HomeMy WebLinkAboutResolution - 2011-R0476 - PO - Pelco Structural LLC - Traffic Signal Mast Arms - 11/03/2011Resolution No. 2011—RO476
November 3, 2011
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 is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Purchase Order No. 10004052 for the
i purchase of traffic signal mast arms as per TxSmartBuy Contract No. 550-A2, by and
between the City of Lubbock and Pelco Structural, LLC of Claremore, Oklahoma, 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 November 3, 2011
TOM MARTIN, MAYOR
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
- L,2 U� 4-,� 0 0 1
T arsha Reed, P.E., Chief perations Officer
APPROVED AS TO FORM:
Cha Weave , Assistant City Attorney
vw:ccdocs/RES.Peico Structural LLC-PurchaseOrd
October 5, 2011
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PURCHASE ORDER
TO: PELCO STRUCTURAL LLC
1501 INDUSTRIAL BLVD
CLAREMORE Oklahoma 74017
Page - 1
Date - 10/05/2011
Order Number 10004052 000 OP
Branch/Plant 4525
SHIP TO: CITY OF LUBBOCK
TRAFFIC CONTROLS BUILDING
202 MUNICIPAL DR
LUBBOCK Texas 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LU880CK. TX 74457 BY:
Alv
)rdered 10/05/2011 Freight
Requested 12/30/2011
Taken By
T LENNON
Delivery PER R GARZA REQ 38418
TXSMARTBUY CONTRACT NO. 550-A2
Description/Supplier Item
Ordered _
Unit Cost _
UM
Extension
Re nest Date
PELCO-44' SMA-100
6.000
5,286.0000
EA
31,716.00
12/30/2011
55085592560
PELCO-50' LMA-80/100
2.000
11,412.0000
EA
22,824.00
12/30/2011
55085591911
PELCO-55' LMA-80/100
5.000
11,728.0000
EA
58,640.00
12/30/2011
55085591912
PELCO-60' LMA-801100
3.000
12,025,0000
EA
36,075.00
12/30/2011
55085591913
PELCO-50' LMA-8O/100
4.000
11,412.0000
EA
45,648.00
12/30/2011
55085591911
PELCO-50' LMA-80/100
4.000
11,412,0000
EA
45,648.00
12/30/2011
55085591911
Total Order
Terms NBT DUE ON RECEIPT
240,551.00
This purchase order encumbers funds in the amount of $240,551.00 awarded to Pelco Structural LLC of
Claremore, Oklahoma, on November 3, 2011. The following is incorporated into and made part of this purchase
order by reference: Price quotation dated October 5, 2011 from Pelco Structural LLC of Claremore, Oklahoma
Resolution# 2011—RO476
CITY OF LUBBOCK ATTEST:
Tom Martin, Mayor Reb ca Garza, City Secretary
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDII10NS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as followa:
1. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good
commercial practice. Each shipping container shvi be dearly and permanently marked as
follows (a) Seller's name and address, (b) Consignee's acme, address and purchase older or
purchase release number and the supply agreement number if applicable, (c) Container number
and total number of contaioaa, e.g. box I of 4 boxes, and (d) the number of the container
bearing the packing slip. Sella shall bear cost of packaging unless otherwise provided Goods
shell be suitably packed to scam lowest transportation costa and to conform with requirements
of common carriers and any applicableapaifiicarians; Boyces cocmtor weight sbalt be f r al-
aod conclusive on shipments rot accompanied by puking lies.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authoz>ad to ship the
goods under reservation and no tender of ■ bill of lading will upward as a tender of goads.
3. TITLE AND RUSK OF LOSS. The title and risk of ton of the goods shag not pas to Buyer
until Buyer actually receives and takes posses on of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
folly comply with all provisions of the contract as to time of ddivay, quality and the like Ifs
tender is mode which does not fully conform, this ehail constitute a breach and Sella shall not
have the tight to su ntitute a conforming tender, provided, whew the time for performance has
not yet expired, the Sella may reasonably notify Buyer of his mtemHae to cost and may then
make a conforming tender within the contact time but not afterward.
