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HomeMy WebLinkAboutResolution - 2012-R0365 - PO - CXT Inc.- Precast Buildings - 09_27_2012Resolution NO. 2012-RO365 September 27, 2012 Item No. 5.12 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. 90500013 for the purchase of two (2) CXT pre -cast buildings, by and between the City of Lubbock and CXT Incorporated, an L.B. Foster Company of Spokane Valley, Washington, 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 September 27, 2012 G C. ROBERTSON, MAYOR ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CO NT: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs1RES.CXT Incorporated-Purchase0rd September 14, 2012 city of lubock i1'1(Ai TO: PURCHASE ORDER CXT INCORPORATED AN L.B. FOSTER COMPANY 3808 N. SULLIVAN RD BLDG #7 SPOKANE VALLEY Washington 99216 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 09/ 12/2012 Freight Requested 01/09/2013 Taken By Delivery PER WUENSCHE C REQ 40479 Description/Supplier Item Taos Flush Building Berl Huffman Complex Taos Flush Building Mackenzie Park SHIP TO: Page - 1 Date - 09/ 18/2012 Order Number 90500013 000 OP Branch/Plant 92235 CITY OF LUBBOCK PARKS & RECREATI 1212 ERSKINE LUBBOCK Texas 79457 CONTRACT TXMAS-5-560100 Ordered _ Unit Cost _ UM _ 1.000 104,717.1300 EA 1.000 104,717.1300 EA C ISAACS Extension Request Date 104,717.13 01/09/2013 Total Order 104,717.13 01/09/2013 lf"UNAINVILILMK I IPIUA I I: KEVU1Kht) PHIOR 10 FROV IL►INU NEKV ICL: 209,4-54.L6 General Liability -Commercial General Liability. - $1.000,000 *Products-Comp/Op AGG *Personal & Adv. Injury Workers Compensation Statutoy Amounts *Contractual Liability Automotive Liability- - $1.000.004 *Combined Single Limit *Anv Auto The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis, with a Waiver of Subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of insurance shall reference the project name for which the insurance is being supplied. The Contractor will provide cotes oftb�olscies without expense to the City and all endorsements thereto. This purchase order encumbers funds in the amount of $209,434.26, for the purchase of two CXT pre -cast buildings awarded on September 27, 2012 to CXT Incorporated, an L.B. Foster Company, of Spokane Valley, Washington in accordance with CXT Incorporated, an L,B. Foster Company's Quote No. DROG30OR49-1 dated 09/06/2012 and TXMAS contract # 5-560100. Resolution#2012—R0365 CITY OF LUBBOCK ATTEST: --Le Glen ertson, ayor Rebec Garza, City Secretary Rage 1 of 4 Quote #: DROG30OR49-1 Mailing Address: CXT Incorporated, an LBFoster Co. CXT Inc. an L.B. Foster Company 3808 North Sullivan Road Bldg. #7 Spokane Valley, WA 99216 To: City Phone: (800) 696-5766 y of Lubbock Fax: (509) 928-8270 1625 13th Street Date: 09/06/2012 Lubbock, TX 79401 USA Attention: Craig Wuensche Re: Mackenzie Park & Huffman Athl. Complex Phone: (806) 775-2665 TXMAS Contract #TXMAS-5-560100 Fax: (806)775-2164 Our quotation for the Taos Flush Building building is as follows: Per Building Taos multi-user flush building with standard simulated cedar shake roof and barnwood $89,954.22 wall texture, three 16-gauge galvanized steel doors and frames, vitreous china plumbing fixtures (4-lavatories, 5-water closets, 1-urinal), five 3-roll toilet paper holders, two exhaust fans, five GFI outlets, five floor drains, four sls mirrors, ADA grab bars, ADA signs, one hose bib in chase area, and motion controlled interior lights and photo cell controlled exterior lights. Building price includes offloading by crane at accessible site. Price does not include final connection from building to utility lines stubbed above top of Customer prepared gravel pad. tQty Ext. Price Board & Batt/Napa Valley Wall 1 $4,125,00 Hand Dryers 4 $4,062.45 30 Gallon Electric Tank WH 1 $725.43 Stamped Drawings 1 $0.01 State Fees - TX 1 $0.01 Set Only 1 $0.01 Freight $5,850.00 $104,717.13 FOB: FOB Hillsboro, TX Prepaid and Add. Terms: Net 30 with Credit Approval. TXMAS Terms Apply. Use Contract TXMAS-5-560100 on purchase documents. Shipment: 90 Days ARO Notes: Sales tax not included Number of Units: This quotation is subject to the conditions on the attached sheet and the L.B. FOSTER COMPANY terms hereof shall constitute the exclusive agreement of the parties and all conflicting or additional terms in Buyer's purchase order or any other such documents of Buyer shall have no force or effect. By Accepted this day of 20 David Rogers drogers@Ibfoster.com By: (Customer Name) (Signed) Quote #: DROG30OR49-1 Page 2 of 4 CONDITIONS OF SALE 1. Taxes Prices exclude all Federal/State/Local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption. 2 Payment Terms Payment to CXT by the purchaser shall be made net 30 days after the submission of the invoice to the purchaser. Interest at a rate equal to the lower of (i) the highest rate permifted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning the 35th day (includes 5 day grace period) from the date of the invoice. Under no circumstances can a retention be taken and purchaser shall pay the full invoiced amount without offset or reduction. These terms are available upon approval of credit. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT's costs, expenses and attorneys fees associated with such litigation, including the fees and costs of any appeal. 3. Quotation Term This offer is subject to acceptance within 60 days from the date of this quotation. After that time, prices are subject to change without notice. 