HomeMy WebLinkAboutResolution - 2000-R0181 - PO - Power Substations Inc.- Traffic Signal Cabinets And Controllers - 06_20_2000Resolution No. 2000-RO181
June.20, 2000
Item No.30
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 to furnish
traffic signal cabinets and controllers per Bid #00-115, by and between the City of
Lubbock and Power Substations, Inc., 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 this 20tb day of June 2000.
ATTEST:
Kayt ' arnell, City Secretary
APPROVED AS TO CONTENT:
Victor Kilm *,IVurchasing Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contract Manager/Attorney
Ccdocs/P.O-Power Substations„ res
June 12, 2000
Resolution NO. 2000-RO181
t Y O
City of Lubbock
PURCHASE ORDER
�� 11
TO:
POWER SUBSTATIONS INC
6555 WILSON MILLS ROAD SUITE 106
PO BOX 43055
CLEVELAND OH 44143
Page -
Date -
Order No. -
Brn/Plt -
1
6/26/00
180605-000 OP
3511
SHIP TO:
CITY OF LUBBOCK
ELECTRIC DISTRIBUTION CENTER
600 MUNICIPAL DR
LUBBOCK TX 79403
Ordered - 06/26/00 Freight FOB Destination Frt Prepaid
Requested - 11/30/00 Placed By - RON SHUFFIELD 775-2170
Special Ins Per Bid #00-115 ATTN: Robert Morel
-------------------------------------------------------------------------------------.
Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt
........................... --------------- -- --------------- ------------------- --------
AIR SWITCHES, BUSSWORK, 1.000 EA 254,906.0000 EA 254,906.00 11/30/00
STEEL STRUCTURES
STATION POST ARRESTERS, 69kV POTENTIAL TRANSFORMERS,
STATION POST INSULATORS, AND SWITCH PLATFORMS AS PER
"EXHIBIT A", BID # 00-115.
This purchase order encumbers funds in the amount of $254,906 for a bid awarded Power Substations Inc. of Cleveland, Ohio on June 20, 2000
(Resolution #2000-110181) in accordance with your response to ITB #00-115, Lubbock Power & Light Southwest Substation, Equipment Package. 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 ITB #0 115.
Cl BOCF. EST: -
Windf Si o , Mayor ythie 9
r ell, City Secretary
APPROVED AS TO FORM: "
z zyr� Total Order
W a de Haas,_ Competition and Contracts Manager/Attomey _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - _ - _ _ _ _ _ _ _ _ _ - _ _ - _
Terms 1/15, NET 30 254,906.00
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 shalt be clearly and permanently marked as
follows (a) Seller's name and address. (b) Consignee's name, address and purchase order or
purchase release number and the supply agreement number if applicable, (e) Container number
and tot-) number of containers, a.g. box i of 4 boxes, and (d) the number of the container
beating the packing slip. Seller shall bear cost ofpackaging unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform with
requirements of common carriers and any applicable specifications. Buyer's count or welght
dull be final and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller Is not authorized to 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 riot 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 ofdeGvcry of goods must
fully comply with all provisions ofthis contract as to time of delivery, quality and tie hike. If
a tender Is nude which does not &Ny conform, this shall constitute a breath 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 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 suer each delivery. Invoices shall indicate the purchase order or purchase release
number and the supply agreement number ifapplicable. 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 not be due
until the above instruments are submitted after delivery.
IL 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, gift
or otherwise, 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 making of any
determinations with respect to the performing of such a contract in the event this control 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 to cost incurred by Seiler in
providing such gratuities.
I SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the
cost of any special tooling or special test equipment fabricated or required by Seller 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
t. 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 agmcnicat for similar quantities under similar of like
conditions and methods ofpurchase. In the event Seiler breaches this warranty, the prices of
the hems shall be reduced to the Seller's current prices on orders by others, or in die
alternative. Buyer any cancel this contract without liability to Seller for breach or Seller's
actual expense.
