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HomeMy WebLinkAboutResolution - 2001-R0127 - Purchase Order Bid For Transformer - Temple, Inc. - 04/12/2001Resolution No. 2001—RO127 April 12, 2001 Item No. 58 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 #060-01/RS for a 2500 kVA pad mount transformer, by and between the City of Lubbock and Temple, Inc. of Lubbock, 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. 134jl4l� WINDY SITT , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor KilmAn, Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/cedocs/PurehOrd-Temple,Inc..res March 30, 2001 1 Z Y O G , A City of Lubbock 11PURCHASE ORDER T0: TEMPLE INC 502 E 46TH ST LUBBOCK TX 79404 Resolution No. 2001-RO127 Page - 1 Date - 4/12/01 Order No. - 200423-000 OP Brn/Plt - 3511 SHIP T0: CITY OF LUBBOCK TRANSFORMER REPAIR CENTER 600 MUNICIPAL DRIVE REAR LUBBOCK TX 79401 -------------------------------- ---------- Ordered - 04/12/01 Freight - FOB Destination Frt Prepaid Requested - 06/15/01 Placed By - RON SHUFFIELD 775-2170 Special Ins Per ITB #060-01/RS ATTN: Dave Dewbre Description / Supplier Item Ordered UM Unit Cost ------------------------.--- ------. 2500KVA Padmounted Transf. - 8.000 EA 25,080.0000 Transformer, 2500KVA, 12470GY/7200v-480'/277, Three (3) phase, padmounted, compartmental. type, self -cooled, distribution transformer. UM Extension Req. Dt -- ----------------- -------- EA 200,640.00 06/15/01 This purchase order encumbers funds in the amount of $200,640.00 for a bid awarded Temple, Inc. of Lubbock, Texas on April 12, 2001 in accordance with your response to ITB #060-01ARS, 2566kVA Pad'Mount Transformer. 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 #060-0.1 IRS. Ci BBOCK ATTEST: VA Windy titton, Mayor Rebecca Garza, City Secretary APPROVED AS TO FORM: William de Haas, Competition and Contracts Manager/Attorney Total Order ------- ------------------- -------..-------- ..... -- Terms NET 30 200,640.00 Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package roods 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 of4 boxes, and (d) the number ofthe container bearing the packing slip. Seller shall bear cost ofpaekaging 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. Buyers count or we* shall be final and Conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHBITED. 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. TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS . 4. NO REPLACEMENT OF DEFECTIVE TENDER. Evaytender ofdeliveryofgoodaman fully comply with all provisions of this contract as to time ofdelisery, 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 make a conforming tender within the contract time but not afterward. S. 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 ifapplicable. Invoices shall be itemized and transportation charges, irony. shall be listed separately. A copy ofthe 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 are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract withou nmt liability to Seller if it is detennined by Buyer that gratuities, in the form of entertainegifts or otherwise, were offered or given by the Seller, orally agent or representative ofthe 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 orally 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 die cost orally 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 of the Buyer and to the extent feasible shall be identified by the Seller as such. fL 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 Sella breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in die alternative. Buyer nay 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 ofbona fide established commercial or selling agencies maintained by the Seller for the purpose ofsecuring 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 from 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 -PRODUCE. Seller shall not limit or exclude any implied warranties and any attempt to do so shall reader this contract voidable at the option ofthe Buys. Seller warrants that the Soots famished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the samples) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifiationa shall govem. Notwithstanding any provisions contained in the contractual agreement, the Sella 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) oral, hardware, software and Cumwarc products delivered and services provided under this Contract, individually or in combination, as the ase may be from the effective date ofthis Contract Also, the Se1W warrants the year2000 calculations will be recognized and accommodated and will mot, in any way, result in hardware, software or firmware failure, The City of Lubbock, at its sok option, may requite 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 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 ofthe obligations contained herein, may 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 right pertaining to termination or default. The warranties contained herein arc 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 ofthe 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 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 Aa of 1970. In the event the product does not conform to OSHA standards. Buver G.PURCHITERMCOND.DOC may return the product for correction or replacement at the Seder'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 expenses I]- 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 thud person byY of infriogeneat of the like. Buyer nukes no warranty that the production of goods according to the specification will not give rise to such a clava, and in no event shall Buyerbe liable to Seller for indemnification in the Hent that Seller is sued on the grounds of infringement of the like. if Selkr is of the opinion that an infringement or the like will ramp, he will notify the Buyer to this effect in writing within two weeks after the sigoing of this agreemmL 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 ascerta the production ofthe goods in accordance with the speeil,ations will result in infringement of rite hike, the contract shall be null and void 12. RIGHT OF INSPECTION. Buyer"[ 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 ofthe undelivered portion of this order ifSeller breaches any oftlhe terns hereof including warranties of seller or if the Seller becomes insolvent or eonmmits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu ofany other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be tenninated in whole, o in part by the Buyer in accordance with this provision, Termination of work hereunder shalt be effected by die delivery of the Seller of a "Notice of Tennination" specifying the extent D 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 ofthe rights of Buyer set forth in Clause 13, herein. 15. FORCE MAlEURE. Neither party shall be held responsible for losses, resulting ifthe fulfillment orally terns of provisions of this contract is delayed or prevented by any cause not within the control ofthe party whose performance is interfered with, and which by the exercise of reasonable diligence said patty is unable to prcvenL 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation ofany obligation nude by Seller without the written pemhission ofthe Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally buffective for all Purpose unless nude in conformity with this paragraph, 17. WAIVER. No claim or right arising out ora breach of this contract can be discharged in whole or in part by a waiver or renunciation orthe claim or right unless to waiver or renunciation is supported by consideration and is in writing signed by the aggalev r party, 1g, INTER PRETATIOY-PAROLE EVIDENCE. This writing, plus any specifhations for bids and performance provided by Buyer in its advertisenment for bids, and any otter documents provided by Seller as pan ofhis bid, is intended by the parties as a final expression of dteir agreement and intended also as a complete and exclusive statenhent of the terms oftlmeir agreement. Whenever a term defined by die Uniform Commercial Code is used is 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 cert "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State ofTexas 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 he may denund 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 ofthe eontraCL 21. INDEMNIFICATION. Seller shall indemnify, keep and save Ilanmdcss the Buyer, its agents. Officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgements, costs and expenses, which may in anywise accrue against the Buyer in consequence ofthe granting of this Contract or which may anywise result dmercfrom whether or not it shall be alleged or dacratined 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 rendered against the Buyer in any such action, the Seller shall, at its own expeascs, satisfy and discharge the same Seller expressly understands and agrees that any bond requ ttof 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 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 ofrace, color, sex or natural origin in consideration for an award.