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HomeMy WebLinkAboutResolution - 2007-R0345 - PO - G&C Contracting - Belly Dump Interior Lining And Coating - 07_26_2007Resolution No. 2007—RO345 July 26, 2007 Item No. 5.31 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 a Purchase Order Contract and any associated documents with G&C Contracting of Levelland, Texas, for purchase of a belly dump interior lining and coating per BID 07- 055-MA, which Purchase Order Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. by the City Council this 26rh day of July , 2007. DAVID A. MILLER, MAYOR b ATTEST: CD a"e-a� '-5-�(- - Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Iss Yearw d ant City Manager/Chief Information Officer APPROVED AS TO FORM: , D6 n Vandiv r, omey of ounsel D Dres/G&Ccontrac t i n g1`0con07 Rcs July 18, 2007 CITY OF LUBBOCK TO: PURCHASE ORDER G & C CONTRACTING CO INC PO BOX 1241 LEVELLAND TX 79336 SHIP TO: Page - 1 Date - 7/16/07 Order No. - 314474 000 OP Brn/Plt - 3511 CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE J P.O. BOX 2400 LUBBOCK, TX 79457 BY• Vt --------------------------------------------------------------------------- Ordered - 07/16/07 Freight - FOB Destination Frt Prepaid Requested - 08/10/07 Taken By - MARTA ALVAREZ Delivery - BID 07-055-MA ------------------------------------------------------------------------------ Description / Supplier Ite ............................ Belly Dump Interior Lining and Coating Spec T-58 Ordered UM 4.000 EA Unit Cost UM Extension 3,200.0000 EA 12,800.00 Req. Dt 08/10/07 This purchase order encumbers funds in the amount of $ [2,800 for the purchase of interior lining and coating for belly dump trailers awarded to G & C Contracting Co. Inc. of Levelland, Texas on July 26, 2007, in accordance with your response to BID 7-055-MA. The following is incorporated into and made part of this purchase order by reference: Bid submitted by your firth including the Bid Form, Specifications, and General Conditions of 131D 07-055-MA. Resolution# 200 /—RO345 . CITY OF LUBBO David A. Mille , Mayor ATTEST: RebeccA Garza, City Secretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 12,800.00 Approv9d as to form- Ctty Attorney TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Bttytlsr agree as follows: 1, SELLER TO PACKAGE GOODS. Seller will package goads in accordance with good commercial practice. Each shipping container shall be clearly and perranently marked its follows (a) Seller's romp mild addma , (b) Consignee's name, address and pntchac order or purchase relemee number and the supply agreement number if applicable, (c) Container number and total number if containers, e.g. box 1 of 4 Ioxe&, and (d) the number of the container bearing the packing dip. Seller shall beer soar of packaging unless otherwise provided. Goods dull be suitably packed to secure lowest transportation costs and to conform with requirements of Common Carriers and any applicable specifications. Buya's count or weight shall be final and conclusive an shipments not accompanied by packing list&. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller it not authorized to ship the goods under reservation and no tender of a bill of lading will operate a a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods dill not pass to Buyer until Buyer actually receives and rakes 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 this contiva sa to time of dcdivery, quality and the like. Its tender is made which does not fully conform, this shall cotaeitule a breach and Seller shell not have the right to substitute a conforming tender, provided, where the time for performance his not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but me afterward. 5. INVOICES & PAYMENTS. a, Seller dell submit separate invoices, in duplicate, acts each purchase order or purchase release after each delivery. invoices dull indicate the purchase order or purchase release number and the supply agreema t number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, aid the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P.O. Box 20W, Lubbock Texas 79457. Payment shall mat be due until the above instruments are submitted after delivery. 6. GRATUTCfES, The Buyer may, by written notice to the Sella, cancel this oomirect without liability to Seller if it is defemtined by Buyer that gratuities, in the form of entertainment, gift or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer a employes of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to tie aw siding or arhending, err the making of any datemrinatioea with respect to the perforating of such a contract. In the evea this energizer is canceled by Buyer pureu a n 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 do TEST EQUIPMENT. If tau price stated an the face hereof includes the cap of any special tooling or special neat equipment fabricated or required by Sella for the purpose of filling this order, much special tooling equipment and any process shorts related thereto shall become the property of the Buyer and to the extent feasible doll be identified by the Seller ns such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be dot contained in Seller's 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 due agreement for 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't current prim on orders by others, or in the alternative. Buyer may cancel this conttmcn without liability to Seller for breach or Seller's mensal expense. b. TU Seller warrants that no person or selling agency has been ahgtloyed or retained to solicit or secure this contract upon an of rumen or understanding for commiselon, paarhtage, brokerage, or contingent fix excepting bona fide employees of boa fide established commercial or Belling agencies nstintained by the Seller for the purpose of securing business. Fir breach of vicistion of dais warranty the Buyer shall have the right in addition to any other right of rights to cancel this eoatrza without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover der full amount of such coimaission, percentage, brokerage or contingent fee, 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any ertempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will confirm to the specification, drawings, and descriptions listed in the bid invitation, mad to the samples) furnished by the Seller, if any. in the ewmt of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement. the Seller represents and warrants faah-free performance maul fault -free result in the processing date