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Home My WebLink AboutResolution - 2013-R0100 - PO - Pelco Structural LLC - Traffic Signal Mast Arms - 03/28/2013Resolution No. 2013-80100 March 28, 2013 Item No. 5.7 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. 10007893 for the purchase of Traffic Signal Mast Arms as per TxSmartbuy Contract No. 550-A2, by and between the City of Lubbock and Pelco Structural, LLC of Claremore, Oklahoma, 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 28, 20r1 IVWR49ERTSON, MAYOR ATTEST: Rabeca Garzz, City Sle'crelaUC APPROVED AS TO CONTENT: R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney ,,:c docs/RES.Pelco Structuml, LLC-Purchase0rd February 26, 2013 ",�Iubbloty °ck PURCHASE ORDER TILAS f0: PELCO STRUCTURAL LLC 1501 INDUSTRIAL BLVD CLAREMORE Oklahoma 74017 INVOICE TO: CITY OF LUBBOCK ACCOUN'r8 PAYABLE P.O. Box 2000 LUBBOCK tX 79457 SHIrm Page - I Date - 03/04/2013 Order Number 10007893 000 OP Branch/Plant 4525 CITY OF LUBBOCK TRAFFIC CONTROLS BUILDING 202 MUNICIPAL DR LUBBOCK Texas 79403 Ordered 03/28/2013 Freight Requested 06/01/2013 Taken By T LENNON Delivery PER R GARZA REQ41131 TXSMARTBUY CONTRACT NO. 550-A2 Descdptiod5upplier Rem Ordered Unit Cost UM Extension Request Date 50'SMA - 80/100 2.000 11,412.0000 EA 22,824.00 06/012013 55085591911 ' 4V SMA .80/100 3.000 4,971.0000 EA 14,913.00 06/01/2013 55085592206 50' SMA - 80/100 4.000 11,412.0000 EA 45,648.00 06/012013 55085591911 50'SMA - 80/100 4.000 11,412.0000 EA 45,648.00 06/01/2013 55085591911 55'SMA.80/100 1.000 11,728.0000 EA 11,728.00 06101/2013 55085591912 TOmI ONer _ Tenn NET DUE ON RECEIPT' — — 140,761.00�� This purchase order encumbers; funds In the amount of $140,761 awarded to Pelco Structural LLC of Claremore, Oklahoma on March 28, 2013. The following Is Incorporated Into and made pert of this purchase order by reference: Price Quotation dated February 26, 2013, from Pelco Structural LLC of Claremore, Oklahoma and TXSmartbuy Contract 550-A2. Resolution# 2013-RO100 CITY OF LUBBOCK ATTEST: i Glen C. Ro er n, Mayor Rebe ca Garza, City Secretary •rERAIS AND coNorrIONS imPOR•G►NT: READ CAREFULLY S rANDARD TERMS A,YD CONDITIONS CI'rY OF LU1311OCK arms Seller and 11u3er agree as rollows: 1, SELLER FO PAVV.NGE GiMUS. Seller will puckago goo,ts in .wcvnktnce with good comnardal practice. Each .hipping container shall be clevly and parrimoUy marked as follows (a) Stilet t naante and address, tb) Catrlgnce s nate, addtti7 and puichan order or purchase release number and the supply agreement number if applicable, (c) Contaittes "[ember and telal mtouber of containers. a S. bolt 1 of 1 busts, .end (d) the muttbrr of the container bearing rho packing slip. Sella shall beer cost of pukaSinhg unless uthawise provided. Cuexls %hall be suitably packed to secure lowest i anspoomi"n costs and to conform with requirements of common date" and any applieibla specifications. Buyer's count or aoghl shall be limit and comlusi%e on shipments not accompanied by packing lists. i. SIIIPMENr UNDER RESERVATION PROHIBITED. Seller is not uahodted to ship the yroavls under reservation and no tender of a bill of lading will operate is a tender of goads. 3. TITLE AND RISK OF LOSS. iho title and risk of loss of the goods shall not pass to Buyer until Buyer a:ttully receives .cod rakes poiwssion of the goods .d the point or points of dtlhtry. 3. NO REPLACEMENT OP OEFECTIVE TENOML 9% cry tender of delivery of goods tmio hilly comply with all protisiatu of this comrdd 45t0 lithe of deli$ cry. quanty and oho like, 11A lender is trade ahich does cost fully conform, this dull constitute a breach carni Sella sham not have the right to substitute a conforming tender, provided, where the time for performance has not yd espiml. the Seller troy reasonably nobly Bya of his intention to cure and may then make a conforming lemkt within the contract time but no allawad. S. INVOICES A PAYh1bM3. a. Sella shall submit separate invoices, in duplicate, one tach Purchase