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HomeMy WebLinkAboutResolution - 2002-R0333 - Purchase Order For Pipe, Fittings, And Accessories - 08/29/2002Resolution No. 2002-RO333 August 29, 2002 Item No. 67 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 pipe, fittings, and accessories, by and between the City of Lubbock and Hanson Pipe & Products, Inc. of Grand Prairie, Texas and related documents. Said purchase agreement 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 29th day of ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: v(.C� Victor Kilman, Phrchasing Manager APPROVED AS TO FORM: First Assistant City Attorney ml:ccdocs/Hanson Pipe & Products, Inc.res July 19, 2002 1 s Y o Resolution No. 2002-RO333 City of Lubbock Page - 1 PURCHASE ORDER Date - 7/23/02 t1 11 Order No. _ 227268-000 OP Brn/Plt 3511 TO: HANSON PIPE & PRODUCTS INC 1003 N MACARTHUR GRAND PRARIE TX 75050 SHIP TO: CITY OF LUBBOCK MUNICIPAL BUILDING -REAR DOCK 1625 13TH STREET ROOM L06 LUBBOCK TX 79401 Ordered - 07/16/02. Freight - FOB Destination Frt Prepaid Requested - 07/30/02 Placed By - BRUCE MACNAIR 775-2163 Special Ins Fax Bid 22024/BM: For delivery instructions call 806-775-2344 Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt 36" CLASS 125 PIPE 5100.000 LF 45.0100 LF 229,551.00 07/30/02 36" CLASS 125 90 DEG BEN 5.000 EA 2,320.0000 EA 11,600.00 07/30/02 36" CLASS 125 11.25 DEG BEN 1.000 EA 1,104.0000 EA 1,104.00 07/30/02 36" BY 36" CLASS 125 TEE 1.000 EA 3,250.0000 EA 3,250.00 07/30/02 W/45 DEG OUTLET 36" BY 24" CLASS 125 TEE 1.000 EA 2,480.0000 EA 2,480.00 07/30/02 36" BY 24" CLASS 125 REDUCE 2.000 EA 1,470.0000 EA 2,940.00 07/30/02 36" BY 27" CLASS 125 REDUCE 1.000 EA 1,410.0000 EA 1,410.00 07/30/02 27" BY 27" CLASS 125 TEE 1.000 EA 1,710.0000 EA 1,710.00 07/30/02 24" BY 24" CLASS 125 TEE 2.000 EA 1,560.0000 EA 3,120.00 07/30/02 24" CLASS 125 PLUG 1.000 EA 462.0000 EA 462.00 07/30/02 24" CLASS 125 90 DEG BEND 1.000 EA 1,200.0000 EA 1,200.00 07/30/02 This purchase order encumbers funds in the amount of $258,827.00 for the purchase of Pipe, Fittings, and Accessories awarded to Hanson Pipe & Products, Inc. on August 8, 2002, in accordance with your response to RFQ#22024/BM, Pipa, Fittings, and Accessories. The following are 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 RFQ#22024/BM, i CITY Q7 LUBB McDougal, ATTEST: Qj-^0 -"Q Rebecca Garza, City Secrttary APP D AS 4 R 1 Don Vandiver, First Assistant City Attorney Total Order Terms NET 30 258,827.00 TERMS AND CONDITIONS IMPORTANT. READ CAREFULLY STANDARD TERMS AND CONDITIONS C17Y 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, (b) Consignee's time, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number sad total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably picked to secure lowest transportation costs and to conform with requ'ucments of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lies. 1 SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship die 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 shalt not pass 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 goods must fully comply with all provisions of this contact as to time of delivery, quality and the trifle. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall cot have the right to substitute a conforming tender, provided, where the time for perfomuace has not yet expired, the Seller may reasonably notify Buyer of his intention to tare and may then nuke a conforming tender within the contract time but not afterward. S. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall 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 %4,%;ih when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submined after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is dctumincd by Buyer that gratuities, in the form of entertainment gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any otreer 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 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 provision, Buyer shall be entitled, in addition to any other Tights 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 stated on the face hereof includes the cost ofany special tooling or special test equipment fabricated or required by Sellcr for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. L 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 Seller's current process on orders by others for products of the kind and specification covered by this agreement for 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 canal 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 or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation orthis warranty the Buyer shall have the right in addition to any other sight ofrights 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 any attempt to do: a shall Tender this contact voidable at the option of the Buyer. Seller warrants that the goods famished will conform to the specification, drawings, and descriptions listed in the bid imitation, and to the sampke(s) furnished by the Seller, if any. In the eveut of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contactual agreement, the Seller 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 Contact, indivfdaslly or in combination. as the case may be from the effective date ofthis Contract. Also, the Seller warns the year20oo calculations will be recognized and accommodated and w111 not. in anyway. result in hardware, software or fumware failure. The City cf 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 Contact Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itsetf of any of is rights under the law sad strider ibis Cantina including, but not limited to, its right pertaining to termination or default. The 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 Setter's liability which may be specked in this Contact, its appendices, its schedules, its annexes or any document incorporated in this Contact by reference. I& 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 Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Sellers expense. It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods tnanufacturW in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person byway of infringement of the like. Buyer makes no warranty tlut the production of goods according to the specification will not give rise to such a claim, and in so event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the hike. If Seller is of the opinion that an infringement or the hike will result, be will notify the Buyer to this effect in writing within two weeks after the signing ofthis; agreement IfBuyer does not receive notice and is subsequently bell 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 hf Seller breaches any of the cants hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any 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. Temnination of work hereunder skull be effected by the delivery of the Seller of a "Notice ofTerminatioa 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 of the rights of Buyer set forth in Clause 13, herein. IS. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions ofthis contact is delayed or prevented by any cause not within the control of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. 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 ineffective for all- purpose unless nude in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach ofthis contract an 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 for bids, and amy 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 it complete and exclusive statement oath terns of their agreement. Whenever a term 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 Commerciai Code. Where ever the tern "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the otherparty's intent to perform he may demand that the otherparty give written assurance of his intent to performmm. In the event that a demand its made and no assurance is given within five (S)days, the demanding party may treat this failure as an anticipatory repudiation of the contact. 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 soywise aceme against the Buyer in consequence of the granting ofthis Contract or which may anywise result therdma , 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 subSether or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be Tendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the sane Seller expressly understands and agrees that any bond required by this contact, or otherwise provided by Seller, 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" contract, and failure by contact to meet the time specifications of this agreement will cause Seller to be in default ofthis agreemeoL 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contact entered into pursuant to this request. minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of mcc, color, sex or natural origin in consideration for an award. G:PURCIVrERMCOND.DOC