HomeMy WebLinkAboutResolution - 2000-R0180 - PO - Thomas & Betts - Traffic Signal Cabinets And Controllers - 06_20_2000Resolution NO. 2000-RO180
June 20, 2000
Item No. 29
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 to furnish
traffic signal cabinets and controllers per Bid #00-114, by and between the City of
Lubbock and Thomas & Betts, 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 20th day of June 2000.
WINDY SI N, MAYOR
ATTEST:,
Darnell, City Secretary
APPROVED AS TO CONTENT:
Victor KilmA Purchasing Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contract Manager/Attorney
Ccdocs/P.O-Thomas & Betts.res
June 12,2000
City of Lubbock Page - 1
U R C H A S E ORDER Date - 6/26/00
Order No. - 180431-000 OP
Brn/Plt - 3511
TO:
THOMAS & BETTS CORPORATION
8155 T & B BOULEVARD
MEMPHIS TN 38125
SHIP TO:
CITY OF LUBBOCK
ELECTRIC DISTRIBUTION CENTER
600 MUNICIPAL DR
LUBBOCK TX 79403
........................................................................... --------
Ordered - 06/22/00 Freight - FOB Destination Frt Prepaid
Requested - 11/17/00 Placed By - RON SHUFFIELD 775-2170
Special Ins Per Bid # 00-114 ATTN: Mark Fleming
-------------------------------------------------------------------------------------.
Description / Supplier Item Ordered
........................... ...............
STEEL TRANSMISSION 1.000
STRUCTURES FOR THE CHALKER SUBSTATION.
UM Unit Cost UM Extension Req. Dt
----------------- ------------------- --------
EA 135,380.0000 EA 135,380.00 11/17/00
This purchase order encumbers funds In the amount of $135,380 for a bid awarded Thomas & Betts Corporation of Memphis, Tennessee on June 20,
2000 (Resolution #2000-110180) in accordance with your response to ITB #00-114, Lubbock Power & Light Steel Transmission Poles. 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 [TO #00-114. _ 1 .
APPROVED
//A''�� TO FORM: f
'41'a ' � � �f Total Order
William de Haas, Competition and Contracts ManagedAttorneY ----------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Terms NET 30 135,380.00
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 toads in accordance with good
may return the product for correction or replacement at the Seller's expens& in the event
commercial practice. Each shipping container shalt be clearly and pemunently marked as
Seller fails to make the appropriate correction within a reasonable time, correction etude by
follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or
Buyer will be at the Sences expense.
purchase release number and the supply agreement number lfsppliable, (c) Container number
and total number of containers, e.g. box I cf 4 boxes, and (d) the number of the container
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part ofthls tonaract for
bearing the packing slip. Seller shall bear cast ofpackaging unless otherwise provided.
We Seller agrees to asttrtain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise so the rightful claim ofany third person
Goods shall be suitably packed to secure lowest transportation costs and to conform with
requirements ofa mon carriers and any applicable specifications. Buyer's count orweight
by way of Infringement ofthe like. Buyer rrokes no warranty that the production of foods
shall be Mul and conclusive on shipments not accompanied by packing lists.
according to the specification will not give rise to such a claim, and In no event sh311 Buyer be
liable to Seller for Indemnification in the event that Seller is sued an the grounds of
2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the
Infringement ofthe like. IlSeller Is ofthe opinion that an infringement or the hike will rcsutL
goods under reservation and no tcoder of s bill of lading will operate as a tender of foods.
he will notify the Buyer to this effect In writing within two weeks otter the signing of this
I TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer
sgrcemrnt. 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
until Buyer actually receives and takes possession ofthe goods at the point or poles of
delivery,
production ofthe goods in accordance with the specifications will result In infringement or the
like, the contract shall be mull and void
4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of deUvety of foods must
fully comply with all provisions of this contract as to time of delivery, quality and the h'ke. If
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
a tender is made which does not fully conform, this shall constitute a breach and Seiler shall
accepting diem.
not have the right to substitute a conforming tender, provided, where the time for performance
13. CANCELLATION. Buyer slap have the right to cancel for default all or any par of the
has not yet expired, the Seller may reasonably notify Buyer of his Intention to cure and may
undelivered portion olthis order if Seller breaches any ofthe terns haeolincluding warranties
then nuke a conforming tender within the contract time but not afterward.
