HomeMy WebLinkAboutResolution - 2012-R0198 - PO - Graybar - Fiber Optic Cable - 05_30_2012Resolution No. 2012—RO198
May 30, 2012
Item No. 5.13
RESOLUTION
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, a Purchase Order for the purchase of
Fiber Optic Cable as per US Communities Cont. No. MA-IS-1040222-3 / PO No.
10005524, by and between the City of Lubbock and Graybar of Amarillo, 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.
assed by the City Council on May 30 , 2012.
40, k7kdl, AYOR
TTEST: Uniform Fad SlgnsWM of Public
Officials Apt, Ch. 618, Tx Gov't Code
ebe a Garza, City Secret
AS TO CONTENT:
arsha Reed, Chief Operating Officer
PPROVED AS TO FORM:
Weaver, Assistant City Attorney
sj/ccdocs/Chad/ResolutionslRES.PO-Graybar
May 7, 2012
i
fjcity of
u-Mock
ItIAi
TO:
PURCHASE ORDER
GRAYBAR
1900 SW 1ST
AMARILLO Texas 79106
twOiCe TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2008
L U BBOCK, TX 79437
SNIP TO:
Page - 1
Date - 05/14/2012
Order Number 10005524 000 OP
Branch/Plant 4525
CITY OF LUBBOCK
TRAFFIC CONTROLS BUILDING
202 MUNICIPAL DR
LUBBOCK Texas 79403
Ordered 05/07/2012
Freight
Requested 06/30/2012
Taken By
T LENNON
Delivery PER R GARZA REQ 39656
US COMMUNITIES MA-IS-1040222-3
Description/Supplier Item
Ordered Unit Cost
UM
Extension
Request Date
DRAKA COMTEQ F-ADES2080
3.280 476.6300
EA
1,563.35
06/30/2012
12-ES-012-E3 (3,2001)
DRAKA COMTEQ F-ADES2080
10.500 610.7200
EA
6,412.56
06/30/2012
12-ES-036-E3(10,500)
DRAKA COMTEQF-ADLD2302
51.000 1,178.8000
EA
60,118.80
06/30/2012
12-ES-096-E3 (51,000)
Total Qrdt<r —
Terms NET 30 DAYS 68,094.71
This purchase order encumbers funds in the amount of $68,094.71.00 awarded to Graybar of Amarillo, TX, on May 30, 2012.
The following is incorporated into and made part of this purchase order by reference: Price quotation number 215361265,
dated May 2, 2012 from Graybar of Amarillo, TX and US Communities Contract # MA-IS-1040222-3.
Resolution# A _ . 2012—RO198
-.ter--'�
�Ugnnil� em F w SipmM of PAlUM
TERNIS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LU BROCK, TIMAS
Seller ■nd Buyer sylree as follows:
1. SELLER TO PACKAGE (',GODS. Sella will p hags goods in accordanice with pod
coamnsrcal practice. Each +hipping container "I be clearly and pa mmut dy marked as
follows pay Stila'n name and address. (b) Comillotsi s nam addnees and purchase order or
pmchar rekw nunsbw d the supply atpvomms numbw if applicable. (c) CmWnw nrmhhw
aid Intel number of comainsm e.g. box 1 of 4 boxer said (d) Ihoo mmnber of the container
bearing the pckerg dlp. Seller dull bear cost of packsging whsss oihrwin provided. Goods
shag be tunably packed to swum lowest trosporusi a cows sad to conform with requitemma
of caosrson carriers and arty applicable specificak . Buysers covet err wrigk shall he final
yid conclusive on sblyettsrtta tat accompanied by tucking lire*.
L SHIPMENT UNDER RESERVATION PROHIBITED. Sella is nr autlnriad to ship the
gouda wrier ttseevatiam add hm urader of s bill of lading will operam n a tinder of goods.
3. TITLE AND RISK OF LOSS. The tit* aril ark of ksm d der goods shall rot twin to Buyer
until Buyer actually receives and takes possession of the gode at the poim or point of
delivery.
4, NO REPLACEMENT OF DEFECTIVE TENDER. Every omda of delivery of goods mug
fully cmhply with Ail provisions of tip ONO= m io iptw of ddivsry, quality aid the like. If ■
tender to made which doss not MByt conliums, obis shell tamale" a breach and Seller shall not
have she right to subWowe a coatfoiming imodr. provided, whin the time lbw pop for mince has
not yet expircol, die Seller nary reamhly naly Bayer of his imenimt to caw eel may then
make a conformi l ocadw within the contract time but nee Afterward.