5. INVOICES & PAYMENTS.
e. Seller shall submit separate Invoice, in duplicate, one each purchase order or pmebse
release after each delivery. Invoices shall Indicate the purchase order or purchase release
number and the supply agreement number if applicable, invoices shall be itenthm and
owspmtatio charges, if atq, shell be iiacd scpwUdy. A copy of flea billof lad iag, and the
fieigbt waybill who applicable, should be attached to the Invoice, Mail To: Accounts
Payable, city or Lubbock P. O. Box 2000, Lubbock, Texas 79437. Payment shall not be due
until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer that graddes, In the form of eotautnmcot, gift
or otherwise, wet offacd or given by the Sella, or army ages or rciinme dative of the Sella, to
any officer or employee of the City of Lubbock with a view to securing a contract or securing
favorable treatment with reaped to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract In the event this contract is
canceled by Buyer pursuant to this provisim Buyer shell be entitled, in addition to any other
rights and remedies, to recover or withhold the amount of the can Incurred by Seller is
providing such gratuities
7. SPECIAL TOOLS R TEST EQUIPMENT. If the price stated on the face bereof includes the
cost of any special tooling or special test equipment fabricated or required by Sdkr for the
purpose of filling this order, such special tooling equipment and any proem shots related
thereto shall become the property of the Buyer and to the extent feasible shall be identified by
the Seller as suck
8. WARRANTY -PRICE
a The price to be paid by the Buyer shall be that contained in Soles s bid which Sella
warrants to be no higher than Seta's current process on orbs by others for products of the
kind and specification covered by this agreement for similar quantities under similar of like
conditions and medhoda of pwcbma In the went Seller breaches this warranty, the prices of
the item shall be reduced to the Seller's content prices our orders by others, or in the
alternative. Buyer may cancel this contract without liability to Seller for breach or Seger 'a
actual expense.
b. The Seller warmth& that do patiom or selling agency has bass employed of retained to solicit
or secure this contract upon an agroaaem or understanding for commisska, par"C'
brokerage, or contingent The exempting bona fide employes of boss ftde established
cammenial or selling agencies main-i—d by the Seller for the purpose of securing land —
For breach of vitiation of this warranty the Buyer shall heard the right in addition to army other
right of rights to canal this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to ddetlo<t from the contract price, or otherwise recover
the full amount of such cosroakdoo, ,- - - ge, brokerage orcontingent fen
9. WARRANTY -PRODUCT. Seller shall nut limit or exclude any implied warranties and any
attempt to do so shall reader this contract voidable m the option of the Buyer. Seller weans
that the goods furnished will conform to the specification, drawings, and descriptions listed in
the bid invitation, and to the sample(s) farmished by the Seller, if day. fu the eves of a conlict
or between the specifrcatimse, d mwiugs, and descriptions, the speetfiesdoo " govern.
Notwithstanding any provisions contained in the contractual agreement, the Seller rrpfsents
and waarants fault -free performance and fault -&ere results the processing date meal dead related
data (including, but not limited to calculating, competing and squracing) of all hardware,
software and firmware products delivered and services ptomded under this Contract,
Individually or in eombiaatiot4 as the case may be from the effective date of this Contract
Also, than Sella warrants the yms2000 calculations will be recognized and aecommodatad and
will not, in my way, result In hasdwere, software or firmwate failu m The City of Lubbock, at
Its suit, Uptiud, may moire die Scutt, at any fund, tU demo I the p nwMi res it inlcros to
follow in order to comply with all the obligations contained herein. The obligations contained
herein apply to products ad services provided by the Sella, its sub -Sella or wry thud party
involved in the creation at development of the products and services to be deiverad to the City
of Lubbock under this Contract Faihmd to comply with my of the obligations coasmed
herein, may result in the City of Lubbock availing ittdf of any of its H" under the law and
under this Contract including, but no limited to, its right paining to termination or default
The warranties contained herein are separate and dscrae from any other warranties specified
in this Contract, and are rot subject to any disclaimer of warranty, implied or expresso or
limitation of the Seller's liability which may be specified in this Cantracy its appendices6 its
schedules, its annexes or any document incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department of Labor under the Ocupariaoal Safety and
Neap Act of 1970. Is the event the product does not conform to OSHA standards, Buyer may
return the product for correctim or replacanas at the Seller's expenses. In the event Sella
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller'& expose
if. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS, Am pall of this connect for
sale Seller agree to ascertain whether goods manufactured in aceordimce wiili the
specifications attached to this agreement will give rite to the rightfd claim of any third person
by way of imfiingemas of the like. Buyer makes no warranty that the production oP goods
according to the specification will not give rise to such a claim, and in no west shall Buyer be
Gable to Seller for Indemnifications in the event that Sella is sued on the grounds of
infringement of the lika If Seller is of the opInion that an infringement or the like will result,
he will notify the Buyer to this effect in writing within two weeps after the signing of this
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringement or the like, Sella will save Buyer humleuer If Stier in good filth ascatama the
production of the goal in aOCofdartee with the specifications will result in infringement or the
likc, the contract shill be null and void
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery beford
accepting them.
