HomeMy WebLinkAboutResolution - 2012-R0228 - PO - Massey Irrigation Inc.- Center Pivot Replacement - 05_30_2012Resolution No. 2012-RO228
May 30, 2012
Item No, 5.29
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
Center Pivot replacement as per ITB 12-10661-CI / PO 23101523, by and between the
City of Lubbock and Massey Irrigation, Incorporated of Lubbock, 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.
by the City Council on May 30 2012.
AIR SO , MAYOR
TTEST:
RebecNa Garza, City Secretary
VED AS TO C
y
Scott Snider, Assistant vCity Manager
VED AS TO FORM:
Weaver, Assistant City Attorney
Uniform Facsimile ftnetwe of Puwlc
Officials Act, Ch. 618, Tx Gov't Code
iocs/Chad/Resolutions/RES.PO-Massey Irrigation, Inc.
7, 2012
4 city of
lubbock
PURCHASE ORDER
TO: MASSEY IRRIGATION INC
4611 IDALOU RD
LUBBOCK Texas 79403
INVOICE TO: CITY OF LU8SOCK
ACCOUNTS PAYABLE
P.O. BOX 20M
LUBBOCK. TX 74457
Ordered 05/07/2012
Requested 06/29/2012
Freight
Taken By
Delivery PER TREVINO_M REQ 39116 ,
DescriDtion/SUDolier Item
1,595' Pivot Irrigation System
1,592' Pivot Irrigation System
1,287' Pivot Irrigation System
1,187' Pivot Irrigation System
1,185' Pivot Irrigation System
1,261' Pivot Irrigation System
Terms NET 10 DAYS
Page - I
Date - 05/ 14/2012
Order Number 23101523 000 OP
Branch/Plant 231
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
PER ITB 12-10661-CI
Ordered
Unit Cost _UM
1.000
82,492.7200
EA
1.000
82,492.7200
EA
1.000
65,573.6000
EA
1.000
63,020,1600
EA
1.000
62,834.0000
EA
1.000
65,088.3000
EA
lNSUKAALL', LLK I It ILA 1 C. KLVU IKr.0 MIUM 1 u rKuv IutmLs nruty ILL:
C ISAACS
Extension
Request Date
82,492.72
06/29/2012
82,492.72
06/29/2012
65,573.60
06/29/2012
63,020.16
06/29/2012
62,834.00
06/29/2012
65,088.30
06/29/2012
Total Order
General Liability -Commercial General Liability, - $1.000,000 I Workers Compensation - Statutory Amounts
Automotive! Liability - $500,000
•Combined Single Limit
*Any Auto
421,501.50
The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis, to include Products of
Completed Operations endorsement, with a Waiver of Subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of
Insurance shall reference the project name for which the insurance is being supplied. The Contractor will provide copies of the policies without
expense to the City and all endorsements thereto.
This purchase order encumbers funds in the amount of S421,501.50, for the purchase of pivot irrigation systems awarded on
May 30, 2012 to Massey Irrigation of Lubbock, Texas in accordance with Massey Irrigation's response to ITB# 12-10661-CI.
The following is incorporated into and made part of this purchase order by reference: Bid Submitted by your firm in response
to City of Lubboc 1 # 12-1066 1.
Resolutionft 2012—RO228
CITY OF ATTEST.
A 0 .10 C - "91<-
Glen R&M
AM6160 SlWatm Of Public RebecckGarza, City Secretary
TERMS AND CONDITIONS
IMPORTAN'r; 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 Maid
commercial practice. Each shipping container shall be clearly and parttanerrdy 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. Ic) Container number
and told number of containers, a.& box I of 4 boxes, and (d) the number of the container
beanertg the packing dip. Seller shall haw cost of packaging micas otherwise provided. Goods
shall be suitably packed to secure lower transportation costs and to conform with requirements
of common carivas and any applicable specifications. Buyer's count or weight shall he final
and conclusive on,hip nests not accompanied by packing lists
2. SIIiPMENT UNDER RESERVAriON PROHIBITED. Seller is not authorized to ship the
goads under reservation and no tender of a hill of lading will operate as a tender of goods,
). TITLE AND RISK OF LOSS, ale lisle ad risk of loss of the gouda shall not pass to Buyer
until Buyer actually receives and takes possession of the goads as the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every trader of delivery of goods must
fully comply with all provision of thin conhect ss to time of delivery, quality and the like, If ■
tender is made which does not fully confer, "a shall coesiltu a breech and Seller shall not
have the right to subuiluis a conforming raider, prmided, where the done for performance has
not yes expired. the Seller may ressonaably notify Buyer of his intention to cure and may then
make a conf min I tender within the contract time but not afterward.
5. INVOICES A PAYMENTS. a. Seller sham submit separate invoices, in dupkine, oar each
pu cl order or purchase rakaae after each delivery. Invoice %hull Indicate the purchase
order or purchase release number and the supply agreassm number if applicable. Invoices
%hull be itemized and trusupotratim L:bw^ if any, shall be listed seprately. A copy of the
bill of tiding, and the freight waybill when applicable, should be uachaf to the invoice. Mail
To; Accounts Payable, City of Lubbock P. O. Bess 2000. Lubbock Texas 79457. Payment
shall am be duo until the above insrrummij are submitted after delivery.
