HomeMy WebLinkAboutResolution - 2013-R0095 - PO - Daco Fire Equipment - Pumper/Quint - 03/14/2013Resolution No. 2013—R009,5
March 14, 2013
Item No. 5.14 -
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. 10007922 for the
purchase of Rosenbauer Pumpers/Rosenbauer Quint as per HGAC Contract FS 12-11, by
and between the City of Lubbock and DACO Fire Equipment, 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 Marr. 14 , 2n13
GLYT t. lktiBERTSON,MAYOR
ATTEST:
Rebecc Garza, City TecretaU
APPROVED AS TO CONTENT:
r✓I'l� �o
Mike Kemp, Fire Chief
APPROT AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ecdocs/RES.DACO Fire Equipment-Purchase0rd
February 28, 2013
Resolution No. 2013-R0095
City of
lubbo&
i11lAs
TO:
PURCHASE ORDER
DACO FIRE SAFETY EQUIPMENT
201 AVENUE R
P.O. BOX 5006
LUBBOCK Texas 79408 5006
Page - I
Date - 03/01/2013
Order Number 10007922 000 OP
SHIP TO: Branch/Plant 5615
CITY OF LUBBOCK
CENTRAL FIRE STATION COMPLEX
RAULSALAZAR
1515 EAST URSULINE
LUBBOCK Texas 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
(arta AIAMIA Director urchasin 3c C
Ordered 02/28/2013 Freight
Requested 02/28/2014 Taken By D GAMBOA
Delivery PER SALAZAR R REQ 41363 HGAC Contract No FS 12-11
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Rosenbauer 1250 GPM Pumpers 2.000 430,349.0000 EA 860,698.00 02/28/2014
Rosenbauer Quint 78' Rear Mount Ladder 1.000 636,923.0000 EA 636,923.00 02/28/2014
Total Outer
Terms NET 30 DAYS
1,497,621.00
This purchase order encumbers funds In the amount of $1,497,621 awarded to DACO Fire Equipment of Lubbock, Texas, on
March 14, 2013. The following Is incorporated Into and made part of this purchase order by reference: IIGAC Contract FS
12-11Price quotation dated February 27, 2013 from DACO Fire Equipment of Lubbock, Texas Resolution#2013—R0095
CITY OF LUBBOCK
ATTEST:
Glen C. R ertson, Slayor R becca Carza, City Secreta
TERMS AND CONDITIONS
cupmrANT: READ CAREFULLY
STANDARD T£R.►IS AND CONDITIONS
CITY OF LUBBOCK.'rEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good
commercial practice. Each shipping contains shall be clearly and permanently marked is
follows (q Seller's name and &,bees, (b) Consignor's name, address and purchase order or
pmrchue release muoba and the supply agneememn number if applicable, (c) Container number
and total nu nber of containers, e.g. box 1 of J bows, and (d) the number of she container
hearing the puking slip. Sella shall bear cod of packaging un en otherwise prow ided. Goods
shall be suitably puked to secure lowest transportation costs and to conform with requirements
of common carders and any applicable speciftcations. Buyeir s counta woyht shall be final
and conclusi%o on shipnest l mot aceompamiel by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not suthorind to ship the
goads unda teservadon and no tender of a bill of ladling will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. no title and risk of loss of the goods shall not pats to Buyer
crit Bsga actually receives and takes possession of the goods it the point or points of
delis ay.
S. NO REPLkCEtiIENT OF DEFECTIVE TENDER. Every lender of delivery of goods must
fully comply with all povisions of this courad asto litho of vldivery, quality and the like. Ifa
tach is made which does mot maty conform, this shall constitute a breach and Seger shall not
have the eight to substitute a conforming lender. provided. where the tins for performance has
not yet ¢spited, tho Seiler may reasonably ndify Buya of his Intention to ace and may then
make a conforming tenter within the contras time but not afterward
S. INVOICES & PAYMENTS. a. Sella shall submit separate invoices, in dupliato, one each
purchase order or purchase release after each delivery. Invoices shall indicate One purchase
order or purchase release number and the supply ag ec nett number if applicable. levier
shall be Revolted and transportation charges, if any, shall be listed separately. A copy of the
bill of lading, and tis Ikight waybill when applicable, shad" be attached to tis invoice. Mail
To: Accounts Payable. City of Lubbock, P. O. Box 1000. Lubbock. Teas 79457. Paymau
shad not be due until On above instruments ate submitted ager rdefi%ery.
