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HomeMy WebLinkAboutResolution - 2005-R0379 - PO - Service Systems Inc.- Runway Surface Sensor System Upgrade - 08/25/2005Resolution No. 2005-RO379 August 25, 2005 Item 35 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 sole source purchase order for runway surface sensor system upgrade, by and between the City of Lubbock and Service Systems, Inc. of St. Louis, Mo., 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 25th day of August ,�' , 2005. AL, MAYOR ATTEST: Rebecca Garza, City Secretary AS TO CONTENT: Jamis Loomis, Director of Aviation APPROVED AS TO FORM: i' Jo . Knight, Assistan ity Attorney gs/ccdocs/Purc©rder-Service Systems Inc -Sensor upgrade.res July 18, 2005 TO: CITY OF LUBBOCK U R C H A S E ORDER SSI SURFACE SYSTEMS INC 11612 LILBURN PARK ROAD ST LOUIS MO 63146 INVOICE TO: ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK TX. 79437 Page 1 Date 8/12/05 Order No. 280252 000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT 5401 N. MLK BLVD. LUBBOCK TX 79401 BY:. ---------------------- ------ -- ---------- --- --- -- -- -- v - - - - ---- ---- - - - - -- ----- Ordered 07/19/05 Freight FOB Destination Frt Prepaid Requested 08/19/05 Taken By RANDY WOOD Delivery PER SNICHOLSON REQ#26270 Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt --------------------------------------- -- ------- AIRFIELD SENSOR SYSTEM 1.000 EA 52,150.8300 EA 52,150.83 08/19/05 WEATHER STATION ELECTRONICS LX -RPU UPGRADE FOR STANDARD SIZE ENCLOSURE 30X24X12 TRAINING DVD'S & SERVICE AGREEMENT RETRO -FIT BACKPANEL FOR ESP RPU UPGRADE LX -RPU 4 SURFACE SENSOR EXP KIT - ADDS 4 SENSORS RPU SOFTWARE LICENSE, SCAN WEB CUSTOM SERVER HARDWARE 15" SVGA COLOR MONITOR, DIGIBOARD - NEO PCI 4 PORT EXPANSION USR 56K SERVER MODEM,PORT SERVER, SCAN WEB SERVER SETUP & CONTIG, MS WINDOWS 2003 SERVER PACK, MS SQL SERVER LICENSE SCAN SEVER DATA LIC, SCAN WEB AIRPORT SOFTWARE 14.0 INSURANCE 14.1 General Liability: Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: 14.1.1 Bodily Injury and Property Damage 14.1.2 Broad Form Contractual Liability 14.1.3 Personal Injury and Advertising Injury 14.1.4 Fire Legal Liability 14.1.5 Products and Completed Operations 14.2 Business Automobile Liability: Contractor's insurance shall contain a combined single limit r T 11 T0: CITY OF LUBBOCK U R C H A S E ORDER SSI SURFACE SYSTEMS INC 11612 LILBURN PARK ROAD ST LOUIS MO 63146 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 3000 LUBBOCK TX. 79457 Page Date Order No. Brn/Plt 2 8/12/05 280252 000 OP 3511 SHIP To: CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT 5401 N. MLK BLVD. LUBBOCK TX 79401 BY: VLt_ Ordered - 07/19/05 Freight - FOB Destination Frt Prepaid Requested - 08/19/05 Taken By - RANDY WOOD Delivery - PER SNICHOLSON REQ#26270 --------------------------------------- --------------------------------------- -------- Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt of at least $500,000 per occurrence, and include coveragefor but not limited to the following: 14.2.1 Bodily injury and Property Damage 14.2.2 Any and all vehicles owned, used or hired 14.3 Professional Liability: Contractor's insurance shall contain a combined single limit of a minimum of $1,000,000 per occurrence and in the aggregate. 14.4 Workers' Compensation and Employers Liability Insurance: Contractor shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workers' compensation insurance coverage by Contractor or any cancellation or non -renewal of workers' compensation insurance coverage for the Contractor shall be a material breach of this contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 14.5 Employer's Liability with limits of at leaset $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Lease. 14.6 Other Insurance Requirements: Contractor agrees to waive its right of recovery against City of Lubbock for all claims and suits against City of Lubbock, which are or may be covered by the above-described insurance coverages. In addition, its insurers, through policy endorsement, T0: CITY OF LUBBOCK U R C H A S E ORDER SSI SURFACE SYSTEMS INC 11612 LILBURN PARK ROAD ST LOUIS MO 63146 Page Date Order No. Brn/Plt 3 8/12/05 280252 000 OP 3511 SHIP T0: CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT 5401 N. MLK BLVD. LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK TX. 79457 BY: 1. Ordered - 07/19/05 Freight - FOB Destination Frt Prepaid Requested - 08/19/05 Taken By - RANDY WOOD Delivery - PER SNICHOLSON REQ#26270 Description / Supplier Ite Ordered UM Unit Cost UM laive their right of subrogation against City of Lubbock for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery and its insurers also waive their right of subrogation against City of Lubbock for loss of its owned or leased property or property under its care, custody, or control. 14.7 Contractor's insurance policies (except Professional Liability and Workers' Compensation) through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidencedpolicies. 14.8 All policies required above (excluding Workers' Compensation and Professional Liability) shall include a severability of interest endorsement and shall name the City of Lubbock as an additional insured with respect to work performed under this Lease. Severability of interest naming City of Lubbock as an additional insured shall be indicated on the certificate of insurance described below. 