Is. 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 emplq= of bona ride 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
tie full amount of rich commission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do to shall reader this contract voidable at die option of the Buyer. Seiler warrants
that the goods Atmtshed will conform to the specification, drawings, and descriptions listed in
the bid imitation, and to the umple(s) famished by the Seller, if any. ice the event of a
conflict or between the specifications, drawings, and descriptions, the specifications shall
govern. Notwithstanding any provisions contained in the coutracmal agreement. the Seller
represents and warrants fauh-free performance and fauh-hu result in the processing date and
date related dam (including, but not limited to calculating, comparing and sequencing) ofan
hardware, software and firmware products delivered and services provided under this Contract,
individually or is combination, as the ease may be ham the effective date of this Contract
Also. the Seller warrants the year2000 calculations will be recognized and accommodated and
will aot, In any way. result in bxdware, software or frruware figure. The City of Lubbock, at
is sole option, may require the Seller, at any time, to demonstrate the procedures it intends to
foibw, in order to comply with ail the obligations contained herein. The obligations contained
herein apply to products and services provided by the Selk , is aubSetlu 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. nay result in the City of Lubbock availing iuclf of any of its rights under the law and
under this Contract including, but not limited to, is right pertaining to termination or default
The warranties contained heron am separate and discrete from any other warranties specified
in this Contract. and are not subject to any disclaimer of warranty, Implied or expressed. or
Lmitation of the Selleet liability which may be specified in this Contract, is appendices, its
schedules. its annexes or any document Incorporated in this Contract by reference.
m 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 doe, riot conform to OSHA standards, Buyer
may return the product for correction or replactment at the Seller's expense. in the event
Seller fails to make the appropriate correction within a reasonable tine, correction made by
Buyer will be at the Seller's expense,
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As put ofthis contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached a this agreement will give rise to the rightful claim of any third person
byway of lmfringement of the Rice. Buyer makes so warranty that the production of goods
according ro the specification will not give the to such a elauru and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller is sued on the grounds of
Infringement of the lice. If Seller Is of the opinion that an infringement or the lice will result:
he will notify the Buyer to this effect in writing wain two weeks after the signing of this
agreement If Buyer does not receive notice and is subsequently held liable for the
Infringement or the lice. Seller will save Buyer harmless. If Seller in good faith ascertains the
production of the goods in accordance with tie specifications will mutt in infHogement or the
like. the contract shall be null and void.
IL RIGHT OF INSPECTION. Buyer shall have the right to baspcet 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 ofthis order if Seller breaches any of the terns hereof including warranties
afSeller or if the Seller becomes buolvront or commis acts ofbankrhptcy. Such right of
cancellation Is in addition to and not in lieu of any ocher remedies which Buyer tray have in
law or equity.
14. TERMINATION. The performance of work under this order may be terminated in whole, or
in par by the Buyer in accordance with this provision. Termination of work hereunder still[
be effected by die delivery of the Seller of a "Notice of Termination" specifying the extent to
which performance of work under the order is tenninmed and the date upon which such
termination becomes effective. Such right or termination is in addition to and not in lieu of du
rights of Buyer set forth in Clause 13. herein.
15. FORCE 161AIEURE 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 die 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 ofany obligation made by Seller without the written permission ofibe Buyer. Any
attempted assignment or delegation by Setter shall be wholly void and totally uefiective for 4
purpose unless made in conformity with this paragraph.
17. WAIVER. No claim or right arising out ofa breach ofthis con= can be discharged in
whole or In par by a waiver or renunciation of the claim or right unless die waiver or
renunciation is supported by consideration and is in writing signed by to aggrieved party.
18. INTERPRETATION -PAROLE EVIDEYCE. This writing, plus any specifications; for bids
and performance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as par of his bid, Is intended by die panics as a final expression of their
agreement and intended also as a complete and exclusive statement of the temps ofthcir
agreement Whenever a term defined by the Uniform Conmmereiat 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 tern "Uniform Commercial Code` is used, it shall be construed as meaning tie
Uniform Conimerciat Code as adopted in the State of Texas as effective and in force on the
date of this agreemenL
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 detnand that die other patty give written
assurance of his intent to perforre. In the event that a demand is nude and no assurance is
given within live (3) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless tie Buyer, is agems.
officials and employees, against all injuries. deaths, loss. damages, claims, patent claims, suits.
liabilities, judgments, Boss and expenses, which may In anywise accrue against the Buyer in
consequence of the granting of ibis 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 Is employees, or of the subSeller or sssignce or its employees. if any, and the
Sella shall, at his own expense, appear, defend and pay all charges of attomeys and all costs
and other expenses arising therefrom of insured is connection therewith, and, if any judgm ent
shall be tendered 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 requirtxl
by this contract, or otherwise provided by Seiler. 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
perforimce ofthis contract, and failure by contract to meet the time specifiations ofthis
agreement will cause Seller to be in default of this agreement
23. MBE The City of Lubbock hereby notifies ail bidders that In regard to any contract entered
Into pursuant to this request. minority and women business coterprisei will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated agsimst
on the grounds of race, color, sex or natural origin In cons idemition"lam an award.
G.PURCH I f E MICOND. DOC