1. INVOICES A PAYMENTS. a Seller shall Submit Aeprats imoiea. in &splits, ono each
pumbaas order or I I I mchow after each delivery. Invoices dull idleas the purchase
order or purchase rebaoe ntumba aid the supply apinrses number if appEerbla. Invoices
shall be iwminad aid usomponrim charges, if my, 4Wl be listed upwotaly. A copy of this
bill of lding, and de fYetgha waybill when applicable, shaedd be attached to the involve. Meg
To: Aceoura Payable. City of Lubbod6 P. O. Box 2000. Lubbock Team 79437. Psyneta
Audi ins be der urul the above i animmsts ate sul missed dye deiivoy.
6 GRATUITIES. The Buyw may. by writhe notice to to SoAw, creel +his comma withoa
liability to Sugar If it Is dawdesd by Buyw drt p+tdtive, In the Poem e(mwnoirsssww. µRs
oroehoawiss, eaten aftrsd or given by the Sailor, or arty *gam or repaessima ive of dw Seller. w
orgy odlkw or eagbyw of dw City of Lubbock with a view to srcwI a comraot or securing
favorable treurntm with respect to door +wade/ or a adirnp or the rtekhg of try
deternlnrioa wide mpct to the performing of such a commaet. he die event Ibis cetmacl is
canceled by Buyer paswssar to dais pnvhkm. Buyr dheg be emieled is addition to try other
rights and ramedlm, to recover or witllold the smears of to chat incurred by Seller in
prpvidial rip tptad w-
7. SPECIAL TOOLS A TEST EQUIPMENT. If thou pdo Bard onIke 6ce haaof inchtda es
cog of try geeirl toot" or opwirl ten egw}pmws febricred or m*dred by Seller Tar the
purpose of OBkg this ordse, such special wolbg equipnem rot try pmcm sheer; mfeed
alinvie shall be, the property of dw Buyer aril in the exam kuible WWI be identified by
the sense m such.
g. WARRANTY -PRICK.
a. The pain to be paid by ohs Buyer shall be that "mad in Shcor'i kid which 9el1or
warrarw to be as highw those Seller's cunem process an ad. I by ethers for produces of the
kind aid spset"Ime cove by doll egnanmt for sinner quantities uodw sl nilw of like
cordidasar rd rrsltods of PAdM as. In de seem Sally beer. dodo wrmisty, to pskw of
to items shag be reduced in the %NWs cu(era prices on adores by oduss, or in the
alternative. Buyer irry caned the contract withma liability to Seller fur breach w Shcw'o
snud uprtes. I. The Soft woerame dint out, person or selling agency has best employed or
reuimsd to solich or seem d s , o c upon at som mm or uodwftading for arsmisriaa.
Montag- brakers,8% or condropm Art excepting holm lido empio n of ban lido
e Loblished core nuirvial or selling agencies nuLusirad by the Seller for the p rpor of securing
business. For brveco of viaiodim of thin warmly the Buyer dell have dw right in addition to
any other ritebt of rights to esexwl this contract wilow liability and to dedxl fare to canoseay
Price, or otherwise recover withootd EsbiEty and to dedim five der vesnrsa prior, or othawin
rewvw de fill astonars of mwk wsosission. PKCWV+gR bnknroge or comiegvet Ibn.
9, WARRANTY-FRODUCT, Sunr shag not limit orexcl de my ' IIIetd wwraretea and ray
stwnyt to do so Shen rendw this cam om void" a On opdw of the Buysr. Shcsr iv
thus ohe good* M1smslad will emflaw a the speciRvetrt do vok and dsr, ijsioo Heist In
the hid inviwimb and in the sample(s) Molded by the 3alhsr. Katy. Is the as of a wnfiln
or beh"m der specifynsims. drawing, acid dsrrilidinw the opecificalom dill gavem
Notwiebwndkg any powhirr wrsained in da cansacmarl apemen. On Seiler mpmssms
and womrrets (Milt-Rse paefaenoaosn mid f awk-Rea reauR in door prareaiag date ad der nlatsd
data Ihscbsd4 porn sect timiad as cokubft computing and uqumcingj of all hardt-am
software rot Ibmwara pmduys delivered rot scrim provided urdw ikds Connell
Imdividsaltyr or In caaskkeaiom an the can ney be from the effwtiw din of this Coronet.
