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HomeMy WebLinkAboutResolution - 2000-R0242 - PO - Western Industrial Supply LLC - HDPE And Fittings - 07/13/2000Resolution No. 2000-80242 July 13, 2000 Item No. 23 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 with Western Industrial Supply, LLC, to furnish High Density Polyethylene Pipe (HDPE) and Fittings, and all 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 13th ATTEST: APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney dk/Ccdocs/2000Westem1ndus.res Re t Y o City of Lubbock PURCHASE ORDER TO: WESTERN INDUSTRIAL SUPPLY, LLC 2406 ERSKINE LUBBOCK TX 79415 Resolution No. 2000-80242 Page - 1 Date - 7/14/00 Order No. - 182007-000 OP Brn/Plt - 3511 SHIP T0: CITY OF LUBBOCK' WATER UTILITIESOPERATIONS 600 MUNICIPAL DR LUBBOCK TX 79401 Ordered - 07/14/00 Freight - FOB Destination Frt Prepaid Requested - 08/04/00 Placed By - LAURA RITCHIE (806)775-2163 Special Ins ATTN: MATTHEW HARKINS REF ITB #00-140 ............... ... ................ ....................... ..................... Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt 16" HDPE DR 17 PIPE 5300.000 FT 13.9800 FT 74,094.00 08/04/00 16" HDPE 90 DEGREE BENDS 2.000 EA 393.6000 EA 787.20 08/04/00 16" HDPE 45 DEGREE BENDS 2.000 EA 259.0600 EA 518.12 08/04/00 16" HDPE 22.5 DEGREE BENDS 2.000 EA 166.3200 EA 332.64 08/04/00 16" HDPE 11.25 DEGREE 2.000 EA 166.3200 EA 332.64 08/04/00 BENDS 16" HDPE PLUGS 1.000 EA 328.9200 EA 328.92 08/04/00 16" HDPE TEES 1.000 EA 445.1600 EA 445.16 08/04/00 16" X 10" REDUCING TEES 1.000 EA 710.7500 EA 710.75 08/04/00 16" X 8" HDPE REDUCING 1.000 EA 284.4000 EA 284.40 08/04/00 TEES 16" x 6" HDPE REDUCING 7.000 EA 258.4400 EA 1,809.08 08/04/00 .TEES 16" X 4" HDPE REDUCING 4.000 EA 216.3900 EA 865.56 08/04/00 TEES 16" X 10" HDPE REDUCER 2.000 EA 265.8600 EA 531.72 08/04/00 DETECTION TAPE 5300.000 FT .0500 FT 265.00 08/04/00 Sµ s purr ase orderer encum�eaTunds in the amount of $75,156 for a bid awarded Watermaster irrigation of Lubbock, Texas on May 25, 2000 (Resolution #2000-80156) in accordance with your response to ITB 900-102, Diesel Driven Portable Pumps and Accessories. The following are Incorporated Into and made part of this purchase order by reference: bid Itted by your firm incl Ing the Bid Form; Specifications, and General Conditions of ITB #00-150--. CITY OF CK EST ' C4& Windy Sitton, Mayor aythi rnell, ity Secreta APPROV AS TO FORM: 'V't^-"—Total Order William de Haas, Competition and Contracts Manager/Attorney. _ . - .... - - - - - - - - - - - - - - - - - - - - - - - -- - - - ............. ...... ..... ... . . +- Terms NET 30 81,305.19 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 rood commercial practice. Each shipping eonainer shall be clearly and permanently rnUW 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. (e) Container number and coal number of containers. e.g. box 1 of 4 boxes. and (d) the number of the container bearing the packing slip. Seller shall bear cost ofpackaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation Boss and to conform with requirements of common carriers and any applicable speeifiatimiL Buyer's court or weight shall be Boal and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seiler Is not authorized to ship die goods under reservation and co tender of s bill of lading will operate as a leader of goods. 3. TITLE AND RISK OF LOSS. The title and risk of lou of the goods shall cot pan 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 of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is nude which does not fully conform, ibis 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 of his intention to arc cod may then nuke a conforming tender within the contract time but not afterward. S. 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 if applicable. 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 79357. Payment shall oot be due until the above instruments are 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 otherwise, were offered or given by the Seller. or any agent or representative of the Seller, to any officer or employee critic City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or to raking of any 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 die amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price sated on the face hereof includes the east 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 ofthe Buyer and o the extent feasible shall be identifed by de Seller as such. L 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 protea 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 Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by othem or in die alterative. 