4. Drawings Prices do not include any documentation other than standard drawings, packing lists, and invoices, unless otherwise stated in quote. Special documentation, reports, or submittals can be supplied at an additional cost. If additional engineering, engineering seals, state approvals, drawings, or insignias are required additional charges may incur. 5. Delivery Delivery will be scheduled immediately upon receipt of written customer approval of all building submittals, building worksheets) and signed contract/purchase order. In the event delivery of the buildings ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment, the terms of whirls will be as per item 2 in our quotation, Delivery and installation charges will be invoiced at the time of delivery and installation, Should the delivery and installation costs increase due to changes in the delivery period, this increase in cost will be added to the price originally quoted, and will be subject to the contract payment terms. In the event that the delivery is delayed more than 45 days after the agreed to schedule and through no fault of CXT, then in addition to the remedies above, a storage fee of ''AM of contract price per month or part of any month will be charged. 6. Fuel Costs Fuel costs for crane and freight have been quoted at fuel prices furnished at the time of quotation. If at the time of delivery and installation these costs have risen, CXT reserves the right to adjust the freight and crane costs to reflect the fuel costs furnished at the time of delivery. 7. Responsibilities of the Customer A. Stake exact location building is to be set, including orientation. B. Provide dear and level site, free of overhead and/or underground obstructions. C. Provide site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. D, Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles from State highway and/or main county road to site. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perform delivery and installation. E. Customer is responsible for all permits required. 8. Access to Site Delivery will be made in normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck equipment for any reason. CXT will negotiate extra costs to ensure a safe and quality installation to the chosen site or will agree to an allemative site with better access. To safely offload the facility referred to within this quotation, CXT must have dear and unobstructed access next to the gravel pad or hole where the facility will be placed. CXT is not responsible for cracked or damaged roads, driveways, sidewalks or aprons that are in the path of the delivery trucks or cranes at the final offloading site. Should CXT be required to obtain a larger crane than quoted due to site amenities or hardscapes, CXT will charge the customer the difference between the crane originally quoted, and the one that was hired in order to successfully offload the facility safely and efficiently. 9. Installation If the customer opts to have full installation of their new building, CXT will provide a backhoe trailered into the site, and prepare the customer site at the marked hole/pad area. The crane will arrive and set up next to the hole/pad. Any requirements to lift the building over obstacles or not having 'the ability of the crane to be right next to the hole could incur additional charges, The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the vaults and the building systematically pull up right next to the crane and are offloaded onto the site. Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane could incur additional charges. Installation crew then performs all necessary excavation, backfill, compaction, site grading, and connection of utilities (if applicable). Please nole� additional time and any special equipment needed by the installation crew for unscheduled site work will be billed to the customer. This work must be approved by Customer Field Representative by signing the Additional Work Required section on the Building Acceptance Form. B. If the customer opts to prepare the hole, and do earthwork preparation for the site, the customer will move all excess dirt to allow access by the crane and semi -truck. The crane will arrive and set up next to the holelpad, Any requirements to lift the building over obstacles or not having the ability of the crane to be right next to the hole could incur additional charges. The size of the crane varies however most cranes require an area of 18'x18' for their outriggers. Truck(s) carrying the vaults and the building systematically pull up right next to the crane and are offloaded onto the site. Any requirements to lift the building over obstacles or not having the ability of the truck to be right next to the crane could incur additional Quote #: DROG30OR49-1 Page 3 of 4 charges. Customer performs all necessary excavation. backfill, compaction, site grading, connection of utilities (if applicable). C. if customer opts to self -install their building CXT can provide a drawing of the recommended lifting/rigging arrangement plus the four special lifting plates for the buildings itself with a refundable deposit of $1,000.00 payable by credit card only. The customer must return lifting plates and hardware to CXT (at customers cost) within 2 weeks (14) days or a $1,000.00 fee will be charged to the customer credit card. Please note: It is highly recommended that you use our lifting/rigging arrangements. The CXT arrangements will help prevent damage to the building. CXT will not take responsibility for any damage/accidents to the building or workers during the use or non-use of our recommended fiRing/rigging arrangements. 