6. GRATUITIES. The Buyer may. by written notice to the Seller, concrJ this contrct without
liabiliy to Seller if it is ddermi nod by Buyer that gretunica, in the Pomp of entartainmem gifts
or otherwise, was affixed or given by the Seller, or any agent or represena h'S of the Seller, to
any officer or employee of the City of Lubbock with a view to securing a contract or securing
favorable ummrent with respect to the awarding or mending, or the making of any
determination with ..sped to the pof x.. rig of such a aanracL In the event this contract rs
canceled by Buyer pursuant to this provision, Buyer sham be guided, in addition to any other
rights and tee ci ies. to recover or withhold the amount of to coat incurred by Seller in
providing inch gntultia.
7. SPMAL TOOLS A TEST L'QUIPMENT. If the price suted on the lice hereof includes the
crow of any spacial tooling or special tot egdpe am fabricated or required by Seller for the
purpose of filling this order, such specW tattling equipment and any process shteets related
thereo shall becono the property of the Buyer and to the extent feasible shall be idattifrd by
the Sella as pith,
g. WARRANTY -PRICE.
a, The On to he paid by the Buyer shall be that contained in Sehlor"s bid which Seller
warrants to be no higher than Seller's current process on orders by others for products of tls
kind and specifcatioo covered by this agreement for simile qualities under similar of like
Conditions and nethoda of purchase. In the event Seller bmch n ode warranty. the prior of
the items stem be reduced to to Sellars current prise on -den by othom or in that
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actual expenmeL It. The Soner warrrus that no person or selling agency has been employed or
retained to solicit or %pure this contract upon on agreement or understanding for commission.
percentage. brokerage, or contingent eke excepting bee ftdo oenployeee of bona fide
established cosrarcial or selling agencies mia ntrined by the Sella for ono purpose of maturing
business. For breach of vieirioes of thin warnaty the Buyer shall hew the righa in addition to
any Delta tight of rights to anal this contract without liability and to dedsact from the contact
price, or otherwise recover Without liability and to deduct from be contract prig, or otherwise
recover the lull son oat of such comminiam. percentage. brokerage or c-minpm fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties sad any
attempt to do so sham miles this contract voulable at the option of the Buyer. Sella wnrtanu
that the goods Banished will conform to the specification, drawings, and descriptions listed in
the bid invitati es, and to the semple(q fttiished by the Seller, if say. in the events of s conflict
or ietween the speciflcstioa, drawings, and description, the specification shall govern
Notwithaendheg any provisions conlsised In the contractual agreement. an Seller represents
and warrants faun -live performance tad fl a i-fret result on the processing dens and die related
data (including, hit not limited to cinkuWinp comparing s d sequencing) of ale hudwers.
software and firmware produces delivered and serrhaa provided under this Cantra t.
indlvidwly or in combination, se the can easy be from the effective due of thin Contract,
The obligation conuinad herein apply to products and services provided by the Seller, its sub -
Seller or any third party involved in the ereetion or developmwa of the products end services to
be delivered to the City of Lubbock under this Contract. Failure to comply with my of the
obmguion contained haste, may result in that City of Lubbock availing itself of wry of its
rights under the law and under thus Contact including, but not IWW to, its eight palming to
tenninairn or default, The warrsmilm contained herein on sepeae and discrete lion any
other waermeies specified in fix Contract. and we not subject to may disclaimer of wrrtmy,
implied or expressed, or lionitaioo of the Seller's liability which miry be specified! in this
Conarea its appendices, its mchedulu, its annexes or any dociamem ampersand in this
Contract by referamce.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Depammm of Labor under the Occupational Safety and
I teallb Ad of 1970, In the event the produu does not conform to OSIIA surdrds, Buyer may
return the product for conviction or replacemnt m the Seller's expose. to the evert Seller
fails to make the appropriate correction within a reasonable tine, correction made by Buyer
will be at then Seller's tip .
t 1. NO WARRANTY BY BUYER AGAINST INFRINGEMLNTS. As part of this contract for
salt Sella agrees to rcertain whether goads manufactured in accordance with the
gxcifleation attached a this agreemer will give rise to the rightful claim ol any third pose
by wsy of infringement of the like. Buyer makes no warranty that the production of goode
according to the specification will not give rise to such it claim and in no corm shall Buyer be
liable to Seller for indemnification in the event thu Seller is sued an the grounds of
ieftingement of the like. If Seller is of the opinion that an mfringearrerd or the like will result.
he wig notiljr die Buyer to this effect in writing within two weeks after the signing of this
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringement or the like, Seller will save Buyer harmless. If Seiler in good faith ascertains the
pntdownn of the goods in accordance with the specification will result in infiingernotnt or the
tile, the contract shall be null and sold.
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at demvay before
accepting them
13. CANCELLATION Buyer shall have the right to cancel for default all or any part of the
mdelivtted ponion of thim order if Seller breeches any of the teens hereof including warranties
of Seller or if die Seller becomes inaolvent or commits acts of bonkrupscy. Sov;It right of
cancellations is In addition to and not in Name of any odor remedies which Buyer may have in
taw or equity.