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of
S. iNVOICES & PAYMENTS.
cancellation Is In addition to and not in lieu of any other remedies which Buyer may have in
a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase
law or equity.
release after each delivery. invoices shall indicate the purchase order or purchase release
14. TERMINATION. The performance of work under this order may be tenninated in whole, or
number and the supply agreement number ifapplicable. Invoices shall be itemized and
in par by the Buyer in accordance with this provision. Termination o!w•ork hereunder shall
transportation charges, ifany, shall be Usted separately. A copy ofthe bill of lading, and the
be effected by tie delivery ofthe Seller of a'Notice olTemmitution" specifying to extent to
freight waybill when applicable, should be attached to the invoice. Mail To: Accounts
which performance of work under the order is terminated and the date upon which such
Payable. City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due
termination becomes cnectiv e. Such right or termination is in addition to and not in lieu ofthe
until the above instruments are submitted after delivery.
rights of Buyer set forth in Clause 13. herein.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
15, FORCE MAIEURE Neither party shall be held responsible for losses. resulting if the
liability to Seller if it is determined by Buyer that gratuities, in the four of entertainment, gifts
IUlfillmrnt ofany terns olprovisions of this contract is delayed at prevented by any cause not
or otherwise, were offered or given by the Seller, or any agent or representative ofthe Sella,
within the control of the party whose performance is interfered with, and which by the exercise
to any officer or employee of tte City of Lubbock with a view to securing a contract or
of reasonable diligence said party is unable 10 prevent.
securing favorable treatment with respect to the awarding or arrending, or the nuking ofany
determinations with respect to the performing of such a contract. In the event this contract is
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shill be assigned or
canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other
delegation ofany obligation made by Seller without the written permission ofthe Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally 6elTative for an
rights and remedies, to recover or withhold the amount ofthe cost incurred by Seller in
unless made In conformity with this paragraph.
providing such gratuities.purpose
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the
this contract can be discharged in
17. WAIVER. No claim or right arising out ion breach claim
whole input a waiver or renunciation the claim or right unless the w•aiva or
cost of any special tooling or special test equipment fabricated or required by Sella for the
se of fillip this order, such special tooling equipment and as
P� L' D g eq pet y process sheets related
is
renunciation is supported by co0sideration and is in }riming signed by the aggrieved party.
up d
thereto shall become the property of the Buyer and to the extent feasible shall be identified by
I L INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids
die Seller as such.
and performance provided by Buyer in Is advertisement for bids, and any other documents
L WARRAMY-PRICE
provided by Seller as par of his bid, is intended by the parties as a final expression oftheir
a. The prig to be paid by the Buyer shall be that contained in Seller's bid which Seller
agreentent and intended also as a complete and exclusive statement ofthe terns of deir
an Whenever a tam defined by the Uniform Commercial Cate is used in this
warrants to be no higher than Seller's current process on orders by others for products ofthe
rit
sgreemcnt, the definition contained in the Code is to control.
kind and specification covered by this agreement for similar quantities under similar of like
conditions and methods of purchase. In the event Sella breaches this warranty, the prices of
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
the items shall be reduced to the Seller's current prices on orders by others, or in the
Wherc ever the term'Unifonn Commercial Code" is used, it shall be construed as meaning the
alternative. Buyer may canal this contract without liability to Seller for breach or Seller's
Uniform Commercial Code as adopted in the Sate of Texas as effective and in force on the .
actual expense.
