HomeMy WebLinkAboutResolution - 2012-R0143 - PO - Insite Amenities - Park Pavilions - 03_29_2012Resolution No. 2012-RO143
March 29, 2012
Item No. 5.17
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. 10005091 for the
purchase of park pavilions, by and between the City of Lubbock and InSite Amenities of
Fort Worth, 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 on March 29, 2012
TOM MARTIN, MAYOR
ATTEST:
Reber a Garza, City Secretary
APPROVED AS TO CONTENT:
e✓ %1�,� kr q'c�.' �r7
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.InSite Amen ities-PurchaseOrd
March 9, 2012
city of
lubbock
TEXAS
Page - 1
PURCHASE ORDER Date - 03/12/2012
Order Number 10005091 000 OP
Branch/Plant 5223
TO: INSITE AMENITIES
9176 HYDE RD
FORT WORTH Texas 76179
SHIP TO: CITY OF LUBBOCK
PARKS & RECREATION WAREHOUSE
1912 ERSKINE DRIVE
LUBBOCK Texas 79415
i
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Ma lvarez irectarefPu asin &-CoAmctMana ement
Ordered 03/09/2012 Freight
Requested 07/10/2012 Taken By C ISAACS
Delivery PER WUENSCHE C REQ 39299 BUYBOARD CONTRACT NO.346-10
Description/Supplier Item
Ordered
Unit Cost
UM
Extension
Request Date
Poligon 28' x 28' Western
2.000
41,290.0000
EA
82,580.00
07/10/2012
5% BuyBoard Discount
1.000
(4,129,0000)
EA
(4,129.00)
07/10/2012
Poligon 28' Octagonal
1.000
35,950.0000
EA
35,950.00
07/10/2012
5% BuyBoard Discount
1.000
(1,797.5000)
EA
(1,797.50)
07/10/2012
Drawings
2.000
250,0000
EA
500.00
07/10/2012
Shipping & Handling
1.000
7,100.0000
EA
7,100.00
07/10/2012
Slab Engineering
3.000
500.0000
EA
1,500.00
07/10/2012
WSL shelter at Burns
1.000
20,790.0000
EA
20,790.00
07/10/2012
WSL shelter at Miller
1.000
20,790,0000
EA
20,790.00
07/10/2012
OTC shelter at Wagner
1.000
21,840,0000
EA
21,840.00
07/10/2012
Grills at Burns & Miller
2.000
1,022.0000
EA
2,044.00
07/10/2012
Tables at Burns & Miller
8.000
1,380.0000
EA
11,040.00
07/10/2012
Bollards at Wagner
3,000
1,164.0000
EA
3,492.00
07/10/2012
Stone Burns & Miller
8.000
891.2500
EA
7,130.00
07/10/2012
Demo Bums
1.000
11,580.0000
EA
11,580.00
07/10/2012
Demo Miller
1.000
10,778.0000
EA
10,778.00
07/10/2012
Electrical Burns
1.000
5,424,0000
EA
5,424.00
07/10/2012
Electrical Miller
1.000
3,312.0000
EA
3,312.00
07/10/2012
Electrical Wagner
1.000
8,776.0000
EA
8,776.00
07/10/2012
Slab at Burns & Miller
2.000
7,278.0000
EA
14,556.00
07/10/2012
Shelter slab at Wagner
1.000
4,012.0000
EA
4,012,00
07/10/2012
Sidewalk at Bums
1.000
821.0000
EA
821.00
07/10/2012
Sidewalk at Miller
1.000
14,717.0000
EA
14,717.00
07/10/2012
Brick pavers at Wagner
1.000
4,330.0000
EA
4,330.00
07/10/2012
Sidewalk at Wagner
1.000
10,536.0000
EA
10,536.00
07/10/2012
rz
lucitybblock
T I I A S
PURCHASE ORDER
TO: INSITE A,MENI HF.S
9176 HYDE RD
FORT WORTH Texas 76179
INVOICE r0: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LllBSOCK. TX 79457
Ordered 03/09/2012 Freight
Requested 07/10/2012 Taken By
Delivery PER WUENSCHE_C REQ 39299
Description/Supplier Item
Concrete tlat%vork Wagner
Drinking fountain at Wagner
Irrigation at Burns
Irrigation at Miller
Irrigation at Wagner
So&fine grading
Pavilion improvements
Bonds (InSite Amenities)
Bonds (Hub City Water Boys)
Terms NET 30
Q Frl111V 9n PQ1nQ Tn INVTA I 1 ATIr1V
Page 2
Date - 03/ 1-120l 2
Order Number 10005091 000 OP
Branchi Plant 5223
SHIP TO: CITY OF LUBBOCK
PARKS & RECREATION WAREHOUSE
191E ERSKINE DRIVE
LUBBOCK Texas 79415
BY
C ISAACS
BUYBOARD CONTRACT NO.
