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HomeMy WebLinkAboutResolution - 2007-R0356 - PO - Musco Sports Lighting LLC - Light Struccture For Youth Sports Complex - 08/09/2007Resolution No. 2007—RO356 August 9, 2007 Item No. 5.10 RESOLUTION LVED 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 Musco Sports Lighting, LLC, of Muscatine, Iowa, for a light structure for the Youth Sports Complex per Buy Board Contract 204-04, the Purchase Order Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 9th day of August , 2007. DAVID A. MILLER, MAYOR ATTEST: -Re ecca Ga a, City Secretary APPROVED AS TO CONT T: �ld VV) r Scott Snider Assistant City Manager/Community Services APPROVED AS TO FORM: 1 Van 'ver, Attorney f ounsel DDres/MuscoSportsLightPOcon47Res August 1, 2007 ` Y CITY OF LUBBOCK 1 1 / U R C H A S E ORDER To: Musco Sports Lighting, LLC PO Box 260 Muscatine IA 52761-0260 SHIP TO: Page - 1 Date - 7/31/07 Order No. - 315385 000 OP Brn/Plt - 3511 CITY OF LUBBOCK PARKS AND RECREATION 1010 9TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE i 'l P.O. BOX 2000 LUBBOCK. TX 79457 BY: -------------------------------------------------------�------------------- Ordered - 07/31/07 Freight - FOB Destination Frt Prepaid Requested - 09/28/07 Taken By - MARTA ALVAREZ Delivery - Texas Buy Board Contract 204-4 Revised Quote dated 7/13/07 -------------------------------------------------- --------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension ---------------------------- ----------- ------------- Musco's Light Structure for 1.000 EA 789,578.0000 EA 789,578.00 Youth Sports Complex INSURANCE REQUIREMENTS: Commerical General Liability - 100,000 General Aggregate Products-Corp/OP AGG Personal & Adv. Injury Automotive Liability - 200,000 Any Auto - Combined Single Limit Workers Compenstation - Statutory Amounts 500,000 Req. Dt 09/28/07 This purchase order encumbers funds in the amount of $789,578 awarded to Musco Sports Lighting, LLC of Muscatille, IA on August 9, 2007. The following are incorporated into and made part of this purchase order by reference: Price Quotation dated July 31,007 from Musco Sports Lighting, LLC and Texas Buy Board Contract 204-04. Resolution: 2007-10356 CITY OF LUBBO - ATTEST: 77/ David A. Miller, Mayor e ecca Gal4a, City Secretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 789,578.00 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 ommerrial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name end address, (b) Consignee's name, address end purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers. e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided Gods shall be suitably packed to secure lowest transportation costs 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 operate as a tender of goods. 3. TITLE AND RiSK OF LOSS. The title and risk of loss of the goods shalt not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or point of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this corm ict as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then remake a conforming tender within the contract 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 mlease 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 freight waybill when applicable, should he 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 are submitted after delivery, f . 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 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 securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer snail 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 test equipment fabricated or required by Seller for the purpose of felling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shell be identified by the Seller as such. S. 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 than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. in the event Seller breeches this warranty, the prices of the items shall he reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may carteel this contract without Iiabitiry to Seller for breach or Seller's actual expense. In. The Seller warrants that no person or selling agency has peen employed or retained to solicit or saute this contract upon an agreement or understanding forcommission_ percentage, brokerage, or contingent ice excepting bore fide employees of bona fide established commercial or selling agencies maintained by the Seiler for the purpose of securing business. For breach of viciauon of this warranty the 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 price, or otherwise recover without I iabiliry and to deduct from the contract price, m Otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do m shall Tender 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) furnished by the Seiler, if any. In the event of a conflict OF between the specifications, drawings, i al descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreerkmt. the Seiler represents and warrants fault -free performance and faun -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and f rmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Seller warrants the year2000 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 Seller, 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 Seiler, its sub -Seller or any third party involved in the creation or development of die products and services to be delivered to the City of Lubbock under this Contract. 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 Contract including, but not 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 arc not subject to any disclaimer of warranty, implied err expressed or limitation of the Seller's liability which may be specified in this Cantrac4 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 does not conform to OSHA standards, Buyer may return the product ror correction or replacement at the Sellei 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. I t. NO WARRANTY BY BUYER AGAFNST INFRINGEMENTS. As partof this contruct 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 goads according to the specification will not give rise to such a claim, aid 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 Seller is of the opinion that an infringement or the like will result, he will notify the 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 Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be mill 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 anypant of the undelivered portion of this order if Seller 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 wont under this order maybe terminated in whole, of 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 extent to which perfomsvnce of work under the order is terminated and the [late upon which such termination becomes effective, Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MAJEURE. Neither parry 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 with, and which by the exercise of reasonable diligence said party is unable to prevent 15. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned ur delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. IT 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 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 part of his bid is intended by the parties 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 Cork is used in this agreement.. the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Codc, Where ever the temp "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Cade 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 contract in good faith has reason to question the other party's intent to perform be may demand that the other parry give written assurance of his intent to perform. 1n 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 agents, 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 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 the Seller or its employees, or of the subSetler or assignee ur its employees, if any, and the Seller 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 anyjudgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 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 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 grounds of race, color, sex ur natural origin in consideration for an award Rev. 08/2005