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HomeMy WebLinkAboutResolution - 2012-R0246 - PO - Lubbock Electric Company - Emergency Reapirs To Pump Station - 06_21_2012Resolution No. 2012—RO246 June 21, 2012 Item No. 5.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the acts of the Mayor of the City of Lubbock and the City Manager in executing, on behalf of the City of Lubbock, a Purchase Order for the repairs to Pump Station 2 as per Purchase Order No. 23101577 due to an emergency, by and between the City of Lubbock and Lubbock Electric Company, and related documents are hereby ratified in full. 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 June 21, 2012 01 GLEN V• C i O' ATTEST: - Alloarl---K— Rebe ca Garza, City Secr tai APPROVED AS TO CONTENT: Marsha Reed, E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Lubbock Electric-PurchaseOrd Ratification June 6, 2012 lubb6'c'k TEXAS TO: PURCHASE ORDER LUBBOCK ELECTRIC COMPANY 1108 34TH STREET LU13BOCK Texas 79411 2731 SHIP TO: Page - 1 Date - 06/07/2012 Order Number 23101577 000 OP CITY OF LUBBOCK WATER RECLAMATION PLANT 3603 GUAVA AVENUE LUBBOCK Texas 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 N LUBBOCK, TX 79457 BY: Marta lvarez, Director of Pu acing & Contract Management Ordered 06/06/2012 Freight Requested 06/21/2012 Taken By D GAMBOA Delivery PER MCAB.THY C REQ 39830 EMERGENCY PURCHASE Deseription/Supplier Item Ordered Unit Cost UM Extension Request Date Repairs of 300 HP motor 1.000 56,154.5600 EA 56,154.56 06/21/2012 at Pump Sation ## 2 Terms NET 10 EOM Total Order — 56,154.56 This purchase nrd, ratifies an emergency purchase in the amount of $56, 154.56 is awarded to Lubbock Electric Company. The following is incorporated into and made part of this purchase order on June 21, 2012 by reference: Price quotation number 340445, dated May 24, 2012 from Lubbock Electric Company, Lubbock, Texas. Resolution # 2012—RO246 CITY OF LUBBOCK: -"I- //,/// — Glen C. ]Robell ert n, NfeayTr ATTEST: P ^ n"I - e. `)� Rebecc Garza, City Sec ary 0 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 commercia► practice. Each shipping contaim shall 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, (c) Container number and total number of containers, e.g. box 1 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 oranspo tatim costs and to conform with requirements of cotimmr 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. Seiler 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. TIME AND RiSK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer unfit 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 of" contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall consulate a breach and Seller shall not have the right to substitute a conforming tender. provided, where the time far performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contact time but not afterward 5. INVOICES & PAYMENTS. a 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 bill of lading, and the Height 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 ate submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller. cancel this contract without liability to Seiler if it is determined by Buyer that granti ies, in the form of entertairmicM gifts or otherwise. were olTi ved 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 mceting a contact or securing favorable treatment with respect to the awarding or amending, or the making of arty determinations with respect to the performing of such a contract. In the event this contact 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 the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. if the price stated on the face hereof includes the cost of any special tooling or special rest equipment fabricated or required by Seller fox the purpose of filling this order, such special tooling equipment and any process sheets related thereto shaft became 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 Sellers 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 agreement fox similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contact upon an agreement or understanding for commission, percentage, brokerage. or contingent fee excepting Iona fide employees of bona fide established commercial or selling agencies maintained by the Setter for the purpose of securing boumess, For breach of vitiation of this warranty die 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 pries, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage. brokerage or contingent fxc. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall tender this contact voidable at the option of the Buyer. Seiler warrants that the goods furnished will conform to the specification, drawings, and descrptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications. drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contactual agreement. the Seller represents and warrants fault -free performance and fault -free result in the processing take and dace related data (including, but not limited to calculating, comparing and sN errcmg) of all hardware, software and firmware products delivered and services provided tinder this Contract, individually or in combination. as the case may be from the effective date of this Contract Also, the Sella warrants the yeat2(100 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 requite the Seller, at any time; to demonstrate the procedures it intends to follow in order to comply with all the obligations contained bereio. The obligations contained herein apply to products and services provided by the Seiler, its sub -Seller or any third party involved in the aeauen or development of the products and services to be delivered to the City of Lubbock under this Contact 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 Contact including. but red limited to, its right pertaining to termination or default The warranties contained herein are separate and discrete from any other warranties specified in this Contract and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract its appendices, its schedules. its annexes or any document incorporated In this Contact by reference. 10. SAFETY WARRANTY. Seiler 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 does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. IL NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this, contract for sale Setter agrees to ascertain whether goads manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer 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 liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. if Sella is of the opinion that an infringement or the like will result, be will notify the Buyer to this effbet in writing within two weeks afkcr the signing of this agreement If Buyer does not receive notice and is subsequently held liable for the hnf Blume at or the 67te. Seller wit] save Buyer harmless. If Sella in good faith ascertains the production of the goats in accordance with the specifications will result in irfrmgo:ment or the like, the contract shall be null and void 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting theta. 13. CANCELLATION. Buyer shag have the right to cancel for default all or any part of the undelivered portion of this order if Seiler breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of wok under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extern to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or terminatitm is in addition to and not in lieu of the rights of Buyer set fork in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, 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 with4 and which by the exercise of reasonable diligeoce said party is unable to prevent I& ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Sella shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this contact can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seiler as pats of his bid, is Intended by the parties as a final expression of their agreement and intended also as a complete and exclitslve statement of the terms of their agreement Whenever a term defined by the Uniform Commercial Code is used in this agreement, the defmitien contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contact in good faith has reason to question the other party`s intent to perform he may demand drat the other parry give wrinan assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days. the demanding party may treat this failure as an anticipatory repudiation of the contract 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agent,. officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits. liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of tltn granting of this Contact 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 its employees, or of the sub5eller or assignee or its employees, if any. and the Seiler shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and. if any jed8uicnt shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seiler expressly understands and agrees that any band required by this contract. or otherwise provided by Sella, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provident 22. TIME. It is hereby expressly agreed and understood that time is of the essence for de performance of this contract and failure by contract to meet the time specifications, of this agreement will cause Sella to be in default of this agreement 23- MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant 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 discriminated against on the gramds of race. color, sex or natural origin in consideration for an award 24. ARBITRATION. The City reserves the right to exercise any right or remedy to it by law. contact equity, or otherwise, including without limitation, the right to seek any and all fonris of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted tight to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised couctmenhly. To the extent of any conflict between this provision and another provision in, or related to. this document this provision shall control. Rev. 02/2012