14.9 Contractor shall provide a Certificate of Insurance to the City of Lubbock as evidence of the required insurance coverage. The Certificate will provide 30 days notice of cancellation. A copy of the required endorsements and waivers of subrogation shall be included in the certificate. Extension Req. Dt CITY OF LUBBOCK Page N� U R C H A S E ORDER Date Order No. 1 Brn/Plt TO: SSI SURFACE SYSTEMS INC 11612 LILBURN PARK ROAD ST LOUIS MO 63146 TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK TX. 79457 SHIP TO, 4 8/12/05 280252 000 OP 3511 CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT 5401 N. MLK BLVD. LUBBOCK TX 79401 BY: V(� Ordered 07/19/05 Freight - FOB Destination Frt Prepaid Requested - 08/19/05 Taken By - RANDY 'WOOD Delivery - PER SNICHOLSON REQ#26270 Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt This purchase order encumbers funds in the amount of $52,150,83 to Surface Systems, Inc of St. Louis, Missouri on August 25, 2005. The following are incorporated into and made part of this purchase order by reference: Quotation submitted by your firm including the Specifications and Service Agreement. CITY OF LU , Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS�TO FORM: ,A11mey Total Order --------------------------------------------------------------------------------.... Terms NET 30 52,150.83 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 goods in accordance with good cornmercial 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 I of 4 boxes, and (d) the number of the container beating 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 requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive an shipments not accompanied by packing lists. 2. SHIPMENT LINDER RESERVATION PROHIBITED. Seller is not authorized to ship the goats under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RJSK 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 tender of delivery ofgoods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is rade 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 lime for perfommance has nor 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. 5, 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, if any, shall 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 are submitted after delivery. 6. GRATUITIES. Time Buyer may, by written notice to the Seiler, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, of any agent or representative of the 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 of any determination$ with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuing to this provision, Buyer shalt be entitled, in addition to any other rights and remedies, to recover or withhold the amount office cost incurred by Seller in providing such graluities. 7 SPECIAL TOOLS & TEST EQUIPMENT. If the price staled 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 of the Buyer and to the extent feasible shall be identified by the Seller as such, 8. 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 she event Seller breaches this warranty, the pnces of the items shall be reduced to the Seller's current pnces 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 Sel lcr 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 from the 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 of the option of the 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) famished by the Seller, if any. In the event of s conflict or between the specifications, drawings, and descriptions, the .specifications shall govern. Notwithstanding any provisions containedin the contractual agreement, the Seller represents and warrants fault -free performance and fauh-free result in the processing date and date related dais (including, but not limited to calculating, comparing end sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. 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 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 of the obligations contained herein, may result in the City of Lubbock availing itself of any 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 m 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 irs this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. G: PU RCHrfERMCOND. DOC 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 Act of 1970, In the event the product does not conform to OSHA standards, Bus, c 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. I 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 of any third persor by way of infringement office like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event drat Seller is sued on the grounds of infringement of the like. If Seller is office opinion that an infringement or the like will result. he will notify the Buyer to this effect in writingwithin 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 harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the dike, 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 Scl ler breaches any of the terms hereof including warrantie 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 may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or r+ part 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 performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of 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 he held responsible for losses, resulting if the fulfillment crony teirm of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent 16. ASSIGNMENT -DELEGATION. No right or inter st m this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all 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 pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. IN. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its Advertisement for bids, and any other documents provided by Seller as part 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 the terms 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 Uniform Commercial Code. 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 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 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 (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suns, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller at its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and al costs and other expenses wising 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 expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required 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 of the essence far 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 bidder 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 la this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award.