order er purchase release atter each delivery. Imoiaes shall indicate the purchase order or purchase release number and the supply agreement numbs if applicable. imuices shall be iternlied and transportation charges, if any, shall be listed seyaratdy. A copy of the bill of tailing. ad the fMSN waybill when appliablet should be .utiched to the invoice. Mail ro: Accounts Payable, City of Lubbock, P. 0. Bolt 1000. Lubbock, 'rose 79137. Payment shall not be due until the above Instruments are submitted ager doth cry. 6. GRATUITIM Tete Buyer may, by written notice to the Seller, caned Ilds contract without liability to Sena if it is dedatdad by Buyer that gratuities. in the Tam of entertadnment. Si lb or otherwise, woo offered or given by the Seller, or my agora or repmantuiveof the Setter, to my officer or entploym of the City of Lubbock with a view to securing a contract or searing favorable tairvient with specs to the awanling or amending, or the Nuking of any ddaminadonsaith respect to tho ptrfontdng of stuh a contrera, to the atm this centrad is canceled by Ouya pursuatt to this provision. Buyer skill be entitled, in a lldon to any ether rights and remones, to reco%a or withhold the amount or this an incunvd by Sella in providing such graNifies. 7, SPECIAL TOOLS A TEST EQUIPMENT. if the prier steed on tbo race hereof inctwdea the cast of any special tooling or special tact equipment fabdated or required by Sella for the purpose of Oniayy this onler, such special tooling equipment and any process sheen related thereto shall becona rhe poperty of the Buyer and to the extent feasible Oran be idatOOed by Live Seller as such. & WARRANTY-PRiCE. a. The pica to be paid by the Byer shall be that contained in Seller's bid which Sella overtrain to be no bight shin Sella's current process on enders by odors for plod" of the kind and spedficadoo covecod by this agramod for simitar gtnraitia uanbt similar of like conditions and meUod s of purehvet to the event Sella breaches this war.- ly. the prices of the items shall be reduced to this Setter's euriad prices on orders by others, or in do .Otandive. Byer may erred this contract wiWad liability to Sella for breadth or Seller's sexual expense. it. Tho Seller warrants that no person or selling agency has been employed or rdainad to soliedl orscare this tbnfract upon m agreement or otderstandirtS fa eotrtmission. percentage. brokeege. or cominscut fes accepting home Ode employees of Www Ode e,tablished commercial or sdltng agencies tnainlatnal by the Sella for the purpose of securing business. For treads of viciarion of this warranty the Buys dull have the sight in idkntion to any other right of rights to caned this cadract without liability and to deduce from the corand price. or oherwise nems winhou liability and to dahsct prom the ewturact pica, or otherwise recaver the real mount of such corordssicn. ixmmuages, brokerage or contingent fee. 9. WARRANTY-PROOUCr. Sella shall not limit or esdudfe any implied w3rmaiQ and cry attempt to db so +lull tads this comtrad voidable at the option of the Byer. Sella warrants that the goods Ormi%hed will conform to the spocitkatiats ,bearings. and desuriptihra lived in the bid int itaion. rod to the sartph(s) furnished by the Selter, if arty. In the e%em dela curttid or between the specifications. dmainim and desaipions, the specification shall groan 4otwithaantnng any provisions contained in the contract al aypeamnt. tier Seller repmauts and warrents fault -Ree pr(onrunce and fault -int result in the Processing data and data Mired dna lincluding, but not limited to csiculming, ernpenng and serpomcins) of all ha dwae, soRwan sad trmwae products delivered and unites provided under this Contract. indi%iduslly or in combimrian, is the case may be Men the dkdd%s date of ibis Contract. ila obGg ai.nscunuinal herdo apply to prdnts and services provided by the Sella, its wb- Seller or any third party involved in she aealion or development of tine products and senices to be delivered