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 ofbona fide established conuercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the right in addition to any other right of rights o 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 tender this contract voidable at 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 samples) flunhshed by the Seller. ifany. In the event oft conflict or between the specifications. drawings, and descriptions, the specifications shall govern. Notwithsunding any provisions contained in the contractual agreement, die Seller represents and warrants fault -free performance and fault -fru result in the proassing date and date related data (including. but not limited to calculating, compiling and sequencing) of all hardware, software and firmware products delivered and services provided under this Contact, Individually or io combination. as the cue may be from the eff=dve date of this CuntracL Also, the Seller warrants the year= calculations will be recognized and accommodated and will not. In any way, result in hardware, software or firmware fabue. The City of Lubbock, at its sole option, may require the Seller. at say time, to demonstrate the procedures it intends to follow Is order to comply with all the obligations contained berche. The obligations contained herein apply to products and services provided by the SelIerl its sub-SeUer or any third parry involved in the creation or development of the products and cervices to be delivered to the City . of Lubbock under this Con-cL 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 cot limited to, its right pertaining to winination or default The warranties contained herein arc separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or Wtation of the 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 die product sold to tie Buyer shall conform to die standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event to product does not conform to OSHA standards. Buyer OpUItcwrERMCOND.DOC 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, collection trade by Buyer will be at the Seller's expense. It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part ofthis 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 orally third person byway of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rue to such a elahn, and In no event shall Buyerbe liable to Seller for indemnification in the runt that Seller Is sued on the grounds of infringement of the Glee. If Seller is of the opinion that an inftingement or_the like will result, be 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 infthngu mneat or the lice. Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in aaordanee with the specifications will result in infringement or the lice, the contract shall be cull and void. 12. RIGHT OF INSPECTION. Buyer shall have the right a inspect the goods at deliverybefore 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 Seller breaches any of the terns hereof including warranties ofSellcr or If the Seller becomes insolvent or eonunits 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, err in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by die 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 or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause l3, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses. resulting if the fulfillment of any tem: 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 interest in this contract shall be assigned or delegation orally obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffeethhro for all purpose unless nude to conformity with this paragraph. 17. WAIVER No claim or right arising out ora breach of this contract can be discharged in whole or in put 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 die aggrieved parry. 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 part cf hu bid, is intended by die parties as a final expression of their agreement and intended also as a complete and exclusive statement of the ems 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 Uniforn Commercial Code. 1k7tere ever the term "Uniform Commercial Code" is used. it shall be construed as meaning the Uniform Commercial Code as adopted in die Sate of Texas as effective and in fora on the . date of this agreement. 20. RIGHT TO ASSURANCE Whenever one party to this contract in good faith las reason to question the other party's intent to perform he may demand that die other party give written assurance of bis intent to perforin 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 die eontracL 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless die Buyer. its agents. officials and employees, against all injuries, deals, 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 this Contract of 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 ermployees, or of the subSeller or assignee or its employees. [rally, and die Seller shall, at his own expense. appear. defend and pay all chutes of attomeys and an 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 Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond requited by this contact. or otherwise provided by Seller. shall in no way limit the responsibility to indemnhfy, keep and save harmless and defend the Buyer as herein provided. 22. TIME It fs hereby expressly agreed and understood that time Is tribe essence for the performance of this contract. and failure by contract to meet the tune specifications of this agreement will cense Seller to be In default of this agreement. 23. MBE The City of Lubbock bereby notifies all bidders that in regard to any contract entered Into pursuant to this request. minority and women business enterprises will be afforded equal opporataities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award.