HomeMy WebLinkAboutResolution - 2011-R0141 - PO - Heritage Equipment Company Inc.- Level Deck Trailers - 04_14_2011Resolution No. 2011—RO141
April 14, 2011
Item No. 5.19
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. 31005433 for the
purchase of level deck trailers as per ITB I 1-10028-RH, by and between the City of
Lubbock and Heritage Equipment Company, Inc. of Lubbock, Texas, 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 April 14, 2011
TOM NIARTIN, MAYOR
ATTEST:
Garza, City Secretary
APPROVED AS TO CONTENT:
Mark earwoo Assistant City Manager
Chief Information Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Heritage Equipment-PurchaseOrd
March 28, 2011
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TEXAS
TO:
PURCHASE ORDER
HERITAGE EQUIPMENT CO INC
102 SE LOOP 289
LUBBOCK Texas 79404
SHIP TO:
Page - 1
Date - 03/28/2011
Order Number 31005433 000 OP
Branch/Plant 3526
CITY OF LUBBOCK
FLEET SERVICES
204 MUNICIPAL DRIVE
LUBBOCK Texas 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY: OAtvotA
Ordered 03/28/2011 Freight
Requested 06/17/2011 Taken By R HOLDER
Delivery PER C ISSACS REQ 36707 1TB 11-10028-RH
Description/Supplier item Ordered Unit Cost Um
Belshe Trailer - Model T4-2EP 5.000 7,740.0000 EA
Per Specification T-36
Belshe Trailer - Model T4-2EP 2.000 7,840,0000 EA
per specification T-37
Terms NET 30
Extension Request Date
38,700.00 06/17/2011
Total Order
15,680.00 06/17/2011
54,380.00
This purchase order encumbers funds in the amount of $54,380.00, for the purchase of Trailers, awarded on April
14, 2011, to Heritage Equipment Company, Inc., of Lubbock, Texas in accordance with Heritage Equipment's
response to ITB# 11-10028-RH. The following is incorporated into and made part of this purchase order by
reference: bid submitted by your firm in response to City of Lubbock ITB# 11-10028-RH.
Resolution# 2011—RO141
CITY OF LUBBOCK ATTEST;
Tom aM rtin, Mayor Rebecc Garza, City Secretary
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
I . SELLER TO PACKAGE GOODS Seller will package goods in accordance with good
commercial practice. Each shipping container shall he clearly and permanently marked as
Hollows (,a) Seller's name and address. (b) Consignee's name, address and purchase order oI
purcineiv release number and the supply agreement number If applicable. is i Container number
and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container
bearing the packing slip. Seller shall bear cost of packaging unless othenvue provided. Guuds
shall be suitably packed to secure lowest transportation costs and to conform with
requirenems of commun carriers and any applicable specifications. Buyer's count or eight
shall be final and conclusive on shipments not accompanied by packing lists.
Z. 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 actually receives and takes possession of the goods at the point or points of
Li
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
billy comply with all provisions of this contract as to time of delivery, quality and She like. if a
tender is made which does riot 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 ofhis intention to cure and may then
make a conforming tender within the contract time but not aflerward.
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 if applicable. invoices shall be itemized and
transportation charges, if any, shot[ be listed separately. A copy of the bill orlading, 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. Payment shall not be due
until the above instruments are submitted after delivery.
G. 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 font of ententurnuent, gifts
or otherwise, were offered or given by the Seller, or any agent or representative of the Seller,
to anv 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
determinations with respect to Ilse performing of such a contract. In the event this contract is
canceled by Buyer pursuant to this pruvision, Buyer shall be entitled, in addition to am other
rights and rerredics, to recoveror withhold the amount ol'the cost incurred by Seller In
ploviding such gratuities.
?. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the race hereof includes the
cost of any special tooling or special test equipment fabricated or required by Seiler 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.
g. 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
cundihons and methods of purchase. In the event Seiler breaches this warranty, the prices of
the items shall be reduced to the Sellers current prices on orders by others, or in the
alternative. 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 Seller for the purpose of securing business,
For breach of viciatiun 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
tilt full amount of such commission, percentage, brokerage or contingent fee.
4. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
that the goods furnished will conform to the specification, drawings, and descriptions listed m
the bid invitation, and to the sample(s) furnished by the Seller, if any. in the event of a conflict
or between the specifications, drawings, and descriptions, the specifications shall govern.
Notxvithstanding any provisions contained in the contractual a6peement, the Seller represents
and warrants fault -free performance and fault -free result in the processing dale and date related
data linc[uding, but not limited to calculating, comparing and sequencing) of all hai
svfv.me and firmware products delivered and services provided under this Coronet.
niditolually or in combination as the case may be frorn die effective date of this Contract.
Also, the Seller warrants the year2006 calculations will be recognized and accommodated and
will nut, in any way, fesull 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 are separate and discrete from any other warranties specified
in [his 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, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
10 SAFETY WARRANTI'. Seller warmtls that the product sold to the Buyer shall confirm it,
time standards promulgated by the U. S. Department of Labor under the Occupauoli Salon
,anti Health Act of 1970, In foe event the product does not conforin tuOSHA Stardoms. Buvc[
may return the product fur conecuon or repivacmenl at tine Seller a expeL.se In the v%eut
Seller lads to make the appropriate correcuun within it reluunabte nnic. ctirrectroi made hi
BLyer will be at the Seller's expense.
