaat sort be dichalped is whole or in part by a waiver or remosciatma of dht cidn or right uniew oho waver or ra nor athm is supported by a—M-dim and it in wr"q +toad by the aggrinsed party. Is. INTERPRETATION -PAROLE EVIDENCE. This wrtitmII6 phn cry specifications for bids and performance provided by Buyer in its advertisement inn hilt and any other documents provided by Seller as part of him hind is intended by the pain* a a fuel eaprexui in of their aotcenient and intended also as a compl to and exclwiw sorriness of rise remu of their agreement Whenever ■ term drfined by the Uniform Commercial Code is used in rho aamis at the dermnion contained in the Code is as conaoL 19. APPLICABLE LAW. Tkb agtaemnd shall be gwwmd by the Uniform Coarsomial Code. Where ever the seem "Unifotos Cimm mW Cade" is wed 4 shall be cvettrmed sat meaning the L Iniform Commercial Code so adopted in she Stale of'fetas as effective and in face on the date of ibis arm nettR i0. RIGHT TO ASSLRANCE. Whencm one parry to this cooaact in good faith her resat to duration the other pony's intent to perform he nay dmnand rho roe tither party give wriata assurace of ifs used to perform. la the evert rho a &m aad is tussle red no m wraice is given within five 15) drys. she demanding party may tree this failure man anticipatory rgwdia iva of the conitma IL INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agrritt officials and employees. against all injurim rests, loss, domain claims, patent clemet suits, liabilities, ludipsoom coin and expenses, which my in anywise accrue agaossr the Buyer in consequesae of the raiding of ion Cotbtraet or which may anywise mwk rlhevhsm. wherher tar no it shall be alleged or determined that the act war caawd through negligence or omission of the Seller or its enmpksyees, orof the subSeiler or assignee or its employees, if my, end the Seller Aidl. A ha Own explore, appear. dckmil and pry all charges of atsurneys end all ctnts rail ,(her eapetan array thcefnsa Of Tacurred u :oaeetitxn 111erew Rh. and If ray ewlapns au .+tall be rendered apire t the Ruyer in any arch aoi.m. the Seller dull, mt its own expenses, ratfy ad dischimp the saran Set* expressly um entadh and agmm that say bond required by rho cittittace. or ,wherwise provided by Seller. Aalf to no way limit the M fissasibday to it"ify, keep andvve harmless and defend the Buyer as heeum provided ". f I�fE. R is hereby expressly agreed ad uadentax! that time is of she tsseode fur the pcnlxmmwc of this contract. and Endure by :osamet to noes the time tpscrtk uu:n % of this sipeernent will cause Seller to be in rkfwh cif this s peemed. 23. \ IBE. The City of LObbuck hereby notifies all bidders that to regard to any ct tract centered ,nto pur%vom to this request minnity and women bin isess entegKisr will he .Worded cyu el .;pporriuttles to ,ubmn bids to mr4torise to this mvitaia and will out be descrimmated againsl . m the p umrdt of race, cobr..,ex ornatural omoin inc,midermion form award Rev, 08r2005