346-10
Ordered
Unit Cost
UM
Extension
Request Date
1.000
15,366.0000
EA
15,36600
07/10/2012
1,000
4,082,0000
EA
4,082,00
07/10/2012
1.000
2,041.0000
EA
2,041.00
07/10/2012
1.000
4,082.0000
EA
4,082.00
07/10/2012
1.000
5,102.0000
EA
5,102.00
07/10/2012
3.000
1,531,0000
EA
4,593,00
07/10/2012
1.000
22,1.18.0000
EA
22,118.00
07/10/2012
1.000
15,525.0000
EA
15,525.00
07/10/2012
1.000
6,805.0000
EA
6,805.00
07/10/2012
Total Order
377,395.50
Commercial General Liability, per occurrence- S1,000,000
Employer's Liability and/or Occupational Medical and Disability and Worker's
• General Aggregate • Contractual Liability -Products-Comp 0p Agg • Heavy
Compensation, Statutory Amounts-S500,000
Equipment • XCU (Explosion, Collapse, Underground)
Completed opotions for additional insured_
Automotive LiabiIi -An Auto- $l 000,000
City of Lubbock is named as additional insured on Aut&General Liability with a Waiver of subrogation in favor of the City of Lubbock on all coverage, Copies of
endorsements nuired,
The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2259.022.
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contrast
price in the event that said contract price exceeds S100,000 and the successful bidder will be required to furnish a payment bond in acconlame with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds S50,000. Said statutory bonds should be issued by a
company carrying a current Best Rating of"A" or better. The bonds must BE in a form acceptable to the City attorney and must be dated the same date that the contract
was awarded.
This purchase order encumbers funds in the amount of $377,385.50 awarded to InSite Amenities of Fort Worth, Texas on March 29, 2012. The
following is incorporated into and made part of this purchase order by reference: Price quotation number 559, slated March 7, 2012 ftom InSite
Amenities of Fort Worth, Texas and Buy Board contract # 346-10. Resolution# 2012--RO 143
CITY OF LUBBOCK
Tom , ]lartln, Mayor
AT,UST:
Rebea Garza, City Secretary
TERMS .AND CONDITIONS
INIPORT,%NT: READ CAREFULLY
STAENDARD'TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree at follows:
1 SELLER Ill PACKAGE titat)DS. Seller will package jo ids +n acdrdance wuh good
commercal procuce. Each ,hipping aanuiner .hall be clearly and pernenantly rr,.Aed u
follows ta) Seller's name and a.k moo I b) Consignee's name, i.klrev anJ punliase ,rder Or
purchase release number zed the supply agreement number if ippIkAhle, (c) Container number
and tool number of container, a it, Sax I of 4 boat- grad id) the ntirriber of the container
hearing the packing slip. Sella shall bear cost of packaging unitx otherw tie provided. Concede
Shall be vuntabiy pKked to sccue kswest umapOrutioncusta and to conform wide requn nwu
of comnnai carrien and any applicable speci9keiinrsa. Buyer's count or weight shall be final
and conclusive on .hipmenue not accompanied by packing lieu.
2. SIIIPMENT LNDER RESERVATION PROHIBITED. Seller is rid awhaatd to ship the
goods under reservation and no Lander oft bill of lading will operate ss a Lender of gouda.
