HomeMy WebLinkAboutResolution - 2001-R0126 - Purchase Order Bid - Mollderg & Associates - 04_12_2001Resolution No. 2001-RO126
April 12, 2001
Item No. 57
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid
4058-01/RS to rebuild a Steinway Model D Concert Grand Piano, by and between the
City of Lubbock and Mollderg & Associates of Blanco, 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.
Passed by the City Council this 12th day of April , 2001.
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WINDY SI'fTQK, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
gs/ccdocs/PurchOrd-Mollderg & Assoc-res
March 30, 2001
t Y o
` A. City of Lubbock
PURCHASE ORDER
TO:
MOLLBERG & ASSOCIATES PIANO RESTORA
377 PAW PRINT LN
BLANCO TX 78606
Resolution No. 2001-RO126
Page - 1
Date - 4/12/01
Order No. - 200424-000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
MEMORIAL CIVIC CENTER
1501 6TH ST RECEIVING DOCK
LUBBOCK TX 79401
Ordered - 04/12/01 Freight - FOB Destination Frt Prepaid
(Requested - 04/12/02 Placed By - RON SHUFFIELD 775-2170
(Special Ins Per ITB #058-01/RS ATTN: Bernard Mollberg
.............................................................................. .
Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt
Rebuild Steinway Model D 1.000 LT 37,827.0000 LT 37,827.00 04/12/02
(Concert Grand Piano
This purchase order encumbers funds in the amount of $37,827 for a bid awarded Mollberg & Associates Piano Restoration of Blanco, Texas on April
12, 2001 in accordance with your response to ITB #058-01/RS, Rebuild Steinway Model D Concert Grand Piano. The following are incorporated into
and made part of this purchase order by reference: bid submitted by your firm including the Bid Form; Specifications, and General Conditions of ITB
#058-01/RS.
CITY OF LU ATTEST:
Windy Sitton, Mayor Rebecca Garza, City Secretary
APPROVED S TO FORM:
/--� Total Order
William de Haas, Competition and Contracts ManagerlAttorney
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Terms NET 30 37,821.00
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. Setter will package goods in accordance with good
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 of containers, e.g. box 1 of 4 boxes, and (d) the number of the container
bearing the packing slip. Seller shall bear cost ofpackaging unless otherwise provided.
Goods 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 ofgoods.
3. TITLE AND RISK OF LOSS. The title and risk of loss ofthe goods shall not pass to Buyer
until Buyer actually receives and takes possession ofthe 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 contract 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 stall
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 nuke a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS.
a. Seiler shall submit separate invoices, in duplicate, one each purchase order or purchase
rcltaSe 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, stall 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 arc submitted after delivery.
6. 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 torn 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 ofthe 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 shall be entitled, in addition to any other
rights and remedies, to recover or withhold the amount ofthe 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 filling this order, such special tooling equipment and any process sheets related
thereto shall become the property ofthe Buyer and to the extent feasible shall be identified by
the Seller as such.
L 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 ofthe
kind and specification covered by this agreement for similar quantities under sitrtilar 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
altemative. 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 contract upon an agreement or understanding for commission, percentage,
brokerage, or contingent fee excepting bona fide employees of bona fide established
commercial or selling agencies maintained by the Sellei for the purpose of securing business.
For breach of vitiation 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 front die contract price, 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 fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do so shall render this contract voidable at the option ofthe 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 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 performance and fault -free result in the processing date and
date related data (including, but not limited to calculating, comparing and sequencing) of all
hardware, software and firmware products delivered and services provided tinder this Comrac%
individually cc in combination, as the case may be from the effective date of this ConttacL
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 Seller, its sub -Seller or any thud parry
involved in the creation or development ofthe products and services to be delivered to the City
of Lubbock under this Contract. Failure to comply with any ofthe obligations contained
herein, may result in the City of Lubbock availing itself of any of its rights tinder the law and
under this Contract including, but not limited to, its right peraining 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 ofthe Setter'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 that the product sold to the Buyer shall conform to
the standards promulgated by the V. 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.
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 perwa
byway of infringement of the like. Buyer nukes no warranty that the production of goods
according to the specification will not give rise to such a claim, and 'tat 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,
be 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 hantiless. if Seller in good faith ascertains the
production ofthe goods in accordance with the specifications will result in infritigertent or tjie
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 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 ofthe terns 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 nay have in
law 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., Tennination of work hereunder shall
be effected by die delivery ofthe Seller 0172 "Notice ofTermination" specifying the extent to
which performance of work under die order is terminated and the date upon which such
temtination 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 party shall be field responsible for losses, resulting if tlhe
fulfillment of any terns of provisions ofthis contract is delayed or prevented by any cause not
within the control of the party whose performance is interfered with, and which by die exercise
of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission ofthe Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally ineffective for aft
purpose unless made in conformity with this paragraph.
17. 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 ofthe 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 docunents
provided by Seller as part of his bid, is intended by die parties as a final expression oftheir
agreement and intended also as a complete and exclusive statement of the terns of their
agreement. Whenever a term 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 Unifonn Commercial Code.
Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the
Uniform Coninercial Code as adopted in die State of Texas as effective and in force on die.
date of this ageement.
20. RIGHT TO ASSURANCE. Whenever 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 node and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation ofthe eontracL
21. INDEMNIFICATION. Seller shall indemnify, keep and save harm less time Buyer, its agents,
officials and employees, against all injuries, deaths, loss, dattuges, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise accrue against die Buyer in
consequence of the granting of this Contract or which may anywise result thcrefroviL whether
or not it shall be alleged or determined that the act was caused through negligence or omission
ofthe Seller or its employees, or ofthe subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs
and other expenses arising therefrom of incurred in connection therewith, and, if any judgment
shall be tendered 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 tequirt:d
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 ofthe essence for the
performance of this contract, and failure by contract to meet the time specifications ofihis
agreement will cause Seller to be in default of this agreement.
23. MBE. The City of Lubbock hereby notifies all bidden that in regard to any contract entered
into pursuant to this request, minarity 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.
G:PURCHIIERMCONDMOC