Loading...
HomeMy WebLinkAboutResolution - 2000-R0182 - PO - ABB Power Transmission & Distribution Company - Traffic Signal Equipment - 06/20/2000Resolution No. 2000-R 0182 June 20, 2000 Item No. 31 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 to furnish traffic signal cabinets and controllers per Bid #00-116, by and between the City of Lubbock and ABB Power Transmission & Distribution Company, 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 20th day of ATTEST: Ital Darnell, City Secretary APPROVED AS TO CONTENT: _. Victor Kilman, IPurchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contract Manager/Attorney Ccdocs/P.O-ABB Power Tains & Disth, res June 12, 2000 June 2000. I, 11,41 • •� City of Lubbock P U R C H A S E 0 R D E R TO: ABB POWER T & D COMPANY INC 655 CENTURY POINT LAKE MARY FL 32746 Page - Date - Order No. - Brn/Plt - 1 6/26/00 180612-000 OP 3511 SHIP TO: CITY OF LUBBOCK ELECTRIC DISTRIBUTION CENTER 600 MUNICIPAL DR LUBBOCK TX 79403 Ordered — 06/26/00 Freight - FOB Destination Frt Prepaid Requested - 09/17/00 Placed By - RON SHUFFIELD 775-2170 Special Ins PER BID # 00-116 ATTN: JAMES PARRETT JR. Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt 15 KV METALCLAD SWITCHGEAR, 1.000 EA 346,036.0000 EA 346,036.00 09/17/00 FOR CHALKER SUBSTATION This purchase order encumbers funds in the amount of $346,036 for a bid awarded ASB Power & Distribution Company,Inc. of Lake Mary, Florida on June 20, 2000 (Resolution #2000-110182) In accordance with your response to ITS #00-116, Lubbock Power & Light 15kV Metalelad Switchgear. 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 ITS 900-116. CITY OC A T: = 11,41 I A I I / Windy Si n, kayor4 Ka 'hie ne I, ity Secretary APPROVED AS TO FORM: Total Order William de Haas, Competition and Contracts Manager/Attorney Terms NET 30 346,036.00 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. Sella will package goods to accordance with good commercial practice. Each shipping container shall be clearly and permanently m2rked a (allows (a) Seller's aame and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number ifappliable. (e) Comulaer numbs and total number of containers, eg. box I of 4 boxes, and (d) the number of the container baring the packing slip. Seller shall beat cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirement of common carriers and any appliabie specifications. Buyer's count or wetght 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 operas as a tender of goods. 3. TITLE AND RISK OF LOSS. The tale and risk of lou of the goods shall not pas 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 ofdelivery ofgoods own fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully, confbnm, this shall constitute a brach and SeW shalt not have the right to substitute a conforming tender, provided, where the time for performance las not yet expired, the Seller may reasonably notify Buyer of bis intention to cure and any then nuke a conforming ander within the contract time but not afterward. S. INVOICES & PAYMENTS. L Sella 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. 16120 To: Account Payable. City of Lubbock. P. 0. Box 2000. Lubbock, Texas 79457. Payment shall not be due until the above instrument we submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment. gifts or othawisc, were offered or given by the Seller, or any agent or representative of the Seller, to any offica or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or unending, or she snaking of any determinations with respect to the performing of such a contram 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 to cost incurred by Seller los providing such gratuities. - I SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes die 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 she property of she Buyer and to the extent feasible shall be identified by die Seller as such. tL WARRANTY -PRICE. a. The price to be paid by the Buyer shalt be that contained in Seller's bid which Seller warrant to be no higher than Scliees 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 Seder's current prices on orders by others. or in die attcmative. Buyer any cancel this contract without liability to Seller for breach or Sella's SCOW expense b. The Seller warrant 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 eonnureial or selling agencies maintained by the Seller 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 right 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 commishon, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT Seller shall not limit or exclude any Implied warranties and any attempt to do w shall reader this contract voidable at the option of the Buyer. Seller warrant that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) Punished by the Seller. if any. In the event ofa conflict or between the specifications, drawings, and descflptlons, the specifications stall govern. Notwithstanding any provisions contained in the contractual agreement. the Seder represents and warrant fault -free performance and butt -free result to rte proceslag date and date related data (including. but not limited to calculating. comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the ase may be from the effective date