to the City of Lubbock under this Ccr h3a Failure to comply with .ury of the dttigaierts contained herein. hnsy result in rho City of lubbisk availing iisdf of my of its n6lin ruler rho law and under this Contract including, but not limited t% its right patairting to wnrunirion or jc(xA int warranties centadned hatio we separate and disvme from my Ober wrtadies eptalled in this Cmtr3ct. and ere not subject to any disclaimer of wanmty. implied or v%peswd, or lirtwitra s of the Sellas Imbthty winch may be specified in this Contract. in i(pcdiees its schn sdlc iI norma or my donamad ineorpmated in this Contract by tefar"m 10. SAFETY WARRANTY. Uller-rvmmF &d the prMW sold to ted Bya %ban confrsmn to me aantvds pmrmulS�le� by tyw U. S. Dep".tstmrnt of 1_aba uruta the Oca,patienil 4afdy and litilib Aa d19110.4a mho event the prahwt Jou owe cod rn toOSHA arkduds. Buys may Mule the pcdtct'ia t,mtcnoe or replxtrm u at the Sellei t e%pemse In the "ted Sella fails to nuke -:hf .srVrtpriate cctration -tithin s ceasanablo rima e7necdcas dna& by Buyer w111 he ere tkSenet t terpene it. NO WARRANIY BY BUYER A0AINSr INFRINGEJIENTS. As put of this contract for ,do Seller tWtn to a$coWn whrsba gtwvds rteuuhfattuet in ateerdaue rah the .pealierions attached to this tgrerment well Sae iia to the righted claim of my third pasts by way of infringemrnt of the like. nuya makes no warmly that the production of goods according to the gwificadoo will not Site dw to uwh a claim. and in no event shall Buy ce he liable to Sella for indannificanan in the event chat Sella is sued on the Smmds of infringement *(the like. If Sella is of the opinion that m infringement or the like will result, he uttl notify the Buyer to this cried in welting within two weeks .ata the signing of this agreement. If Buyer doe not tccci%o ndico and is subsequtatdy held liable for the inhingenent or the like, Sella will sate Buyer harmless. if Sella in good faith ascertains rho production of the goods in acanttnee with the specifications will result in iaOinganent or rho hke, the contract shall be nu l and vuid. 11. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at dell%cry before soccyrinS therm I3. CANCELLIFION. Buyer %hall hate the right to caned for default all or any part or the oa&lhered porion of this order if Sella breaches any of the terms hereat including w rtattllclt of Sella or if the Sella beeams inrohtnt or ovaunits acts of bankruptcy, Stroh right of cmdlation is in addition to and, not in lieu of any other remedies which Buyer may have in law or equity. li. TERMINATION. tiro perfomnmce orwork underthis only maybe terminated in whole. or in part by the Buyer in accordutce with this provision. Termination of work hactmder shall be effected by rhe dalivery of the Seller of a' ;Yutice of Te ninalion' apect6ing the ;%tent to which palsamunce of wend; tench the order is terminated amt the date upon which etch tenminadca becomes drective. Such right or termination is in addition to AN not in lieu of the rights of Buyer set fonh in Clause 13, haeln. 13. FORCE MUEURL Neither party shall be held responsible for losses, resulting if the fulfillment of any [arms of pro$ salons of this contract is delayed or prevented by any a sso trot within the control of the party when p albrinmoe is interfaed with, and which by the exactas of seasonable diligam said party Is unable to prevrnt. 16. ASSIGNMF?IT-DELEOATION, No doll or Interco in Ihds oomrad shall be assigned or delegation of any obligation "rade by Seller without the written permdsaion of the Buysx. Any attempted iallipttnnd or ddtpd m by Sella "be wholly void and totally inotTeclive for all purpose unless made in ennfamity with this paragraph. 