1. TITLE AND RISK OF LOSS. Thetide and risk of loss of 4m duuds Jail noL pus to Buyer
until Buyer actually receives and urkes prsestton of the gouda r the pans Or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of ihis convict +a to time of delivery. quality and the like. If a
tender is made which dos not fully conform, this shall comuitute a bseech and Seller shall not
have the right o rubsotlute I co nfornmtng ttr"a. provided. where Le time for performance Sot
mA yet expired- the Seller may reasonably Warily Buyer of his intention to cure and may then
nvake a cu olormeing tender within the contras, time but root afterward.
S. INVOICES A PAYMENTS. it. Seller shall submit 4eparow invoices, in duplicate. time each
purcham order or purchase relnm after each delivery. Invoice shall indleay the purchase
Order or purchase reface number and the supply xvversent number if applicable. Invoices
shall be rtanized and ireisportatiom charges, if any, shall be Iosaad separately. A copy of the
bill of lading, and the freigh waybill when opplicabk, should be attached to the Invoice. Mail
To: Aauum Payable, City of Lubbock. P. O. Bur 2OW, Lubbock. team 79457. Payma n
shall nil be d s until the above tnsuumenu are tubrnitted alley dalNery.
6. GRATUITIES, The Buyer may, by written notice o the Scow, carscel this cataract without
liability to Seller if is is drsamrned by Buyer the gtatuiiles, in the form of auertainmaK gifts
or othawiss, were offered or given by the -Wkw, or any agent or representative of uhe Seller, to
any officer or anpleyee of the City of Lubbock with a view to securing a commit of securing
favorable immarwo with reapea to the awarding at emending, or this making of any
detammulam with respect to the pafartning of arch a caragam In the even this contract is
canceled by Buyer pursuant In ills provision. Buyer shall be entitled, in addition to any alias
rights and rrawds to recover Or withhold the smount of the cost iacuned by Seller in
providing such Omahas,
7. SPECIAL TOOLS A TEST IEQUIPMENT. If ilia prim meld on the face hereofincludes the
con of away spree! tooling or special Is'r equips fabricated or required by Seller for the
purpose of filling this order, such special tiding egwpmem and any process sheta rcIALed
therein shell become tbn prupaty of the Buyer rid to the extant feasible shell be identified by
the Seller es such,
1. WARRANTY-PlUCB.
& T7e price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher thin Seller's turret proem on eider by others for products of the
kind and speciflcatim cured by this Lip —in ot for %miller quwWtkx wtdr similar of like
conditions and mail" of purchase. In the evens Seller irmechee tbhs warranty. this prices of
the iterm shall be reduced ode Sallar's contain prices on oidra by cabs . or in the
allernwiva. Buyar may cuscaf this contrast without liability to Seller for breKb or Seller's
acts id expense- Is. The Sells warrants tlm no persons or miliy agency has been employed or
reuirrd to solicit or secure this canLW upon am agree its or w+drrrmdin{ for corrrnisiorm,
percenup, bmkssp, or contVmgaot he acepting bar fide er eplryes of hoes Me
established connreclei or selling agenes neiaaieed by the Sefler for the purpose of sa rising
busisesa For breech Of viclrim of the warrhry dns Buyer shall hew the right rt addition o
+ray utluer right a! rights o cancel this cantrect withan IlebRYy end ter deduce hose Ile conuact
price. or aherws recover wither Ikabikky rid o deduct from the contract prior, or otherwise
recover the hill Amount of such Commissions. ptrmisgs. brokerage or corning" fia.
9. WARRANTY -PRODUCT. Seller shag rum limit or exclude may implied vi—insnkte rid any
attempt to do so dial radar this contract voldable at the oplon of the Buyer. Scow wrrrra
that the goads firrtehed will caofan to the spwifirati m. drawings, Ind dnalpekassIhed in
the bW invitrlo, aid o Lee wtaple(a) hmniaMd try the Sedlet, if airy, fit the avert of a canfilct
or between the grcifleeelone dnwinp, and dtscripfone the sprcaflestiou shell govem.
Notwithstanding my provision contained to Jar convachsd apeesrnt, the Seller repem
and sarrams fails -des perfernancse wig faun -Rae nenill is the processing time sal der relied
day iinclui ing, but not limited to oakulrh4 corttpering wf sequencing) of all hardware,
software anal Rnaivrm products delivered rid sarvka provided under the CumhaM
individually or in combination, r rise cam rmy be flan der effwd" dim, of this Cmim
Tee obliptEam eonss rsed heel apply to produest and services provided by the Scow. its sub.