and date related date (including, but not limited to calculabn& competing and sequencing) of all hardware, software and fmmwBre products delivered and savhcem provided under this Contract, individually or in comibinsticn, u to cane may be tram the effective date of this Contact. Also, the Seller warrants the year2OW calculations will be recognimd and aceonginodated mad will not, in anyway, result in hardware, software or firmware failure. The City of Lubbock at its sole option. may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligmiam contained herein. The obligations cwhtaincd herein apply to products and services provided by the Seller, its sub -Seiler or any third poly involved in the creation or development of the products and services to be delivered to de City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, tray result in the City of L.abbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default, The warianties contained herein mre separate and discrete from any other warranties specified in ibis Contract, and are not subject to any disclaimer ofwarranty, 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 Contract by reference. 10. SAFETY WARRANTY. Seller warrants tint the product sold to the Buyer "I conform to the standards promulgated by the U. S. Deparuntnt of Labor under the Occupstional Safety and Heol►h Act of 1970. In the event the product does not conform to OSHA Handards, Buyer may return the product for careetion or replacement at the Sellers expense, in the event Seller fails to nuke the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller'& expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods 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, tad in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the prounds of imfringaggen of the like. If Saller is of the opinion that an infringement or the like will result, he will notify the Buyer to ibis effect in writing within two weeks after the signing of this agreement. If Buyer rues not receive notice and is subsequently held liable for ale infringement or the like, Seller will gave Buyer bvmleas. If Seller in good faith sacertaim the production of the goads in accordismew with the specifications will result in infringement or the like, the consumer shall be null nerd void. 12. RIGHT OF INSPECTION, Buyer shall have the right to inspect the goods at delivery before accepting than. 13. CANCELLATION. Buyer dull have the right to camel for default all or any part of the undeiiverod portion of this order if Seller breaches any of the reins hereof including warranties of Seller or i£the Seller becomes insolvent or commits acts of bankruptcy, Such right of carcelhation is in addition to and not in lieu of any other remedies which Buyer nay have in taw or equity. 14. TERMINATION, Tic performance of work under this order may be terminated in whale, at in pan by the Buyer in accordance with this provision. Termination of work haeunder shall be effected by the delivery of the Seller of s "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or temninsticth is in addition to and not in lieu of the rights of Buyer act forth in Clause 13, herein. 15. FORCE MAIEURE. Neither party shalt be held responsible for louea, resulting if the fulfillment of any gains of provisions of this contract is delayed or prevented by any cause mot within the control of the party whose performance is interfered with, and which by tie enacise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this count rod shall be assigned or delegation of any obligation made by Sella without she wriaan permission of the Buyer, Any attempted assignment or delegation by Sella shall ire wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17, WAIVER No citing or right arising out of a breech of this contract can be discharged in whole or in pat by a waiver or mmnci&tion of ale claim or right unless tb waiver or renunciation is supported by consideration and is in writing signed by ghe aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advatiaerrrart for bids, and any other documents provided by Seta as pan of his bid, is intended by the parties ae a final expression of their agrearo m and intended also a a complete and exclusive statement of the large of their agraanem. Whenever a gene defined by the Uniform Commercial Code is used in tle agreement, the defcutlon contained in the Code is to control. 19. APPLICABLE LAW. Thin spears int than be governed by tie Uniform Commercial Code. Where ever the remh "Uniform Corm acial Cc*" it used, it "It be construed an mearting the Uniform Corm iaci l Code as adopted in the Sipe of Texas a effective and in farm on the dote of this agreanunt. 20. RIGHT TO ASSURANCE. Wherever one party to this contract in good faith has reason to question the other party's intent to perform he any demand that the other party give written assurance of his 'intent to perform In the event taut a domed is in&& and no assurance is given within five (5) days, the demanding puny may trot this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harouest the Buyer, its agents, officials; and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, corm and expenses, which rosy in anywise scale against to Buyer in consequence of the granting of this Contract 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 die Sella or its employees, or of tbe subSella or waignes or inn ariployeea, if any, and the Seller shall, at his own expense, appear, defend mid pay all charges of attorneys and all cops and other expenses &rising therefrom of inured in connection derewith. and, if sty judgmea shall be rendered against the Buyer in any such action, the Seller sball, st its own expenses, satisfy and discharge the some: Seller emprasly understands and agrees that any lead requir by this contract, or otherwise provided by Sella, dull in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer a herein provided. 22, T114E. it is hereby expressly agreed and understood that time it of the essence for the performance of this contract, and failure by contract to meat the time speeifrcaliow of this agrament will cause Seller to be in default of this agreement. 23. MBE. The City of Lubback hereby notifies all bidden that in regard to any contract entered into pureuam to this request, minority rend women business enterprises will be afforded egor,s opportunities to submit bids in response to this invitation and will not be discriminated sgaimm on the grounds of rsco, color, sex or natural origin in consideration for an award - Rev. 08I2.(.