HomeMy WebLinkAboutResolution - 2007-R0470 - PO - Warren Cat - Generator And Transfer Switch - 10_11_2007Resolution No. 2007—RO470
October 11, 2007
Item No. 5.22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the
City of Lubbock and Warren Cat of Lubbock, Texas, for a generator and transfer switch,
which Contract and any associated documents, are attached hereto and made a part of this
Resolution for all intents and purposes.
Passed by the City Council this 11t-h day of
ATTEST:
r�-p ��� '
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
October
, ?007,
DAVID A. MILLER, MAYOR
MarklYearwad, Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM: >~
Vandiver, Attorney of Counsel
DDre.5/ W a rrenCa t07-2 POcon Res
October 3, 2007
CITY OF LUBBOCK
Y
TO:
PURCHASE ORDER
WARREN CAT
702 E SLATON ROAD
LUBBOCK TX 79404
Page 1
Date 10/01/07
Order No. 318677 000 OP
Brn/Plt - 2241
SHIP TO:
CITY OF LUBBOCK
RADIO REPAIR SHOP
1915 TEXAS AVENUE
ATTN: JACK MORRISON
LUBBOCK TX 79411
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAVABLE
P.O. BOX 2000 ,�-
LUBBOCK. TX 79457 BY:
------------------
Ordered - 10/01/07 Freight - FOB Destination Frt Prepaid
Requested - 10/01/07 Taken By - FELIX ORTA
Delivery PER J. MORRISON REQ# 29691 EMERGENCY PURCHASE
--------------------------------------------------------------------------------------
Description / Supplier Ite
D125-6 125KW EMERGENCY
GENERATOR PRIMARY SITE
TRANSFER SWITCH 600 AMP
3-POLE 120/208 VAC
Ordered
UM
Unit Cost
UM
1.000
EA
27,785.0000
EA
1.000
EA
4,440.0000
EA
Extension
27,785.00
4,440.00
THIS PURCHASE ORDER RATIFIES THE PURCHASE OF PREVIOUSLY ORDERED GOODS.
Resolution# 2007-RO470
CITY OF LtIB13OCK ATTEST:
David A. Miller, Mayor Reb cca Garza, City Secret
Req. Dt
10/03/07
10/03/07
Total Order
-----------I-------------------------------------------------------------------------
Terms NET 10 EOM 32,225.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with brood
commercial practice. Each shipping container 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 ofcontainers. e.g. box I of 4 boxes, and (d) the number of the container
hearing the packing slip. Seller shall bear cost of packaging unless otherwise provided Goods
shall be suitably packed to secure lowest transpurtation costs and to conform with
requirements of comunon 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 shall not pass to Buyer
until Buyer actually receives and takes possession of the goods at the point use points of
delivery.
4. NOREPL10EMENTOFDEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
tender is trade 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 that
make a conforming tender w ithin 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 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
freight 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 we submitted after delivery,
6. GRATUITIES. The Buyer may, by written notice to the Setter, 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, at 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 trrattttenl with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contrad. In the event this contract is
canceled by Buyer pursuant to this provision, Buyer shall be entitled. in addition to any other
riots and comedies, 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 ofany special tooling or special test equipment fabricated or required by Seller for the
purpose of filling this order, smelt special tooling equipment and any process sheets related
thereto shall become the property of the Buyer and to the extent feasible .shall be identified by
the Seller as such.
g. 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 Setter's current process on orders by others for products of the
kind and specification coveted by this agreement for similar quantities under similar of like
conditions and methotts of purchase. In the event Seller breaches this warranty, the prices of
the items shall be reduced to the Seller's currerit prices on orders by others, or in the
alternative. Buyer may cancel this contract without liability to Seiler 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 contract upon an agreement or understanding for commission, percentage,
brokerage, or contingent fee excepting bona tide employees of tans fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business.
For breach of viciation 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 liability and to deduct from the contract price, or otherwise recover
the full amount of sueb commission, percentage, brokerage or contingent fee.
9. WARRANTY- PRODUCT. Setter shall not limit or exclude any implied warranties and any
attempt to dose shall render this contract voidable at the option of the Buyer. Sellerwarrants
that the goods furnished will conform to the .specification, drawings, and descriptions listed in
the bid invitation, and to the sample(%) 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 contractual agreement, the Seller represents
and warrants fault -free perforance and fault -fire result in the processing date and date related
data i including, but not limited to calculating, comparing and sequencing) of all hardware,
software and firmware products delivered and sconces provided under this Contract,
individually or in conntimalum, as the case may be from the effective date of this Contract.
.also, the Seller warrants the year2f600 calculations will be recognized and accommodated and
will not, in anyway, result in hardware, software or firmware failure. The City of Luhhock, at
its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to
follow in order to :omply with all the obligations contained herein. The obligations contained
herein apply to products and services provided by the Sella, its sub -Setter or any third party
involved in the creation or development of the products and services to be delivered to the City
of Lubbock under this Contract. Failure to comply with any of the obligations contained
herein, inay result in the City of Lubbock availing itself ofany of its rights under the law and
under this Contract including, but not limited to, its not pertaining to termination or default.
The warranties contained herein ate separate and discrete from any other warranties specified
in this Contract, and arc not subject to any disclaimer of warranty, implied or expressed, or
limitation of the Seller's liability which may he .specified in this Contract, 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 For correction or replacement at the Seller's expense. In the event
Seiler fails to make the appropriate correction within a reasonable time, correction made by
Buyer will be at the Seller's 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 ofany third person
by way of infringement of the like. Buyer snakes 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 Selkr is of the opinion that an infringement or the lute will result.
he will notify the Buyer to this efi c i 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 err the
like, the contract shall be null and void.
12. RIGHT OF INSPECTION. Buyer %hail 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 any part of the
undelivered portion of this order if Seller breaches any of the terms hereof including warranties
of Seller or if the Seller becotttes insolvent or commits acts of bankruptcy. Stich right of
cancellation is in addition to and not in lieu ofany other remedies which Buyer may have in
taw or equity.
14, TERMINATION. The performance of work 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
cffected by the delivery of the Seller of a "Nonce of Termination" speckfying the extent to
which performance of work under the order is terminated and the date 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, hario.
15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if the
fulfillment ofany terms of provisions ofthis contrail is delayed or prevented by any cause not
w ithin the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence said patty is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delcigrtion ofany 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 trade in conformity with this paragraph.
17, WAIVER. No claim or right arising out ofa. 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 Seller as part of his bid, is intended by the panics as a final expression of their
agreement and intended also as a complete and exclusive statement of the tents of their
agreement. Whenever a terra defined by the Uniform Commercial Code 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 Code.
Where ever the term "Uniform Commercial Code' is wed, 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.
1-0, RIGHT TO ASSURANCE. Wherever one party to this contract in good faith has reason to
question the other party"s intent to perform he may demand that the other party give written
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 agents,
officials and emptoyoea, against all injuries. deaths, loss damages, claims, patent claims, suits,
liabilities, judgments, casts and expanses, which may in anywise accrue against the Buyer in
consequence of the granting of this Contract or which may anywise result therefrom. whether
cr 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 subSelkr or assignee or its employees, if any, and the
Seller shall, at his awn 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 judgment
shall he tendered against the Buyer in any such action, the Sella shall, at its urn expenses.
wtisfy and discharge the sanse Seller expressly understands and agrees that any bend 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 mat the time specifications of this
agreement will cause Seller to be in default of this agreement.
1-3. VIBE. The City of Lubbock hereby noitfies all bidden that in regard to any contract entered
mro 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 or natural origin in consideration for an award.
Rev. 08/2005