The obEgatiar venehotsd he she apply is prdmct t and swvipu paovidad by dw Saga. lie rs►
Seller or any d" party inwlved India cretin+ or drrslopnao of the products and ewvkm to
be deRvemd to the City of Lubbock tuhder, this Contract. Faihae to campy with my of the
ablipaioa caaaked harrsik say result Is the City of Lubbwk avoiding itsalf of try of its
rights under the law and under this Casrsct including, but rat bier" No. Its right prwmig t0
Innrrwim r dgfm& Tbi warimies contained basis m uporm and dirge have aty
seuw wammlea spwdw IN mile Cmmaet and sit not stdtod to nay dhclaimor at warnmy.
impflod or aspmhaed, or lisrsrim of de Seller's liability which my be speciAad In 1oh
Cmmncs, is appmsdiove, its ncbndales, its amxes or wry 40CLM ve iaarprrd IN this
Camas by efin
I0. SAFETY WARRANTY. Seller warms that de product old in ibs Buyer tltsB conform is
ohs imadads pranged by Ile U. S. Deprnmms of Labw usdw the Owupsdond Selho y ad
I lealde Ant of 1970. in de evave dw pvodaa does mat cwhrm to OSHA imedrds. Buyer my
nAun day poodut (or coorietias or rePIenmve At the 5~1 exPrea. 10 the eves Star
fals to make the appropim correction within a resionUa tiros, correction rude by Buyer
win be at the SrBer's tspwaro.
11. NO WARRANTY BY BUYER AGAINST PORINGEMkNT7. Ace part dthiscaont for
tale Seller as"" a "lease whadr Posts nwnfatad in wcrmrI , wide the
spsceBcatiom stweld a Ikis agrvemod will ghs trial to the H&W +him of my third palm
by way of inlltmpm w of the like. Buyer makes no warfamy that the production of goods
aceonlins o Ow epeciikatias will not give rare to such a claim. and in use went dull 8"W he
liable to Seller for indemnification in the event that Seller is wad an the grounds of
inf ingoner o(Wa like. If Seller is of the upinimm that as ie intµntatt or the like will aril.
he will ratify the Buyer to this effect in writing within two weeks after the sipting of this
agreatumt. If Buyer don not receive notice +tad is wb,egu mly held li" for the
tnfringanar or the like, Seller will save Buyer harmless. If Selter in good faith mcnsims the
produrtim of the gouda is accotdeme, with the specifications will result in infiings.tem or dw
like, the contract shall be null and void
12 RiGHT OF INSPECTION. Buyer shall have dot right to impact the goods a delivery before
accepting them.
13, CANCELLAf1ON. Buyw shaft have the rink to cancel fa defeA eft orany part of the
uedelivued ponkM of M Wdr if Sdbr Brea" ray of Ibs terms losaofIncluding warrarsles
of Seller or if the 3elkr hewn he inaoivem or commit* scat of hrdutgtep. Such right of
eancelhaim is in aidition to and not in lieu of try other rensedia which Ba)w may have in
taw or equity.
14. TERMINATION. The porfam—ace of work under ikle order may be tmminrd In whole, or in
part by the Buyer in aa-aderoe with this provision. Terninuiont of work Isrs ndar shall be
effected by dw delivery of the Seller of a "Notice of Termmaeion" specifying the axeemt to
which perPormrma of work under the order is Leah vied and an dew upset which such
termination hecaeoas effwtiw. Such HgM or tamiation to in addition to and not let Iku *(the
tights of Buyw sun forth in Clara* 13. hemi
19. FORCE MAJEURE Neshr party dell be held mponmble for iomsa, nsukig if de
fulfilhi sm of arty un. of prorisiaea of tNs sxuseact is mblayad err prerered by arty curse nos
within the conpol of ohe perry whosepalbrmsns is inmAnad with, and which by the exercise
of snsambh dilitpm sad Italy is a 6b to prorwom
I& ASSIGNMENT -DELEGATION. No right or mend is this contract altall be usigaed or
ddapiim of any ebilymha rdr by Seder withaa this wdsm permis" ed the Buyer. Any
anempwd tow, ar or deleptien by Sella shall be wholly void and totally inelFactim for all
purpose unless mrdr in coxi bmity with this par i - I'
17. WAIVER No claim orright rising asof a bmab otdieconuoo cars he dlaehrpd is whop
or In tarn by a wsieer or rmtarsiatioa of this claim or right urA m the waiver or renateiatim a
supported byeomidaration and is in writing roped by the agpiavad peaty.