Seller at any third parry Involved in she creation Or development of the pna I and aravices to
be derl"ared to the City of LOW I under the Contract Flulun to comply With my of the
obligations contained in.ein, may reside in the City of Lubbock availl4 itself of any of its
rnghui under the law and wider this Consrau imhading, bm art limited tq its right prruining to
terminanian Or defsualt The warramkm contained hrakn am sip - . add dieaete new rely
other waaramies specified in this Contract, and rot next iubje ct to sty meckfair, of warranty,
implied or npesmd Or limitation of the Sellr's liability which ray be spwifled in this
Contract, is appadicee, tom scheuhde► is arr■r Or any document incorporated in this
Contract by refeemcid.
IR YAFhYY WARRANTY. Seller wrro m that the product sold to the Buyer shall conform to
the itrMhrds proem algwed by the U. S. Dtpsnmem of Labor wvlw the Oceupiummul Safety sad
I lealmh Na of 1970. in the event the product draw not conform to OSI IA standards, Buyer ray
ritrm ilx pnvduct for correction Or roplKc an at this vellr's expenn. In the nest Seller
fails to m,i1e the apprupruwe com%�Iam within a reasonable tins, csrrsttim olds by Buya
will be at the Sine's expense.
It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As errs of this carnees (Or
ula Sella sons to taterme whethw grade manufactured in accordmict with the
vpecsflvatone wtr Fed o ids agreriment will girt rim to the righd d claim army third peruse
by way of infnndemenl of the like. Buyer makes w warranty chat the Mx1oictwet of gwdt
accOrding to the +pecifcatio n posit not give rise to such a claim and in rho went +halt Buyer be
lHilk to Seller for iMkW1ftc2lrom in ihx e,enl 'hat Se Bar is sued on the gnxuxla of
infnngemem of the like. If Seiler is of the opinion that in infringement cr the like will result,
he will notify the fluya to this effect in wrung within two weeks after the signing of this
igreenwm. If Buyer does not receive notice and is rubmquently held liable for the
infrinycmem or the Ile, Scller will save Buyer harmless, If Seller in good faith axertafne Lhe
productwit of the doods in .Kcordarce with the 1pKil1CA1i0a will result in infrinSerrem car the
like, the contract .hall be null and vosd
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at dtlivary before
accepting them.
13 CANCEL1afION. Buyer ,hall have the right to came] for default all or any pan of the
uraktlivered poatmn of this Order if Seilee breschet any of the La ms hereof including warranties
of Seller Or if the Seller becomes insolvent or cummia acts of hanimpWy. Such right of
cawtllaalum is in addition to and not in lieu of any usher rensedit which Buyer may have in
law or equity.
14. TERMINATION. The perlbi mginca of work underr This orlon maybe Laminated at w hole. or in
pan by the Buyer in accurdamm with this provision. fermirauion of work heretodar shall be
effected by the delivery of the Selkx of a "Notice of Ternsinsooll" specifying the extent to
which performance of *rank under the +aver is terminated and the date upon which rah
Lamitnation becomes effecuvi. Such right ot termnalm is in addition to and rice in luau of the
rights of Buyer to forth. to Clause 13, herein.
IS. FORCE MAJEURE. Nstdw party shall be held mponrobe for losses, rerdihrg if the
Fulfillment of any terms of provisioi s of this canract is dclayad or prevented by ray cause not
within the control of thr party whose prfenriwce is interfered with, tad which by the exemiss
of remmablt diligence said parry is unable to prevent
16. ASSIGNMENT-DELEOATION. No right or interest in this contract ilall be assigned or
del gatias of any obligation mega by Sefktr without the written permission of the Buyer. Any
attempted assignment or dr pinion by Seller shall be wholly void and tout y inefrectivo for all
purpose Lwless mark an confweslty with this pangnaple
l7. WAIVER No claim or right ruing act oft breach of this contract can be dkchrged in whole
or in Pon by a waver or rntuneiuian of the clam or right unless the waiver or renuneie/im Is
supported by consideration and is in writing signed by the aggrieved parry.
