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HomeMy WebLinkAboutResolution - 2013-R0090 - PO - Warren Cat - Generator Set Engine - 03/14/2013Resolution No. 2013—R0090 riarch 14, 2013 Item No. 5.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 22102133 for the purchase of Generator Set Engine as per Tx Buy Board Contract No. 345-10, by and between the City of Lubbock and Warren Cat of Amarillo, 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 on March 14, 2nt 3 G�X t. ROBERTSON, MAYOR ATTEST: R�ca Garza, City Secret APPROVED AS TO CONTENT: R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES. W arren Cat-PurchweOrd February 27, 2013 Resolution No. 2013—R0090 Pave - luCity Of PURCHASE ORDER Date - 02/27/2013 bboek Order Number 22102133 000 OP TEXAS Branch/Plant 6343 TO: WARREN CATSHIP TO: CI"rY OF LUBBOCK 1101 SFM 1912 WATER TREATMENT PLANT AMARILLO, Texas 79118 6001 NORTH GUAVA AVE 7034 LUBBOCK Texas 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBIIOCKTX79457BY: hform Alvarez Dimtor of 0, hasin &ConRact Mana einem Ordered 03/14/2013 Freight Requested 08/30/2013 Taken By D GAMBOA Delivery PER MCDOLE C REQ 41270 Buy Board Contract No 345-10 Description/Supplier Item Ordered _ _Unit Cost UM _ _ Extension _ _ _Request Date Replacement Generator Engine 1.000 153,125.0000 EA 153,125.00 08/30/2013 Total Order Perms NET30 INSIIRANCF CFRTTRICATF PPnTIIPTT1 RR:r1R In TT,c .rn 153,125.00 Commercial General Liability, per occurrence. $1,000,000 Worker's Compensation Amounts- $500,000 cr Employer's General Aggregate. Liability and/or Occupational Medical and Disabilities. Copies of Automotive Liability- Combined Single limit for Any Auto — endorsements are required. $1,000,000 City of Lubbock is named is an additional insured on a primary and non contributory basis with a Waiver of subragation in favor of the City of Lubbock on all coverages. 'I'o include products of com feted operations endorsements. This purchase order encumbers funds in the amount of $153,125 awarded to Warren Cat of Amarillo Texas, on March 14, 2013. The following is incorporated into and made part of this purchase order by reference: Buy Board Contract No 345-10 Price quotation dated February 12, 2013 from Warren Cat of Amarillo, Texas Resolution# 2013—R0090 CITY OF LUBBOCK ATTEST GI n C. Robertson, Mayor Rebecca Garza, ity Seer to TERNIS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCIC, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Sella 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) Coroignee's name. address and purchase order or purchase release numberand the supply agreement number if applicable. (c) Containernumber and total number of containers, e.g. box I of 4 boxes, and (d) the numbs of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided Goods shall be suitably packed to secure lowest transportation costs and to conform with requirerunts 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. Sella is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a lender 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 or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every lender of delivery of goods must telly comply with all provisions of this contract as to time of delivery, quality and oho like, Ira tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tendo, provided, where the time far performance has not yet expired the Sella may reasonably nosily Buyer of his intention to euro and may then make a confer Ing tender within the contract time butnet aflenward. S. INVOICES & PAYMENTS. a. Seller dull 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 Height waybill when applicable. should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79357. Payment shall not be due until the above inslnurenis aro submitted after delivery. b. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Sella if it is determined by Buyer that gratuities. in the form of entertainment, gift or otherwise, were offered or giver by the Seller, or any agent or representative of the Sella, to any o0(cer or employee of the City of Lubbock with a view to securing a contract at securing favorable ucalment with respect to the awarding Or amending, or the making of any determinations with respect to the perfomntng of such a eontrad. 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 of the cost incurred by Sella 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 Sella for the purpose of filling this order, such special tooling equipment and airy process sheds related thereto shall become the property of the Buyer and to the extent feasible shall be Identified by the Sella 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 other for products Of the kind and specification covered by this Agreement for similar quantities under "lar 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 rhe alternative. Buyer may caned this cancra" without liability to Sella for breach or Seller's actual expense. b. The Sella warrants that no person or selling agency has been employed or retained to solicit or secure this contra" upon an agreement or understanding for cammiWor, peroeniage, brokerage, at contingent fico excepting bona Endo employees of bons thele established commercial or selling agencies maintained by the Sella for the purpose orsecuring business, For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to careel this contract without liability and to deduct from de coalrad price, or otherwise recover without liability and to deduct tom the contract price, or otherwise recover the ttl amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Sella shall not limit or exclude any implied warranties and any attempt to do so shalt render Ibis contra" voidable at the option of the Buyer. Sella warrants that the goats furnished will confornn to the specification, drawings, and descriptions listed in the bid invitation, and to the samples) furnished by the Sella, if any. In the event Of a conflict or between the specifications, drawings. and description % the specifications shall gaxm. Notwithstanding any provisions contained in the contractual agreement. the