10. Transportation Your butding(s) will be transported from our plant to your installation site via semi -truck with trailer. The length and clearance vary with the style of trailer used to accommodate your building model(s) and must be taken into consideration when determining access to site. if you ordered a(n).... CascadianfRocky Mountain - Requires 1 truck: When shipped in 2-pieces (standard) the building with vault is shipped on a flatbed trailer. The length of the tractor -trailer can be up to 75' long. Must have a 14' height clearance to access site. Gunnison - Requires 1 truck: Shipped with its vault, this building is typically shipped on a step -deck trailer. The length of the tractor -trailer can be up to 75' long. Must have 14' height clearance to access site. Tloga Special - Requires 2 trucks: 1 to transport the building and 1 to transport vaults. The building is typically shipped on a step -deck trailer and 2 vaults are typically transported on a flatbed trailer. The length of the tractor -trailer can be up to 75' long. Must have 14' height and 14' width clearance to access site. Dbi Cascadlan/Dbl Rocky Mountain - Requires 2 trucks: 1 to transport the building and 1 to transport the vaults. The building is typically shipped on a dbl-drop or low boy trailer (approximate ground clearance of 4 to 6") and the 2 vaults are typically transported on a flatbed trailer. The length of the tractor -trailer can range from 75' to 80'. Must have 14' height and 14' width clearance to access site. Cortez/Ozark IlTeton/Pioneer - Requires 1 truck: Generally shipped on a step -deck trailer. The length of the tractor -trailer can be up to 75' long. Must have a 14' height and 14' width clearance to access site. Large Flush, Sectional, or Custom Bldgs - (ArapahoetOzarklt/Cheyenne/MontrosetTaos/Rainier/PomonalNavajolMalibu/Kodiak/Fontana/DiablolDenali) Requires 2-4 trucks, depending on size of building. Each section will be shipped on an RGN trailer (approximate ground clearance of 4 to 6 "). The length of the tractor -trailer can range from 80' to 115'. Must have 14' height and 14' width clearance to access site. The Denali model could ship on either an RGN trailer or a dbl-drop. Schweitzer/Mendocino . Requires 1-2 trucks, depending on size of building. Generally shipped on a step -deck trailer. The length of the tractor -trailer can be up to 75' long. Must have 14' height and 14' width clearance to access site. 11. CXT Warranty CXT warrants that all structures sold pursuant hereto will, when delivered, conform to specifications of the building listed on the quote. Structures shall be deemed accepted and meeting specifications unless notice identifying the nature of any non -conformity is provided to CXT in writing within one (1) year of delivery. It is specifically understood that CXT's obligation hereunder is for credit or repair only. CXT will repair structural defects against materials and workmanship for one (1) year from date of delivery provided CXT is first given the opportunity to inspect said structure. CXT warranties all components sold within all structures pursuant here to when delivered within structures. Components deemed accepted and meeting specifications shall be warrantied for a period of one (1) year against defects in the materials and/or workmanship from said date of delivery. CXT is not responsible for components that are damaged due to misuse, acts of violence, negligence, acts of God, or accidents. Shipping, handling, installation or other incidental or consequential costs, unless otherwise agreed to in writing by CXT, are not included. This warranty shall not apply to: 1) Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT, to adversely effect the stability or reliability thereof; 2) To any goods which have been subject to misuse, negligence, ads of God, or accidents; 3) To any goods which have not been installed to manufacturer's specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed. 12. Disclaimer of Other Warranties THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED. CXT MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 13. Limitation of Remedies In the event of any breach of any obligations hereunder, breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, 'rn no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered. Quote #: DROG300R49-1 14, Acceptance Page 4 of 4 The foregoing terms will be deemed accepted in fuil by signature and return of one copy to CXT. subject to customer credit approval. A copy of any applicable form of payment security device (i.e. payment bonds) available to CXT shall be included with the signed copy of this agreement. 15. Timing of Billing to Buyer Seller will invoice Buyer upon shipment from its supplier or facility, unless otherwise indicated on the face of this document. 16. Storaae of Material For Buyer If, at Buyers request, goods covered by this document are held at Sellers facility or service provider for more than 21 days after they are available for shipment, Buyer shall accept Seller's invoice and pay said invoice based on payment terms set forth herein. 17. Material Reservation Seller will only reserve material for 30 days with receipt of an excecuted purchase order, quote or order acknowledgement acceptable to Seller. After that time, material availability, price and shipment date may be adjusted, at Sellers option.