of" Control Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not. in any way. result in hardware, software or furawarc failure. The City of Lubbock, at Its sok option, any require the Seller. at any time, to demonstrate the procedures it intends so follow in order to comply with all the obligations contained bereim. The obligations contained herein apply to products and services provided by the Seller, )ts sub -Seller or any third party Involved in the creation or development of she products and serves to be delivered to the City ! t . of Lubbock trader this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any arks rights under the law and under this Contract including. but not limited to, its right pertaining to termination or defautL The wenanties contained herein are separate and discrete from any other wanaides 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, is appendices, its schedules. its annexes or any document Incorporated In this Contract by reference. 10. SAFETY WARRANTY. Seller warrant 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, Buys Gy mcwrEp, coND.DOC may return the product for correction or replacement at the Seder's expense- in du event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. It. NO WARRANTY BY BUYER AGAINST (INFRINGEMENTS. As part orthis contract for sale Sella agrees to ascamin whether goods manufactured in accordance with the specifications attached to this agreement will give rise to to rightful claim ofany thud pews by way of infringement of the 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 Buyabe liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the Eke. If Seller is of the opinion that an infringement or,like e will result he will notify die Buyer to itis 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 10re. Seller will sate Buyer harmless. If Sella in good faith ascertains die production of the goods in accordance with the specirications will result in infiringenunt cc tit il:e, die contract shalt be unit 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 die right to cancel for def5ult all or any part of the undelivered portion of this order If Seller breaches any of the urns hereof including warrandes of Se11er or if the Seller becomes insolvent or commis acs of bankruptcy. Such right of cancellation is lo addition to and not in lieu of any other remedies which Buyer may have is law or equity. 14. TERMINATION: The performance of work under this order may be terminated in whole, o: in part by the Buyer in accordance with this provision.. Termination of w ork hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent 13 which performance of work under die order is terminated and the date upon which such termination becomes effective. Such tight or termination is in addition to and not in lieu of rhe rights of Buyer ser forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting ifthe fulfiliment of any terms 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 die exercise of reasonable diligence said party Is unable to prevent 16. ASSIGNMENT -DELEGATION. No right or interest to this contract shall be assigned or delegation of any obligation made by Seller without the written permission orthe 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 s breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless die 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 is advertisement for bids, and any other document provided by Seller as part of his bid, is intended by die parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terns of their agreement Whenever a term defined by the Uniform Conmurcial Code is used to 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 die Uniform Commercial Code as adopted in the State ofTexas as effective mid in force on the. date ofthis 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 be may denund that the other party give written assurance of his intent to perform. In the event that a denund is node and no assurance Is given within live (5) days, the demanding parry may treat this failure as an anticipatory repudiation of the contract 21. INDEMNIFICATION. Seller shall indemnify, keep and save harness the Buyer. its agent. officials and employees, against all injuries, deaths. lossv damages. claims, patent Blains, suits. liabilities, judg ents. cost and expenses, which may in anywise accrue against The Buyer in consequence of the granting of this Contrast 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 or its employees, or of the subSeler or assignee or it employees, Unsay, and die Setter shall, at his own expense. appear. defend and pay an charges of attorneys and an cost and other expenses arising therefrom of incurred in connection therewith. and, if any judgement shag be tendered against the Buyer in any such salon, the Seller 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 Seller, dull 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 die Performance of this contract, and failure by contrast to mea the time specifications of this agreement will cause Sella to be is default of this agreement r 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 busincs enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against an at grounds of race, color, sex or natural origin In consideration for as award.