Sella represents and warrants fault -free performance and fault -fm result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software sail flmlwam products delivered and services provided under this Contract, individually or in combination, as the case may be tom the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub. Seller or any third party involved in the cation or development or the products and services to be delivered to the City of Lubbock under this Contract. Failure to oompiy with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights nada the law and under this Contract including, but rum limited to, its right pertaining to termination of default. The warranties contained herein aro 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 of the Seller's liability which may be specified in this Contract, its appendices.' its, scha idea, its annexa or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Sella warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Taber ruder the Occupational Safety and Ilalih Act of 1970. In the event the Product don sat conform to OSHA standards, Buyer may return the product for eonmUem or replacement at the Seller's expenao. In the 0trit Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will Ire err the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agtecment 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 goats according to the specification will not give rise to such a clalm, and in no event shall Buyer be liable to Sella for indannifncation in the event that Sella is sued on the grounds of infringement of the like. If Sella is of the opinion that an infringement at 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, Sella will save Buy" harmless. If sella in goad failh ascaiains the production of the goods in accordance with the specifications will result in Infringement or the like, the contract shall be null anal void 12. RIGHT OF INSPECTION. Buya shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to canoed for default all or any pan of the undelivered portion of this order if Sella breaches any of the terms hereof including warranties of Sella or if the Sella becomes insolvent or cormnits sets of bankruptcy. Such right of cancellation is in addition to and nes in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work undo this Order may but taminaled in whole, or in pan 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 performs= of work under the order to terminated and the dale upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of the rights of Buyer art forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the rulfillment of any tams of provisions of this contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered will', and which by the exercise of reasonable diligence said parry is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Sella without the written permission of the Buyer. Any attempted assigencnt or delegation by Sella shall be wholly void and totally ineffective for all purpose unless nude in confortn(ty with this paragraph. 17. WAIVER. No claim a right arising out of a breach of this caand can be discharged in whole or in pan by a waiver or renunciation Of the claim Of right unless the waiver or rcaunciatien is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications forbids and perfonrnnee provided by Buyer in its advertisement for bids, and any other documents provided by Sella as pan 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 oho terms of their agreement. Whenever a tam 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 Coda Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in farce on the date of this agreement. 20. RIGHT TO ASSURANCE Whenever one parry to this contract in good faith has ream 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 (S) days, the demanding party may treat this failure as an anficipatary repudiation of the contram 21. INDEMNIFICATION. Seller shall iedarmify, keep and save bamiless the Buyer, its agents. officials and employees, against all injuries, daths, loss, damages, claims, patent claitm, suits. liabilities, judgments, coals and expenses. which may in anywise seems against the Buyer in consequence of the granting of this Contract or which may anywise mutt lheretom whether or net it shall be alleged or daamined that the ad was caused through negligence or omission of the Sella or its employees, or of the subSelta or assignee or its employoa, if any, and the Sella shall, at his own expense, appear, defend and pay all charges of alt ntcys and ail 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 Seiler shall. at its own expenses. satisfy and discharge the same Sella expressly understands and agrees that any bond required by this contract, or otherwise provided by Sella, 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 (line is of the essence for the perli msrhce of this contract, and failure by contract to meet the tee specifications of this agreement will cause Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby ratifies 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 disairinued against on the grounds of race, color. sex or natural origin in consideration for an award 24. NON -ARBITRATION. The City reserves the right to exercise any right of remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Furth", the City shall riot be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and num exclusive, and may be exercised comcurremty. To the extent of any conflict behvan this provision and another provision in, or related to, this document, this provision shalt control. 25. RIGHT TO AUDIT. At any time during the tern of the contract, or thereafter, the City, or a duty authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contradoes.records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any amore or overpayments by the City. Contractor shall refund the City the full amount of such overpayments within thirty (30) days or such audit findings, or the City, at its optim reserves the right to deduct such amounts owing the City from any payments due Contractor. Rev. 0212012