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HomeMy WebLinkAboutResolution - 2011-R0374 - PO - Altec Industries Inc.- Alec Model AT40M - 08_25_2011Resolution No. 2011—RO374 August 25, 2011 Item No. 5.21 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. 10003500 for the purchase of an Altec Model AT40M aerial device for traffic as per BuyBoard Contract No. 308-08, by and between the City of Lubbock and Altec Industries Incorporated of Waxahachie, 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 August 25, 2011 TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Mark Ye od, Assistant City Manager APPROVED TO ORM: i Chad Weaver, Assistant City Attorney vwxcdocs/RES.Altec Industries, Inc.-Purchase0rd August 11, 2011 itot fI6bcoty of ck TEXAS PURCHASE ORDER Page - 1 Date - 08/10/2011 Order Number 10003500 000 OP Branch/Plant 100 TO: ALTEC INDUSTRIES INC SHIP TO: CITY OF LUBBOCK 1001 SOLON ROAD FLEET SERVICES ___ 206-MUNICIPAAL-DRIVE. LUBBOCK Texas 79403 [INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered 08/25/2011 Freight Requested 04/10/2012 Taken By C ISAACS Delivery PER TREVINOLM REQ 36982 BUYBOARD CONTRACT NO. 308-08 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Cab and Chassis 19,500 GVWR 1.000 123,021.0000 EA 123,021.00 04/10/2012 Spec NV 6743-TR/6743-ARTR Total Order Terms NET DUE ON RECEIPT 123,021.00 This purchase order encumbers funds in the amount of $123,021.00 awarded to Altec Industries Incorporated, of Waxahachie, TX, on August 25, 2011. The following is incorporated into and made part of this purchase order by reference: Price quotation dated July 25, 2011 from Altec Industries Incorporated, of Waxahachie, TX and BuyBoard contract # 308-08. Resolution# 2011-RO374 CITY OF LUBBOCt,K,� ,ATTEST: 5N5-�-- Torfi-Marfin, Mayor - Rebe ca Garza, City ecretary 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 commercial practice, Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's came, 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 l of 4 boxes, and (4) 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 casts and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBrfED. Seller is not authorized to ship the goads under reservation and no tender of a bill of lading will operate as a tender of goads. 3. TITLE AND RISK OF LOSS. The title and risk of Iron 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 of goods must 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 conform, this shall constitute a broach 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 cure and may then make a conforming tender within the contract time but not afterward 5. INVOICES & PAYMENTS. e. 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 79457. Payment shall not be due until the above instruments ace 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 farm of entertainment, gifts or otherwise, were offered or given by the Seller, or arty agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to seeming a contract or securing favorable treatment with respect to the awarding or amending, or the making 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 w ithhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated 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 conditioas and methods of purcbase. 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 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 sailing 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 vitiation of this warranty die Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from die 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, Seiler shall not limit or exclude any implied warranties and any attempt to do so shall Leader this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and desaiptioms listed in the hid invitation, and to the sample(s) f anished by the Seller, if any. In the event of a cooliict or between the specifications, drawings, and descriptions, the specifications shall govern - Notwithstanding any provisions contained in the contractual agrecmait, the Seller represents and warrants fault -fife performararihce and fault -five result in the processing 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 case may be from the effective daft of" Contract Also, the Seiler warrants the yea2000 calculations will be recognized and accommodated and will not, in any way, result in hardwam software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any tieun, to demamstrate the procedures it intends to follow in order to comply with all the obligations contained berein. The obligations contained herein apply to products and services provided by the Seller. its shibSeller or any thud 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 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. its appendices, its schedules, its annexes or any document incorporated in this Contract by rvfereuce. 10. SAFETY WARRANTY. Seiler warrants that the product sold to the Buyer chats conform to the standards promulgated by the U. S. DepaHment of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buys 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 Sellers expense. 11, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to asoertaie whether goods manufactured in accordance with the specifications attached tothis agreement will give rise to the rightful claim of any third person byway of infingement of the lhice. 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 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 this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the lilts, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will msah 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 part of the undelivered portion of this order if Setter breaches any of the to hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of banimupfcy. 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 in part by the Buyer in accordance with this provision. Termination of wok 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 tereninatcd 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 13, herein. 15. FORCE MAJEURE. Neither parry shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of tin 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 of my obligation made by Seller without the written permission of the Buyer. Any attempted assignment at 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 not of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration end is m writing signed by the aggrieved party. 19. 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 die bid, is intended by the parties as'a Canal expression of their agreement and intended also as a complete and exclusive statemem 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 petty to this contract in good faith has reason to question the other party's intent to perform W 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 meat 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, suits, liabilities, judgments, costa and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom4 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 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 all 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 medastands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemmify, 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 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 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 on the grounds of race, color, sex or natural origin in consideration for an award Rev. 09/2005