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HomeMy WebLinkAboutResolution - 2000-R0336 - PO - Jet Specialty - Furnish Pipes, Valves, & Fittings - 09/27/2000Resolution No. 2000-RO336 September 27, 2000 Item No. 24 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 #00-213 to furnish pipes, valves, and fittings, by and between the City of Lubbock and Jet Specialty, 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 27th day of September , 2000. 1 L wt, w�. ATTEST: Knatku.L LliQ f J,,, Kayt Darnell, City Secretary ' APPROVED AS TO CONTENT: �C Victor Kilman, P rchasin ager APPROVED AS TO FORM: William de Haas, Competition and Contract Manager/Attorney gslcedoeslPurchOrd-JetSpec ialty_res September IS, 2000 Y O o i A City of Lubbock Page 1 P U R C H A S E O R D E R Date 9/28/00 Order No. 187541-000 OP Brn/Plt 3511 T(k JET SPECIALTY 809 WEST -2ND STREET ODESSA TX 79761 SHIP T& CITY OF LUBBOCK WATER UTILITIES 98TH & MILWAUKEE (ANNEXATION AREA) LUBBOCK TX 79424 Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt 6" GATE VALVES 32.000 EA 198.7500 EA 6,360.00 10/13/00 PER BID SPECIFICATIONS, SECTION 02515 8" GATE VALVES 1.000 EA 312.5000 EA 312.50 10/13/00 PER BID SPECIFICATIONS, SECTION 02515 10" GATE VALVES 7.000 EA 468.7500 EA 3,281.25 10/13/00 PER BID SPECIFICATIONS, SECTION 02515 12" GATE VALVES 19.000 EA 631.2500 EA 11,993.75 10/13/00 PER BID SPECIFICATIONS, SECTION 02515 16" GATE VALVES 9.000 EA 1,562.5000 EA 14,062.50 10/13/00 PER BID SPECIFICATIONS, SECTION 02515 This purchase order encumbers funds in the amount of $36,010.00 for a bid awarded to Jet Specialty of Odessa, Texas on September 27, 2000 (Resolution #2000-R0336) in accordance with your response to ITB #00.2 •3, es, Valves & Fittings. The following are incorporated into and made part of this.purcha_se order by refereenccee: �id submitted by your firm incl g the Bid Form; Specifca ns, and General Conditions of ITB #00-213. ITY iU�� . ! / BOCIII REST: 1! r Windy Sitton, Mayor V Rpythie Da kVJI, City Secretary APPROV AS TO FORM: William de Haas, Competition and Contracts ManagerlAttorney Total Order ------------------------------------------------------------------------------------- Terms 20/10, NET 30 36,010.00 TERMS AND CONDITIONS IMPORTANT; READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: t. SELLER TO PACKAGE GOODS. Seller 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) Conslgnea'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 of boxes, and (d) the number 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 requirements of common carriers and any applicable specifications. Buyer's count or wcisM shall be final and conclusive on shipments not accompanied by Packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer acrully receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery orgoods mut fully comply with all provisions of this contract as to time of delivery, quality and the bike. 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 orhis intention to cure and may then nuke a conforming tender within the contract time but not afterward. S. INVOICES & PAYMENTS. a. Seiler 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 if applicable. Invoices shall be iientized and transportation charges, if any, shall be listed separately. A copy of Elie bill of lading, and The freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Paymeat shall not be due until the above instruments arc submitted Aller delivery. 6. GRATUITIES. The Buyer nay by written notice to the Seller, cancel this contract without liability to Scller if it is detemtined by Buyer that gratuities, in the fort ofentenainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee orbs City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making ofany 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 of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. 1f the price stated on the face hereof includes the cost ofany 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 die Seller As such. S. WARRANTY -PRICE. a. The price to be paid by lite 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 coveted by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller 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 may caned this contract without liabiliry 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 agrecmcnt or understanding far commission, percentage, brokerage, or contingent fee excepting bona fide employees ofbona ride established eonuhercial or selling agencies nuinuined by the Seller for the purpose ofsecuring business.. For breach of viciation 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 front die contract price, or otherwise recover without liability And to deduct from the contract price, or otherwise recover the full amount orsuch conunission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any amempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods fum'ished 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 conflict or baween the spccnficalions, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agrecmen4 the Seller represents and warrants fault -free performance and fauft•free result in the processing date and date related data (including, but not limited m calculating, comparing and sequencing) oral] hardware, software and fumtware 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 fumware 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 obligalions 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, nuy result in the City or 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 are 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 oftbe 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 Act of 1970. In the event the product does not conform to OSHA standards, Buyer G.PURCKrTERhtCOND. DOC may reRtm the product for correction or replacement at the Seller's expense. In the event Seller fails to nuke the appropriate correction within a reasonable tine, correction made by Buyer will be at the Seller's expense. i1. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller agrees to ascertain wbelher goods manufactured in accordance with the spcciGcatons attached to this agreement will give rise to the rightful claim ofany third person byway of infringement of the like. Buyer makes no warranty that the production ofgoods according To the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indcmnifhcalion in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks alter the signing of this agreensenL If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Scller in good faith ascertains the Production of the goods in accordance with the specifications will result in infringement or the like, 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 pan ofthe undelivered portion of this order if Seller breaches any of the temts hereof including warrarhties of Seller or ifthe Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remtedies which Buyer may have in law or equity. 14. TERMINATION. The performance or work under this order may be ienninated in whole. or in part by the Buyer in accordance with tris provision. Temtination of [cork hereunder shall be effected by tie delivery of the Seller of a "Notice orTennination" specifying Elie extent ta- which perfonnance of work under lite order is lenninazed and the date upon which such tennination becomes effective. Such right or termination is in addition to and not in lieu orthe tights of Buyer set forth in Clause 13, herein. 15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting ifthe fulfillment ofany terms of provisions of this contract is delayed or prevented by any cause not within the control orthe party whose perfomunce is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation ofany obligation nude by Seller without the wrinen pennission of the Buyer. Any attempted assignment or delegation by Seller shall be %lolly void and totally uheffccuve for all purpose unless nude in conformity with this paragraph. 17. WAIVER. No claim or right arising out ora breach ofthis contract can be discharged in whole or in part by a waiver or renunciation ofthe claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. 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 par of bis bid, is intended by die panics as a final expression of Heir agreement and intended also as a complete and exclusive statement of clue temms ordieir agreement. Whenever a tens defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This Agrennem shall be governed by the Unironn Conhntercul Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Conrntercial Code as adopted in the State afTcsas as effective and in force on die. 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 nuy demand that the other party give written assurance of his intent to perform. In the event that a demand is nude and no assurance is given within fine (5) days• the demanding patty may treat this failure as an anticipatory repudiation or the contract 21. INDEMNIFICATION. Seller shall indemnify, keep and save hanuless the Buyer. its agents, officials and employees, against all injuries, deaths. loss, damages• claims• patent claims• suits, liabilities, judgments. costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of Elis Contract or which may anywise result therefronu whether or not it shall be alleged or determined that the act was caused through negligence or omission of she Seller or its employees, or of the subSeller or assignee or its employees, if any, and Elis Seller shall, at his own expense, appear. defend and pay all charges oranomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rcndcred 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 for the performance of this eontnct, 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 an the grounds of race, color, sex or natural origin in consideration for an award.