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HomeMy WebLinkAboutResolution - 1853A - Contract - QEI Inc - Supervisory Control & Data Acquisition System - 10_11_1984Resolution #1853-A Agenda Item #33 October 11, 1984 JWF:cl 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 Contract between the City of Lubbock and QEI, Inc., for construction of a Super- visory Control and Data Acquisition System, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of ATTEST: Rane to Boyd, City Secretary APPROVED AS TO CONTENT: S 1, Director of Water Utilities APPROVED AS TO FORM: �' y �_ .11 XA_aA&(�t� J. W th Fullingim, Assistaot City Attorney October . 1984. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9 r4- day of %Vove"e4- , A.D. 19 84 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Alan Henry , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and QEI, Inc. cf the City of Springfield County of Union and State of New Jersey , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree - cents hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Supervisory Control and Data Acquisition System to include Alternate se Bid and Additive Alternates 1, 2, 3, 4, 7, and 8. The last amendments and/or changes to the contract documents including Addenda 1 and 2 made immediately prior to the execution of this contract are as follows: Addendum No. 2, Paragraph 2 under the Section called Special Provisions is amended to read as follows: "Payment for the work will be made on the basis of the Proposal on which the award is made and which is included in the contract. The Payments shall be made based on the following milestones and percentages: A. Approval of shop drawings: 10%. B. Delivery of equipment: SOX. C. Installation of equipment: 30% D. Completion of testing requirements of Section 3-8J of the contract as amended by Addendum No. 2 of the contract: 10%. The percentages shown next -above shall be subject, to SX retainage until final payment to Contractor as authorized by City Council of the Owner. Retainage of 10% mentioned in Paragraph 41, of General Conditions of the contract or wherever mentioned in the contract shall be changed from LOX to Si." G - 1 Paragraph 35 of the General Conditions of the contract is amended to read as follows: "35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of Paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Engineer, employees of the Owner or other contractors employed by the Owner, including but not limited to the fact that the approval drawings, data base information, and answers to technical questions relating to system design shall be returned to the Contractor within 3 weeks of receipt of a written request therefore to the Owner from the Contractor, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, sub- mitting an extension as requested by Contractor. The Engineer within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit_ such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of the City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided." Paragraph 8 of the General Instructions to Bidders and Paragraph lb of the Special Provisions sections of the contract are amended to read as follows: "SYSTEM LIMITED WARRANTY: (a) SXstem Design: The system design shall be warranted as in compliance with the specification for a period of -one (1) year from the date the system is accepted, or fif- teen (15) months from the date the system is installed, whichever comes first. QEI's obligation under this warranty shall be limited to making required field changes to cause the system design to be in compliance with the specification. (b) Material and Workmanship: All equipment manufactured by QEI, including such parts manufactured by others as are INTEGRAL to QEI equipment shall be free from defects in design, material, and work- manship for a period of one (1) year from the date the equipment is accepted, or fifteen (15) months from the date the system is installed, whichever comes first, QEI's sole liability and obligation with respect to the system under this warranty shall be LIMITED TO REPAIRING OR REPLACING, AT ITS OPTION, F.O.B. FACTORY, ANY PART OF THE EQUIPMENT WHICH IS DEFECTIVE IN MATERIAL OR WORKMANSHIP AND WHICH FAILS TO CONFORM TO THIS WARRANTY, PROVIDED THE EQUIPMENT IS PROPERLY INSTALLED, FULLY PROTECTED, AND MAINTAINED BY COMPETENT PERSONNEL. QEI shall not be responsible for any costs incurred in the iden- tification, removal, reinstallation, or shipping to the factory of G - 2 equipment to be repaired or replaced under this warranty. When requested, QEI will make available to the Buyer a competent field ser- vice technician to identify the defective system subassembly. The charge for this service will be at AEI's current_ established rare. (c) Express Warranties, Exclusion of Implied Warranties: QEI further warrants that the goods supplied hereunder will conform to the description herein stared and that it will convey good title thereto, free of all liens and encumbrances of any kind whatever unknown to the Buyer. QEI shall have no liability to the Buyer for consequential or extended damages incurred as the direct or indirect result of failure of any part of the equipment.. This is QEI's sole warranty with respect to the goods. QEI MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. (d) Design Changes: QEI reserves the right to make modifications in design without incurring any obligation to make such modifications to systems previously sold." Whenever the work or term "QEI" next -above is used it means the Contractor as otherwise referred to in this contract_ and whenever the word or term "Buyer" next -above is used it means the Owner (City of Lubbock) as otherwise referred to in this contract. The first full subparagraph of Paragraph 3-10 of the Technical Specifications section of the'contract_ shall be amended as follows: "The Contractor shall be responsible for software maintenance during the first year of operation as provided in paragraph 16 of the Special Provisions. Software specialists shall be required to visit the project as required in order to assure that the software operation is .in compliance with the project_ specifications." The remainder of said Paragraph 3-10 shall remain the same. The Contractor agrees to complete all extra work in connection therewith, under the terms as stated in the contract documents and at his ( or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete the same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the per- formance of the contract in accordance with the proposal submitted there- fore, subject to additions and deductions, as provided in the contract documents in the sum of $ 190,526.00 G - 3 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Sex,crca-� in the year and day first above written. - ATTEST: City Sec etary��r APPROVED AS TO CONTENT: V APPROVED AS TO FORM: ot ilsmc mRAI WE 1 1 ATTEST: , Secretary CITY OF LUBBOCK, TEXAS COMPLETE ADDRESS: /0& / I've, G - 4