11. INTERPRETATION -PAROLE: EV IDh'NCIL This writing, phe any specifications fa bids tad
performance provided by Buyer in its sdvenisentent for bids, said any other documents
provided by Seller at part of his bid, is intended by the parses m a Thee eaprouim of then
aptemrment read intended also r a conpskse tad exclusive statement of the terror of their
asmvmment Whenever a term defbned by the Uniform Commercial Cain is used in this
agraerr, the definition cmuined in the Code is to control.
19. APPLICABLE LAW. This agivement shell he governed try the Unffonm CormsrcW Code.
When aver the tarn "Uniform Coninerciol Code" is used, it shed hat contsenwd as meaning the
Uniform Commercial Cale as adopted in the Suitt of Texan m effecalve mid in force an the
dew of this agreement.
20. RIGHT TO ASSURANCE. Whoever am parry to this consists. In good fehh hes reason to
queWon the other party's intent to pigs fix he may deemand that the odsr parry Siva written
asnr.net of his inrent to perform, In the avem that ■ demand is made rail no afatmmnCe is
given within live (S) days, the depending party may trot this failre as an amfciprory
repudiation of the cmtria
21. INDEMNIFICATION. Seller shall 1 miss ify, keep wed sav■ hwr dm the Buys, its agents.
oflkcials and employes, aptinit all injriss, deadn, lom, damages, claim, petarr claier, suits.
Iisbflitlea, jwlpnrrr, cvw and txperrss, which may in waywine accaut xgeisr the Buys in
cowsequeom of de greening of ibis Contract or which may anywim retell therahom, whethor
or net it dull be alleged or determined that the so win caused through negligence or rn I bon
of the Sella or ix employees, or of the milaStller or omegas or lea entphryom, if ray, sad the
Seller shall, at his owe expert, appear, defead and pay all chseps of msaryt real all corm
and OOw expenes risking thraham of Itww. ht eorrsecelon lloesawish, end, if rsy judprssm
shall be rendered sgaseat the Boyar in any such acths4 tie Soler shah. it its ovate eapenem,
satisfy and discharge the sane Seiler expmay understannd@ and agrees sire dry band required
by this controi or Wwwiw provided by Seller, shall in rot way limn the retponeibillty b
inndomrdh, keep wsd move hermkea and defend the Buyer as brie provided.
22, TiME. It is hereby expreedy egrsed and utdentoW that time is of the nemcge for this
perfmwmm of that cor hect. and Ailun by contract to mew the time specitk+tiora of this
],car neat will our Seller to be in dsfauk of this apranrm,
21- MBB The City of Lubbock hereby notifies all bidden ohm in roped IO any contract etrerad
ittlo purwmat to this rrqueal, minority and women business riraprirs will be Afforded equal
opportuaifin to submit bidet id realise to this o,vitasoss anal wan no be discriminated &prof
on this grounds of rase, culow, sex or steal Origin in aseidratiws For ar award.
24. NON -ARBITRATION. The City reserves ohs right to exacim any right or mndy avail" to
a by law. contract, equity. Or otharmlas, melding odhow limiiatlo % the risk to see# icy and
III farm of mdef is a coon of comipelm juriadiai i, Further, the City shall not be subject to
wry rbitrelrm process pia a exercising its urvawicud right to seek jcdieid rsmafy. The
remdkm act forth harsh am cumulative and no exclusive. and my be exercised con c rremly.
To the mine o f my conflict between thin provision amd mother ptwiem 10. or related six thin
docurtett4 this provision, UUA control.
23. RIGHT TO ALDIT. At any Liner during dr tern of the contract, err thereafter. the Cov, or a
duly aaltarwd audit represemamve of the City OF the Stu of Tear at its expettrt od at
rmscaabis setae,, reserves the right In suds Coritnatioel records mil hooks relit, oot to ill
+mien provided to the L try umler this Contrsa In the item such an audit by the 1 n v rcv a ids
any ermn or overpeynene by the City. Contractor shall refund the Ory the full orwwrit „1
such uvapaysreme within Hinny I W) days of such audit A ndings, or the City. at +ti onpsa n.
reserves the rio to dales, such arroun t owing the City firm any payinrno Jut Cmil actin
Rev. 02 _2012