13. CANCELLATION. Buyer shag have the right to coed for default all or any part of the
undelivered portion of this order if Seller breathes any of the tans better including warranties
of Sella or if the Sella becomes Insolvent or commis acts of bankruptcy. Such right of
cancellation is in addition to and rot in rem of soy other remedies which Buyer may have In
law or equity.
14. TERMINATION. The performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination or work hereunder Shall be
effamd by the delivery of the Seller of a "Notion of Termination^ specifying the extent to
which performance of work under the order is terminated and the date upon which such
rumination bcdmes ediextiva Such right or ovminatim s is in addition to and not in lieu of the
rights of Buyer act froth in Clause 13, herein.
15, FORCE MAIEURB. Neither party shall be bdd responsible for lases, resulting if the
fulfillment of any tams of provisions of this contract is delayed or preveated by any cause not
within the dtont , I of the pasty whose performance is interfered with, and which by the exercise
of reasonable diligence add party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation mmk by Sena without the written permission of the Buyer. Any
attempted assignment or delegation by Sella shall be wholly void and t Wly ineffective for all
purpose tales made in conformity with this paragraph.
17. WAIVER. No claim or right arising out ors breach of this contract an be discharged in whole
or In part byy, a waiver or ramacladon of the claim or right unless the waiver or restmciation to
supported byddaatle coned amd is in writing signed by the aggrieved Icy
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer In its advertisement for bids, and any other documents
provided by Softer as part of his bid, is intended by the parties as a Heal expression of their
agreement and intended also a a compleu and exclusive statement of the tams of their
agramteot Whenever a tam defcet by thus Uniform Commercial Cade Is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. Tbia agreement shall be governed by the Uniform Commaesl Code.
Where ever the tram "Udfmm Ccmmecial Code" is used, it &hail be conetroed as m-1 8 the
Uniform Commercial Code as adopted in the Stale of Texas a effective and in force on the
data of this agree
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
quadoa the other parry"s imenl m pnrfam he may da mod that the mbar party give written
assurance of his intent to perform. in the event that a demand In me& and no maintained is
given within five (5) days, the demanding Icy may tress this failure a an anticipatory
repudisdo of the coatra:L
21. iNDEMNIFICATiON. Seller shall unify, keep and save harml® the Buyer, its agent,
officials and emptaydes, against all injuries, death-, los, damage, tears, perms claims, suits,
liabilities, judgmerte, costs and expenses, which okay in anywise scow ageing the Buyer in
consequence of the granting of this Contract or which may anywise result therefrom, whether
or not it shell be alleged or determined that the act was caused through negligence or omission
of the Sella or is employees, or of the sub3dler or asiigned or is employees, if any, and the
Seller shell, at his own expeetsa appear defend and pay all charges of attorneys and all costs
and otherexpmss arising thaefmm of incurred in connection therewith, and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shell, a its own expenses,
satisfy and discharge the same Sella expraaly understands and agrees there any bond requited
by this contract, or otherwise provided by Seller, shall in no way limo the responsibility to
index nify, keep and save harmless and defer the Buyer a heroin provided.
22, TIME. It is hereby expressly agreed and understood dust time is of the essence for the
performance of this contract, and failure by contract to meet the time spcificedom of this
agreement wig case Seiler to be In default of this agreement
23. MBE. The City of Lubbock bereby notifies all bidders that in regard to any conduce entered
into punuaat to this request, minority and women business enterprises will be afforded equal
opportunities to submit bids in response to the invitation and will not be discriminated against
an the grounds of race, color, sex or natural origin in consideration for an award
Rev. 08/2005