date of this ayrcemc. t.
b. The Seller warrants that no person or selling agency has been employed or retained to
20. RIGHT TO ASSURANCE Whenever one party to this contract in rood faith has reason to
solicit or secure this contract upon an agreement or understanding for commission, percentage•
question the other puty's intent to perfotm he may demand that the other party give written
brokerage, or contingent fee excepting bona fide employees of bona fide established
assurance of his intent to pafonn. In the event that a demand is nude and no assurance is
commercial or selling agencies maintained by to Seller for the purpose ofsccuring business.
given within five (3) days. the denunding party may treat this failure as an anticipatory
For breach of vitiation of this warranty the Buyer shall have the right in addition to any other
repudiation ofthe contract
right of rights to canal this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contras price, or otherwise recover
21. INDEMNIFICATION. Sella shall indemnify, keep and save harmless the Buyer, its agents,
INDEMNIFICATION.
the full amount of such commission, percentage. brokerage or contingent fee.
employees. against all injuries, deaths, loss. damages. claims. patent claims. suits.
is and b
liabiluks. Judgments, costs and expenses, which may In anywise accrue against the Buyer in
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any Implied warranties and any
consequence of the granting of this Contract of which may anywise result therefrom. whether
attempt to do so shall reader this contract voidable at the option ofthe Buyer. Seiler warrants
or mot it shall be alleged or determined that the act was caused through negliLrontt or omission
Out the goods famished will conform to the specification, drawings, and descriptions listed in
of the Seller or its employees, or of the subSeller or assignee or its employees, if any. and the
the bid invitation, and to the sample(,) kmisled by the Senor, if any. Its the event ofa
Seller shall, at his own expense, appear, defend and pay all charges ofactomeys and all casts
conflictor between the specifications, drawings, and descriptions, the specifications shall
and otser expenses arising therefrom of incurred in connection therewith, and, if any judgment
govern. Notwithstanding any provisions contained In the contractual agreement, the Seller
shall be rendered against the Buyer in any such maim the Seller shall, at is own expenses.
represents and warrants (hull -fret paimunee and fault -fro result In the processing date and
satisfy and discharge the same Seller expressly understands and agrees that any bond required
date related tau (including, but not limited to calculating, comparing and sequencing) ofall
by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to
hardware, software and firmware products derivaed and services provided under this Contract.
Indarmify, keep and save harmless and defend the Buyer as herein provided.
individually or in combination, as the ease may be from the effective date of this Contract
Also, the Seller warrants the year2000 calculations win be recognized and secommodated and
22. TIME. It is hereby expressly agreed and understood that time Is ofthe essentt for the
will not. in any way, result In hardware, software or f rnmare failure. The City off u ck. at
paormance of this contract, and bit= by contract to meet the shoe specifications of this
agreement will cause Seller to be In default of this agreement
its sok optloc, any require tic 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
23. MBE. The City of Lubbock hereby notifies an bidders that la regard to any contract entered
herein apply to products and services provided by the Seller, its subSelkr or any third parry
into pursuant to this request, minority and wotnca business enterprises will be sfforded equal
involved in the creation or development of the products and services to be delivered to the City `,
opportunities to submit bids In response to this invitation and will not be discriminated agaira
of Lubbock under this Contract Failure to comply with any ofthe obligations contained
on the grounds of race, color, sex or natural origin In consideration for an award.
herein, may result in the City of Lubbock availing kselfof any of its rights under the law and
under this Contract including, but not limited to. its right pertaining to termination or default
The warramtei contained herein are separate and discrete from any other warranties specifed
i
in this Contract and are not subject to any disclaims of warranty. implied or expressed, or
limitation ofthe Seller's liability which nuy be specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
t0. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Departmcat of Libor under the Occupational Safety
and Hcahh Act of 1970. In the event to product does not conform to OSHA standards, Buyer
QMCHrMRMCOND.DOC