1 I NO WARRANTY 131' BUYER AGAINST LNFRIVCiFMFNTS As part vfthn conuact for
sole Seller agrees to ascertain whether goods manufactured in nccurdanCe will the
Specifications attached to this agreement will give rise to the rightful claim ul any III person
by way of infringement of the like. Buyer makes no warranty that the production ot• gouds
according to tile specification will not give rise to such a claim, and in no event shall Buver he
liable to Seller for indemnification 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 after the signing of ihts
agreement, If Buyer does nut receive notice and is subsequently held liable fur [lie
infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the
production of the goods in accordance with the specillealinns will result in mfrmycnlcnl oI flee
like, the contract shall be null and void.
12. RIGHT OF INSPF.CT➢ON. Buyer shall have the right to inspect the goads al dclncry helorc
accepting them.
13. C'ANCELLATION, Buyer shall have the right to cancel bur dclaulo all or air' pan ul due
undelivered portion ul' Ibis order if Seller Ltrrachcs any ul'the terns hcreul including w.n'tanllcs
of Seller or if the Seller becomes insolvent or commits acts orbankt'upree Such right of
cancellation is in addition to and rot in lieu afany other remcdie, which Buvcr nwy hauc in
law or equity.
14. TERMINATION. The performance of work under this order may he iemumued um whole, of in
part by the Buyer in accordance with this provision. Termination of work hereunder shall he
effected by the delivery of the Seller of a"Notice of Termnmtitin" specifying the extent to
which performance of work under the order is terminated and the dale upnl w hrcll Such
termination becomes effective. Such right or lernmination is tit addnwn ar and nut in hell of the
rights of Buyer set Forth in Clause 13. herein
15_ FORCE MAJEURE. Neither pony shall be held responsible for fosse.,. resulun-_, it the
fulfillment of any terms of provisions of this contract is delayed or presented by any c,m,c not
w ohum the rurnrul of the party whose performance is Interfered ruth, ,Iird which by the vxer.isc
of reasonable diligence said puny is unable to prevent
16 ASSIGNMENT-DELEGATIO, No right or Interest in thl, couu'act shall be assigned err
delegation of any obligauan made by Seller without the written permission of the 131.1yer Am
attempted assignment or delegation by Seller stall he wholly wood and orally mcFFectrc for a
purpose unless node tit conformity with this paragraph.
17. WAIVER. No claim or right ![rising odn ora breach of this contract can he dl,ch,IreL d m whole
or in part by a waiver or renunciation of the claim or right unless die w'aiser Of N1140 lion IS
supported by consideration and is in writing signed by the aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing" plus any Specifications fur buds and
performance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as pan of his bid, is intended by Cite parties as a final expresvuvi of loco
agreement and intended also as a complete and exclusive statement ul the lemts of their
agreement. Whenever if tern defined by the Llnifomi Comlmereml Code is used m Ion
agreement. the definition contained in the Code is to corral.
19. APPLICABLE LAW. This agreement shall be gorcrned or the Gillum CuiI1niQ5clel [rude.
Where ever the term "Uniform Commercial Cale" Is used, it shall be construed as omcaning time
Uniform Commercial Code as adopted In the State ol" fouls its effective and In uric nit the
date of this agreement.
'-I). RIGHT TO ASSURANCE. Whenever one party to this cootroct in good faith has Ic.rson Ill
question the other party's intent to perform he may demand that the other pirrty give women
assurance of his intent to perfamm. In the event that a demand is made and no asur.rnc IS
given within five (5) [lays, the demanding party may treat this Iallure as an arincipatul�,
repudiation of the contract.
21. fNDF.MNIFICATION. Seller shall indemnify. keep and save hairless life Buyer, its agents_
officials and employees, against all injuries, deaths. loss, damages, chums• patent claims, suit,.
habilrties,judgmenls, costs and expcnses. which may in anywise accrue against the Buyer in
conwquence of the granting of this Contract or which may anvwise result therefrri wficihct
or not It shall be alleged or determined that the act l%as caused through eregligen•e uI onIS-W
of the Seller or its employees, or of the subSelier to assignee or its cniphryces, if any. and the
Seller shalt. at hIS own expense. appear, defend and pay all charges of mrnncys and all costs
and tither expenses arising therefrom of incurred of connection theii and. d'uny Judgment
Shall be rendered agalrlfil the Buyer Ili any such action, the Seller shall. ill its own expco,es.
satisfy and discharge the sonic Seller expressly understands and agrees dull lure bond rellutred
by this contract, or otherwise provided by Seller. shall in no way [unit the rd:slxm+dnlity it.
Inderi keep arid save harmless and defend the Buyer as herein ii ied.
22. TIME. It is hereby expressly agreed and understood that time is of the essence for die
performance of this contract, mid 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 ire regard to any varmint entered
into pursuant to.this request, minority and women business enterprises will be atlurded dual
opportunities to submit bids in response to this invitation and will not be disrrinunated agarisl
clothe grounds of race, color, sex or natural origin in consideration fur an award.
lido'. 08 2005
City of lubbock, TX
Fleet Services
Bid Tabulation
April 14, 2011
BID 11-10028-RH
Level Deck Trailers
Resolution No. 2011—RO141
Item Qty U/M DescriptionNendor Location Unit Cost Extended Cost
1 5 EA Tandem Axle Level Deck Trailer per spec T-36
Heritage Equipment Lubbock, TX $7,740
2 EA Tandem Axle Level Deck Trailer per spec T-37
Heritage Equipment
Lubbock, TX 7,840
38,700
15,680
0 Purch— Bid DomROW201 I � I I-Ioo2g-4H-Level Deck Tmik—Tab Sheet