14. TERMINATION. The performance of work under this order may be terminated in wbotia, or in
pat by the Buyer In accordance with We provision. Tamiatim of work heresnuder shall be
effected by the delivery of the Seller of a 'Notice of Taistinuen" specifying the extent to
which performance of wort under the order is terminated and the date upon which much
tetminuiorr becomes effective, Such right or trmonatioo is in addition to aril not in lieu of the
rights of Buyer set forth in Listen 1). hereie
15. FORCE MANURE. Neither party shell be held responsible for lopes, remking if the
f611111m nit of any terra of provisiau of" contract is delayed or prevented by my cause no
within the control *film pasty whose performance in interfered with, and which by the sound se
of reasonable diligence said party is unable to pmvenL
16. ASSIGNMENT -DELEGATION. No right at interest in this contract shall be assigned or
delegation of any obligation male by Seller without the written permisaim of des Buyer. Any
atrertgad assignment or delegation by Seger shall be wholly void ad dully ineffective foe all
purpose unless nails in confusedly with this pangrapd
17. WAIVER. No claim or right Maki; out of a branch of this contract can be dlsdmuged in whole
or in pan by a weiver or aaneiatien of the claim or right unions the waiver or renu W ion is
supported by consideration and Is in writing signed by this aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plea any spai leatieru for bids ad
puformosce provided by Buyer in is advatieernesn for bids, and any other documents
provided by Seller as pat of his bid is intended by the parties as a Mal expression of Oneb
agreement and intended oho a a complete and aclu6w sunamrat of the scone of their
agreement. Wherever a tam defined by the Unifasr Corrnrrcid Code is used in this
syrcement. the definition contained in the Code is to camel.
el.
19, APPLICABLE LAW. This agreetnem shell be governed by the Uniform Commercial cial Cade.
Whom ever the tern "Uniform Commercial Code" is wed, it shall be construed No meaning the
Uniform Commercial Code as adopted in the Stag of Texas as effective and W force on the
data of this agreationt.
20, RIGHT TO ASSURANCE. Whenever one party to the cottrau in good faith hat reason to
question the other patty's intent to perform he may demand the the other party give written
atowance of his intent to partners. In the event the a demand in mods end no assurance is
given within five (5) days, des demtanding party may "a this failure as an anticipatory
repudiation of the connaet.
21. INDEMNIFICATION. Seller shall Indemnify. keep and save harmlea the Buyer, its agents.
officials tad employees, against all injuries, deaths, lom damages, claim, patent claims. suits,
lisbil tim judgmists. carts and expenses, which may in "in scene against the Buyer in
consequence of use granting of this Contract or which may anywhs reads thnssthem, whether
or not it shall be alleged or determined that the act was caused through regligarce or omission
of the Seller or its anployea, or of the sub9eller or asaigmas or is amployam if army, and the
Seller shall, at his own expense, appose, defaced and pay all charges of monrys and all casts
end other expenses aiming thereftom of incurred in cannectao therewith, and, if any judw ti ml
dull be ventilated against to Buyer in any such actiae, the Seiler shall, a its own expanses,
mahfy and discharge the sane Seller expressly understands and awees that any bond requited
by thin contract. or otherwise provided by Seller, shall in no way liner the responsibility to
indemnify. keep end eve hurnteu and defend the Buyer" hm4n provided
22. TIME, it is hereby expressly agreed and understood that firm is of the essence for the
performance of this contract, and failure by contract to mar an tan rpaciffeatims of this
agreement will came Seller to be to &*A of thin agreement.
23, MBE. The City of Lubbock hereby ranilles all bidders dun in regard to any contract entered
into pursuant w thin request, minority ad women business enterprises will be afforded equal
opportunities to submit bith in response to this invitation and will no be dis aiii. Totaled 4pW&t
on the grounds of race, odor. in or neural origin In consideration for an award.
24. NON -ARBITRATION. The City messrves de right to exercise any right or tensely available to
it by law, coomsct, equity, or otherwise, including; without limitsekm, the right to seek ray and
all forma of relief in a coin o>f'oompetied jurisdiction. Further, the City shelf not be msbod to
my arbitration process prior to exercising its umegricted right to seek judicial remedy. The
remedies rat firth hereon ore cumulative and not excktslve, and may be ond cawetareaWyr,
To the exlcnt of sty conBkt betwem this provision and mother provision in. or elated to, No
docurdrnt. this provision shall wnteoL
25, RIGIIT TO AUD(T. At any tunic during the term of the conned, or theanfler, is Coy. or a
duly suth-ixvd audit nepannotva of the City or to Sue cif Team me its expense and as
reason" times, reserves dos right to audit C-utactds records and books relevant to all
services provided to the City under due Contract. to de cram math an audit by the City reveals
any eras or overpayments by the City, Contractor shay refund don City the full anumm of
much ovrpsymmu within thirty 120) days of nth audit fidingn, or the City. at its mMion.
muna the right to deduct such anexats owing the City film any payments due Contractor.
Rev. 02/2012