IS. INTERPRETATION-FAROLE EVIDENCE. This wrkb% phis ray specifications for bids and
perfwmtwwa pmovWW by Bayw is its advert semad for bid% and any char documents
prwidmd by Swim as pet of his bid Is Imendd by the parties an a Rol exprmaima of their
agreamsm ard indnodoI Ana a eentplem ad exchsive automation of the aersrr of t>ek
ag earmm. Who"W a rein do by the Uniform Cmasacial Coda is used he ibis
atpecoeal, the definition coo m iimad is the Code is tonnard.
19. APPLICABLE LAW. Thin agateommmot shell be govaned by the Uniform Coxma rckd Code.
Where sew the win "Umfrve Commmweial Code" is used, it stall be eanwnard as manning dw
Uniform Coomaciel Code as adopted is the Sus of Team se effective and is foew on the
data of thole agreenwiL
21L RIGHT TO ASSURANCE. Wb*nsvw oat party to this contract in got !silo has mason o0
qu*niaa the othw parry's btaro to PRIX he may deshha I that On other pity gin written
uuranve of his intern w Pura ms In the sward that a demad Is nude and no saaursece Is
given witots fha (3) den the dsmarhdiAg pasty mey no this fsilme se an amicip.sasyr
npnndWion of the ermines
21. INDEMNIFICATION. Salbr shall is I ify, keep rot saw hstnmlem the Buyer, its sputa,
afRcida and co ployees. span all bi xkm deaths. Ian, dimsagaa ckthom, pagers cidbaa, weir,
IiabRitiso, judpamm, ward ealwsw. which many in an"Ime soma against der Buyer In
oosmquseve of der grassing of this Caam= or which my any I result 6esflmm0. wheoker
or not it shell be alleged or dssannbrd tea the act sum co red through eeglipma or arch' ion
of the Sa0sr or its esmItloyeas r of ohe m63sRr r arerigaw r its emipkoyeest if try. send the
Senor then. so hie tea expame, appose. di find nil pay ell thi r" of amaseys and all core
and odhow expanm anoint tkerdinm of incurred In connection the swirl, tad, if my jdgnnarm
shell be easstld apisg de Buyer a arty inch acllau eke 9allr abaft a Ise own eapansas
sstefy and diseherp the same Seale eapsswly uidersernde and agree thus say bated raquind
by due wnvem or -1 Ise prsvidd by Sear, duff in m way Bait the tmporui fifty no
irdemati fy, keep and eve butsbm and defend the Buyer what provided
ZL TIME. R is huvby eapessly apmi and understood this firm i Is of the anemic+ for the
perfasmsmoa of ails contrast. and Mum by co arm to now the him spedficatiaa of ibis
stpesmnal wig came Sellw in be in dt0 1 of this grsamea
13. MBE. The City of Lubbock booby notha all bidders rha in regard to any worm anwsed
Imo pusuad to this m*wt, asininity and woman business mwrpriess will be afforded ttgwd
oppwttsedda to submit bids in mtpmse as this inviusion and will no be discrmm pawl spitut
an the pounds of rocs. color, sum or nrmmal oron in consideaion Pow an awed
24. NON -ARBITRATION. Tie City renews doe d* to exercise try right or randy eved" to
it by law. casrom equity. or odmvise. krhediag wishm a limiusims, the right to seek try snd
all Pone of r@W In a court of comyesvea Oiso ietian. Furthr, do City shah nor be sullom to
try arbitration process laity to na cishg IN outwom eud right to seek judicial rwmdy. The
mrnrdlsr set Poer6 bent+ w cnmrilarira add ore estoraiv+ oat eery lee cestelow caraew I*
To dos alive of wry wnRia b own dais Itttsvisis a and aeilssr provisions m, or related In. nhla
doetsnveL dole pnvbim J I "
23. RIGHT TO AUDIT. At eery line during to tam of de ooeh(met of d eamRw, the City, or a
daily mdmrind audit repsunadve of an City or Ile Soma of tru& at is citps rM red a
reaeonabh lines, rasrvos to right to edit Contractor's records rot books rrke sea to all
swvkos pmvldd to the City WAN dhow Contract. to the event suck a ado by Ito Choy mev rah
my error@ or ovarpryntoo by the City. Cumirmw d aE rafted the City the full arxtte i of
nick ovrpsyenoees within thirty 130) thys WmA audit flivilw4p, or Iles Cqy, a its ttywhee.
sswvr She right b dadnpt sib aaserrra owing t4 City fuse asy pyaar,ia Jutl-amractow
Rev. 02 2012