17. WAIVER. No claim a rigN adsing oW of a breach of this comtrad can bo dischaged in whale or in pat by a waiver or renunciation of the claim or it& unless the waiva at timmiclaslon is supported by wnddention aid Is In writiall signed by the oihpiaved pasty. i& INTERPRErATION-PAROLE EVIDENCL Miswriting, plus any spedBations far bids and performance provided by Buyer in its advatisanat fa bids, and any other documents pnnided by Sella as pat of his bid. is Intended by rhe panda as a Raul expnulea of their agreement and Intended also as a complete and esdurive stalansent of the tams of their agreement. Whenever a tan dellned by this Unifttrm Commercial Code Is used in this sipcenuem, the dd(rdtion contained in elm Co& Is to control. 19, APPLICABLE LAW. This agreement shag be governed by the Uniform Com scrdal Code. What aver the tam 'Unifeetn Conuttereial Code" is used. it shall be construed ere meaning the Utriform Commercial Code as adopted in the Stara of Texan as elTative and in fora on the dtste of Wer aipeerrnad. I0. RIGHT TO ASSURANCE. Whatever aro piny to Ods cadrul in good (kith hiss reason to question the cher party's intent to perform he may demand the the other parry give written assurance of his intent to perform fa the evert that a demand Is mads and no assurance is Siva within five (3) days, the demanding patty may heat title MIUM as an anticipatory repaiiadom of tho contract. II. INDEMNIFICATION. Sella shall imtawtiy, keep amt save hamdess the Byer, its agents. QMcials and employees agaitne all injuria, skotlts, loss, damages, claims. patient daiins, suits. liabilities, jtalgrtsams, emus and o"crusest which may to anywise acme .tdainst The Byer in couegmue of the grating of this Camsad or which may at" in result therefrom, whether or riot it shall be alleVill at determined Due the ad was caused Quo tits ncgligimce or omission of rhe Shca Or its anployed, Of of the uWdla or asOgnet a ill employcos, if any. and the Seita shall. d his awn espouse. appeat, defend and pay all charges of attorneys atd all otos and who esperoes mill"S thaeRam of incurred in eonnedlon therewith, and. if sy judgment thill be iadaN aSsinst the Biqa In any arch action, the Sena aledL, al its a" e•spenw% satisfy ail disrharp the wins Sella espresslyr outentands and agree that any brand eaiijud by this erurad. or otherwita provided by Sella, shag in to way limit the responsibility to Indemnity. keep aid ate harmless and dderd t!N Byer as htMn prat tela& »r. TIME It is haft cspreatyr agseed and understood that time is of the essertce fir the pufa na ce of this contrail, sad raihhre by contract to rued the time specifications of ibis agreaaenl will caws Sella to be in default of this agrocment. i3. MBE. rite Ciry of Lubbock hereby notifies all hi%klas that in regard to any contract entered into purnima to this raptev, nnirrniry .sad wamcn business enderprisa a ill tv aTord%d t%Iual opportunities to adWtdt bids in impose to this invitation amt will not be divaininated aSairua on she grumds of rico, cola, res a neural origin in consideration form as and. .M. NON.ARBRRAHON. the City resenn the right to esadw any dolor nrusedy available to It bylaw. centrad, etivity. a otherwin, including w ilhout limdluion, the riot to ask joy rd Al fm s of relief in a coot of cwmpdcm jutialhxion. Furhee, the City .hall not be wibloct to any arbitration, peaces prior to etadsing its tttnemfaed right to see! judicial remedy. Rho toaedies set forth herein are comlathe nil rtdtt ercltisi%dq and may bo nmived consnumilly. To Uo mteut of my eotufiice bdwm shin prvvisiam and mala po►itiam ink a rgWc d to, this donunad. this Prov isiva dull control. 1d. Rimir f0 AUOIr. At my date doing the tam of the conasd. or iharafta, the City. or a ,duly amhariiel audit nepesenuUte of rhe Ciry or the Stito of rows. A its aspane and d reasonable times, reserves she right to zulit Cemtractoes records and books relevant to At ser%ita pIvided to the Gory under this Cd u1racL In the e%att tach m audit by the City reveals any emrt or mayst)tnents by the City. Contractor $hall reftad the City the fill urnrmt of such atam"wsds %IN* thirty (N)) days of tach uwtil 11nlinSs, or ted Ciry, at its .'Pett". "~erect the right to dehwt such anwuas ooinS rho Ciry from Any rjytncnis due Contractee. Rev. 02/2012