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HomeMy WebLinkAboutResolution - 2011-R0304 - PO - Consolidated Traffic Controls- Traffic Control, Enforcement, Etc. Equipment - 07_14_2011Resolution No. 2011—RO304 July 14, 2011 Item No. 5.15 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. 10002317 for the purchase of traffic control, enforcement and signal preemption equipment, by and between the City of Lubbock and Consolidated Traffic Controls of Arlington, Texas, 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 July 14, 2011 TOM MARTIN, MAYOR (ATTEST: Garza, City Secretary (APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer PROVED AS TO FORM: y .7 1 Weaver, Assistant City Attorney ccdocs/RE S. Consol i dated Traffic Controls-PurchaseOrd y 13, 2011 Of Page - 1 Lubbock PURCHASE ORDER Date - 06/22/2011 T € x A $ Order Number 10002317 000 OP Branch/Plant 4525 TO: CONSOLIDATED TRAFFIC CONTROLS SHIP TO: CITY OF LUBBOCK BOX 151837 TRAFFIC CONTROLS BUILDING ARLINGTON Texas 76015 202 MUNICIPAL DR LUBBOCK Texas 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered 05/13/2011 Freight Requested 09/25/2011 Taken By D GAMBOA Delivery PER GARZA_R REQ 37420 HGACBUY CONTRACT PE-05-09 Description/Supplier Item Ordered Model 752 Phase Selectors 16.000 Model 721 Opticom Detectors 32.000 Model 722 Opticom Detectors 10.000 1000' Spool Model 138 Opticom 5,000.000 Terms NET 30 DAYS Unit Cost UM Extension Request Date 1,758.7500 EA 28,140,00 09/25/2011 456.5000 EA 14,608,00 09/25/2011 636.9000 EA 6,369.00 09/25/2011 .4100 EA 2,050.00 09/25/2011 Total Order 51,167.00 This purchase order encumbers funds in the amount of $51,167.00 awarded to Consolidated Traffic Controls, of Arlington, TX, on July 14, 2011. The following is incorporated into and made part of this purchase order by reference: Price quotation dated May 11, 2011 from, Consolidated Traffic Controls, Inc., of Arlington, TX and HGAC contract No. PE-05-09. Resolution# 2011—RO304 CITY OF LUBBOCK ATTEST: Tom Martin, Mayor Rebe a Garza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOOD. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's mute and address, (b) Cousignez s name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box l 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 packed to secure lowest transportation costa 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 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 opexale as a tender of goods. 3. TrrLE AND RISK OF LOSS. The tide and risk of lass of the goods shall 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 o£this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a beach and Seller shall not have the right to substitute a conforming tender, provided, where the time for perfonnavoe has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then snake a conforming tender within the contract time bat not afterward 5_ INVOICES @ PAYMENTS. s. 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 (rill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City o£Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shellnot be due until the above instruments arc 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, gifts or otherwise, were offered or by the Seller, or any agent a representative of the Seller. to any officer or employec of City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending or the ma of any determinations with respect to the performing of such a contract in the event this contract is canceled by Buyer puauarn to this provision, Buyer shall be ematled, in addition to any other rights and remedies, to recover or withhold the amount of the cost insured by Seller in Pig such gratuities. 7. 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 Seiler fox 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. 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 that Sellers current process on orders by others for products ofthe kind and specification covered by this agreement for similar quantties tinder similar of like conditions and methods of purchase. in the event Seller breachq this warranty, the pdcos of the items shall be reduced to the Sclia's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seiler for breach or Seller'. actual expense. b. The Seller warrants that no person a selling agency has be= employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting Mona fide employees of bona fide established comunrciad or selling agencies miaimained by the Seller forthe purpose of securing business. For breach of vitiation of this warranty the Buya 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 commlasirn percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furoished by the Sella, if any. In the event of a conflict or betwcen the specifications, drawings, and duets, the specifications shall govern. Notwithstanding any provisions contained in the contracthml agreement, the Seller represents and warrants fault -fire performance and fault -free result in the processing date and date related data (including, but net 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 race may be from the effective date of this Contract. Also, the Seller warrants the year'2OOO 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 Seiler, 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 err development of the products and services to be delivered to the City of Lubbock under this Contras. 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 Co itttact including, but not limited to, its right pertaining to termination or defauk. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of wan", implied or expressed, or limitation of the Seller`s liability, which may be specified in this Comae[, 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 Occupational Safety and Health Act of 1970. in the event the product tors not conform to OSHA standards, Buyer may return the product for correction or replxemert at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction trade by Buyer will be at die Sellers expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this oxmnact for sale Seller -gear to, ancermm whether goods manufactured in accordance with the specifications attache( to this agreement will give rise to the rightful claim of any third person by way of mat of the like. Bayer 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 Rabic to Seller for indemnification in die event that Seller is sued on the grounds of infringement of the like. tf Seger is of the opinion that an infringement or the bike will result he will notify the Buyer to this effect in writing within two weeks after the signing of this agreemem. If Buyer does not receive notice and is subsequently held liable for the infringement or due like, Sell= 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 eonhact shall be cull 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 pat of the andeliveted portion of this order if Seller breaches any of due tams heeeof including warranties of Scher or if the Seller booms insolvent or commits ads of bardimptcy. Such right of cancellation is in addition to and riot in lieu of arty other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of wads under this order may be terminated in whole, or in par by the Buyer in accordance with this provision. Termination of work hereunder shall be et%cted by the delivery of the Seller of a "Notice of Terwinatien" specifying the extent to which performance of wmk under the huller 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 ad forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party "be held responsible for limsm resulting if the fulfillment of any terms 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 -DELEGATION. No right or interest in this contract shall be assigned or delegaton of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegnti m by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paagaph. 17. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or reaumciation of the claim or right tmkas the waiver or rcituacuman is supported by consideration and is in writing signed by the aggria-d party, 18. INTERPRETATION -PAROLE EVIDENCE. This writfag, plus any specifications for bids aid performance provided by Buyer in its advertisement for bide, and any other documents provided by Seller as part of his bid, is intended by the patties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Cade is used in this agreement, the definition contained in the Cade is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the berm "Uniform Commercial Code" h used, it shall be construed as meaning the Uniform Commercial Code as adapted in the State of Texas as effcmve and in force on the dale of this agreement 20. RIGHT TO ASSURANCE. Whenever ere party to this contrail in good faith has reason to question the other party's intent to perform be may demand that fix ather party give written assurance of his intent to perform. in the event that a demand is made and no assurance is given within five (5) dam the demanding party may treat this fisdurc 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, suit% liabilities, Judgments, caste and expenses, which may in anywise accmc against the Buyer in consequence of the granting of this Contract or which may anywise resuh therefrart, whether or not it shall be alleged or determined that the ad was caused through negkgence or omission of the Seiler or its cmpkTft% 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 costa and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at in own expenses, satisfy and discharge the same Seller expressly understands and agrees due any bond required by this contract, or otherwise provided by Seller, shall in no way lima the responsibility to indemnify, keep and save harmless and defend the Buyer as herein pr vidcd. 22. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in def nth of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into purw®t 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 discrinamated against on the grounds of ran, color, sex or natural origin in consideration for an award. Rev. 08/2005