HomeMy WebLinkAboutResolution - 2007-R0252 - Award Bid To Morrison Supply Company - PVC Sewer Pipe - 06/14/2007Resolution No. 2007--RO252
June 14, 2007
Item No. 6.8
RESOLUTION
WHEREAS, the City of Lubbock solicited bids (BID # 07 -050 -FO) for 18 -inch
C sewer pipe (herein so called) for use by the City of Lubbock;
WHEREAS, Section 271.9051 of the TEXAS LOCAL GOVERNMENT CODE
provides that if a municipality with a population of less than 250,000 receives one or
more bids from a bidder whose principal place of business is in the municipality, and
whose bid is within five percent (5%) of the lowest bid price received by the municipality
from a bidder who is not a resident of the municipality, the municipality may enter into a
contract with either the lowest bidder, or the bidder whose principal place of business is
in the municipality, conditioned upon appropriate findings of the governing body;
WHEREAS, Morrison Supply Company, with a principal place of business
located at 141 E. 42nd Street, Lubbock,. Texas, 79404, is located within the city limits of
the City of Lubbock;
WHEREAS, Morrison Supply Company, submitted a bid to the City of Lubbock
for a contract to supply the 18 -inch PVC sewer pipe in accordance with the above -
referenced BID # 07 -050 -FO, said bid being in an amount that is within five percent (5%)
of the lowest bid price received; and
WHEREAS, the City Council of the City of Lubbock finds that the bid submitted
by Morrison Supply Company offers the City of Lubbock the best combination of
contract price and additional economic development opportunities for the City of
Lubbock and its residents, including the employment of residents of the City of Lubbock
and increased tax revenues to the City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock awards Bid # 07 -050 -FO (the "Bid"), respecting the
property described as an 18 -inch PVC sewer pipe, as more particularly described in the
Bid (the "Property"), to Morrison Supply Company of Lubbock, Texas.
BE IT FURTHER 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 related documents regarding the purchase of the
Property pursuant to the Bid, which Contract and any associated documents are attached
hereto as Exhibit "A" and made a part hereof for all intents and purposes.
by the City Council this 14th day of June , 2007.
DAVID A. MILLER, MAYOR
TTEST:
APPROVED AS TO CONTENT:
Deputy City Manager/Water Utility Director
APPROVED AS TO FORM:
f,..
`!ice
Linda L. Chamales, Senior Attorney
Office Practice Section
ml/ccdocs/PurOrd Local Pref -Morrison Supply -res
June 13, 2007
TO:
CITY OF LUBBOCK
U R C H A S E 0 R D E R
MORRISON SUPPLY COMPANY
141 E 42ND STREET
LUBBOCK TX 79404
SHIP TO:
`EXHIBIT A"
Page 1
Date - 6/18/07
Order No. - 312371 000 OP
Brn/Plt - 3511
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Ordered - 06/05/07 Freight FOB Destination Frt Prepaid
Requested - 06/05/07 Taken By - FELIX ORTA
Delivery - BID 07-050-FO
------------------------------------------------------------------------------
Description / Supplier Ite
18" PVC SEWER PIPE SDR -35
Ordered UM Unit Cost UM Extension
1800.000 FT 14.0000 FT 25,200.00
Req. Dt
07/06/07
This purchase order encumbers funds in the amount of $25,200, for the purchase of 1,800 ft of 18" PVC Sewer
Pipe, awarded to Morrison Supply Company of Lubbock, TX on June 14, 2007 in accordance with your response
to ITB#07-050-FO, 18" PVC Sewer Pipe. The following is incorporated into and made part of this purchase order
by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of ITB#
07 -050 -FO. Resolution# 2007—RO252
CITY OF LUBBO ATTEST:
David A. Miller MayorkR+ber-r-a arza, City Secretary
Total Order
-------------------------------------------I-----------------------------------------
Terms NET 30 25,200.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address, lb) Consignee's name, address and purchase order or
purchase release number and the supply agreement number if applicable. tel Container number
and total number of containers, e.g. box I of 4 boxes, and (d) the number oflhe container
bearing the packing slip Seller shall bear cost of packaging unless otherwise provided. Goods
shall be su+tahly packed to secure lowest transportation costs and to conform with requirements
of common carriers and any applicable specifications. Buyer's count or weight shall be final
and conclusive on shipments not amompanted by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized (o ship the
goods under reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pairs to Buyer
until Buyer actually receives and takes possession of the goods at the point or points of
delivery.
4 NO REPLACEMENT Of DEFECTIVE TENDER. Every tender of delivery of Woods must
fully comply with all provisions of this contract as to lime of delivery, quality and the like. If a
tender is made which does not fully conform, this shall constitute a breach and Seller shall not
have the right to substitute a conforming tender, provided, where the time for performance has
not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then
make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS.
a_ Seller shall submit separate invoices, -in duplicate, one each purchase order. or purchase
release after each delivery. Invoices shell indicate the purchase order or purchase release
number and the supply agreement number if applicable. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the
freight waybill when applicable, should be attached to the invoice. Mail To', Accounts
Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall root 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 gratuities, in the form of entertainment, gigs
or otherwisc were offered or given by the Seller, or any agent or representative of the Seller, to
any officer or employee of the City of Lubbock with a view to securing a contract or securing
Favorable treatment with respect to the awarding or amending, or the snaking of any
determinations with respect to the performing of such a contract. In the event this contract is
canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other
rights and remedies- to recover or withhold the amount of the cost incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price slated on the face hereof includes the
cost of any special tooling or special test equipment fabricated or required by Seller for the
purpose of fi Iling this order, such special tooling equipment and any proem sheets related
thereto shall become the property of the Buyer and to the extent feasible shall be identified by
the Seller as such.
8. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher than Sellers current process on orders by others for products of the
kind and specification covered by this agreement far similar quantities under similar of like
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of
the items shall be 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
actual expense.
b. The Seller warrants that no person or selling agency has been employed orretained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage. or contingent Fee excepting bona fide employees ofbana fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business.
For breach of vitiation of this warranty the Buyer shall have the right in addition to any other
right of rights to cancel this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the Full amount of such commission, percentage, brokerage or contingent fee.
9 WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and eery
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
that the goods furnished wil l conform to the specification, drawings, and descriptions listed in
the bid invitation, and to the sample(s) furnished by the Seller. if arty In the event of a conflict
or between the specifications, drawings, and descriptions, the specifications shall Sever,
Notwithstanding any provisions contained in the contractual agreement, the Seiler represents
and warrants fault -free performance and fault -free result in the processing date and date related
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and firmware products delivered and services provided under this Contract
individually or in combination, as the case may be From the effective date of this Contract.
Also, the Seller warrants the year2000 calculations will be recognized and accommodated and
will not in any way. result in hardware, software or firmware failure. The City of Lubbock, at
its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to
follow in order to comply with all the obligations contained herein. The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or any third party
involved in the creation or development of the products and services to be delivered to the City
of Lubbock under this Contract. Failure to comply with any of the obligations contained
herein. may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
Tbe warranties contained herein are separate and discrete From any other warranties specified
in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation of the Seller's liability which may be specified in this Contract, its appendices, 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 Occupat Pana[ Safety and
Health AG of 1970. In the event the product does not conform to OSHA standards, Buyer may
return the product for correction or replacement at the Sellers expense. do rhe event Seller
Fads to make the appropriate correction within a reasonable time, correction made by Buyer
—11 be at the Seller's expense
-
I I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contractfor
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any third person
by way of infringement of the like. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim, and in no event shall Buyer be
I iable to Seller for indemnification in the event that Seller is sued on the Wounds of
infringement of the like. 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 weeks after the signing of this
agreement If Buyer does not receive notice and is subsequently held liable for the
infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the
production of the goods in accordance with the specifications will result in infringement or the
like, the contract shall be null and void.
12. RIGHT OF INSPECTION- Buyer shall have the right to inspect the goods at delivery before
accepting them.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the
undelivered portion of this order if Seller breaches arty of the terms hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such rightof
cancellation is in addition to and not in lieu ofarry 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 of work hereunder shall be
effected by the delivery of the Seller of a "Notice of Terrmnation" specifying the extent to
which performance of work under the order is terminated and the date upon which such
termination becomes effective. Such right or termination is in addition to and not in lieu ofthe
rights of Buyer set forth in Clause 13, herein.
15. FORCE MAIEURE. Neither party shall be held responsible For losses, resulting if the
fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not
Within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT-DELEGAT[ON. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally ineffecli ver For all
purpose unless made in conformitywith this paragraph.
17. WAIVER. No claim or right arising out oFa breach of this contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing• plus any specifications for bids and
performance provided by Buyer in its advertisement far bids, and any other documents
provided by Seller as part of his bid, is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the terms of their
agreement. Whenevera. tern defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW, This agreement shall be governed by the Uniform Commercial Code.
Where ever the lain "Uniform Commercial Code" is used it shall be construed as meaning the
Uniform Commercial Code as adopted in the State of Texas as edTective and in force on the
date of this agreement.
20 RIGHT TO ASSURANCE, Whenever one party to this contract in good faith has reason to
question the Other party's intent to perform he may demand that the other party give written
assurance of his intent to perfetrn In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
21. INDEMNIFICATION, Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials and employees, against all injuries, deaths" loss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in
consequence of the granting of this Contract or which may anywise result therefrom" whether
or not it shall be alleged or determined that the act was caused through negligence or omission
of the Seller or its employees, or of the subSeller or assignee or its employees. if any. and the
Seller shall, at his own expense. appear, defend and pay all charges of attorneys and all costs
and other expenses arising therefrom of incurred in connection therewith. and. ifany judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses,
satisfy and discharge the same Seller expressly understands and agrees that any bond required
by this contract or otherwise provided by Setter, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Buyer as herein provided.
22. TIME. It is hereby expressly agreed and understood that time is of the essence for the
performance of this contract" and fadure by contract to meet the time specifications Of this
agreement will cause Seller to be m default of this agreement.
23. MBE, The City of Luhbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this request, minority and "men business enterprses will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, sex or natural origin in consideration for an award.
Rev 08/2005