6. GRATUITIES. The Buyer may, by written mice to the Seiler, aneel this contra without
liability to Seilerif it is determined by Buyer that gratuities, in the form of entotaimminent, gifts
or otherwise, were offaed or given by the Sella, or any agent or represenusive of the Sella, to
any officer or empleyee of the City of Lubbock with a view to sawing a contract or securing
favorable treatrmmat with respell to the awarding or amen hig, or the nuking of any
vtetaminuioro with respect to Os performing of such a contract. In the evert this contract is
canceled by Buya pursuant to Ods provision, Buyer scull be cotitled, in addition to any other
rights and ranedies, to recover or withhold the amount of the cast incurred by Seller in
providing such gsatuideL
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the race hereof Includes the
cost of any special tooling or spatial teal cquipmet fabricated or required by Sella for the
Purpose of fluiag this order. such special tooling equipment and any process shag related
thereto shall bacons the property of Oso Buyer and to the extent fele shall be Identified by
On Seller as with
& WARRANTY•PRICE.
a The price to be paid by the Buyer shad be that contained in Seller's bid which Seller
warrants to be no higher than Seiler's current process on orders by others for products of the
kind and specifleaOon covered by this agreement rot similar quuuities under similar of like
conditions and methods of purchase. In the eves Seller brachy this warraaty, the prices of
the items shell be reduced to the Seller's current prices on orders by othas, or in the
alternative. Buya may canod this contract without liability to Seita for breach or Sella s
usual expense. Is. The Sella warrants OW no person or willing agency has been =played or
retained to solicft or secure tills contract upon an agreement or umdastandiog for commission.
percentage, brokerage, or contingent fee excepting bans ode employee of bone fli e
emablMod commercial or selling agencies maintained by the Sella far the purpose of securing
business. For breach of vitiation of this warranty the Buyer shaft have the right in addition to
any other right of rights to catccl this contract without liability ad to deduct flan the comsat
price. or otherwise neem a without liability and to deduct from the contract price, or otherwise
mecma the ftmR anent of such amxmiuias, paeeMagev brokerage or amtimgent he:
9. WA,RR►NTY•PRODUCr. Sella shalt not limit or exclude cry implied warattia and any
Attempt to do so dWI sender this contract voidable at the option of the Buyer. Sella warrants
that the goods Ramified will confirm to the specification, drawings, ,sed descripiaro listed in
the bid ins italion, and to the sample(s) Ibmishad by the Sella, if any. In the event of a conflict
or between the speciftalios, drawings, aid descriptions, the specifications shalt go%em.
Nolaithstandhug any provisional contained in the contractual agreement the Sella repesemes
and warrants fauh•&ee perfannaca and fault.The roup in aha processing date and data related
data (including, but net limited to caleulaft comparing and sequacing) of all hardware,
software and fin ware products dchtered and services provided tuada this Contract,
Individually or in combinsdors, a the case may be from the effeai%a data of this Contract.
The obligations contained haein apply to products and ser ices provided by the Sella, its sub -
Seller orany third poly involved in the creation or development of the products and services to
be delhaed to the City of Lubbock under this CommcL Failure to comply with cry of am
obliganinns cvuai«ed herein, may result in the City of Lubbock availing itself of any of its
rights under the law and under this Contract includtmg, lam not limited to, its right pertaining to
termination or defauls. Thr warsami$ om,intd herein aro separate and disacso from any
other warrami$ %peci:kd in this Contract, and are rot u4ces to any disc) imer of warranty.
trophied or «pressed. or limitation of tdo-Seller's liability which may be specified in this
Contract, its appendices, iii uhahmks,.its_amscxcs or any document incorporated in this
Contract by nefae ce.
10. SAFETY WARRANTY. Seller warrants Ons the ptaluet said to the Buyer shall conform to
the stantlards pmmuhgaial by rhe U. S. Department of Labor under the Oaupmiand Safely and
Health Act of 19M, Lithe event the product does not c iohoonn to OSHA standards. Buyer retry
return the product fol conation or seplacensens at she Seller's expenae. In the event Seller
fails to make the Approprine com+rnon within a reasonable time, correction rmtde by Buya
will be at the Seller's cspense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for
ale Seller agrees to ascertain whether goals manufactured in uccordtue with the
specilicahiaro attached to this Agreement will give rise to the rightful claim of any third peon
by way of infingement of the like. Buya makes no warranty that the production of goofs
acceding to the %{xciflcatdon will not lith a dso to such a elate. and in no n eM shall Buya be
liable to Sella for imk+nniflestion in the event that Seller is stmt on the grounds of
infringement of the like. If Sella is of the opinion that an infringement or the like will resoi%
he will aotity the Buyer to this effect in writing within two weds after the signing of this
agreement. If Buyer don not receive notice and is subuquenfly held liable for the
inftin ganent or the like, Sella will saw Buya humless. If Sella in good faith ascertains the
production of the goads in accordance with the speciflealione will result in inftinganent or the
like, the contract shall be null and void.
Q. RIGHT OF INSPECTION. Buya %hall have ds right to Inspect the goods at delivery before
accepting them.
13. CANCELL\rION. Buya stub hava the right to cancel for defauh all or any pan of the
undeli%ered portion of this order if Sella breaches any of the terra hereof including warranties
of Sella or if the Sella becomes insolvent or commits acts of bankruptcy. Such right of
cancellation to in alldon to and not in lieu of any other remedies which Buyer may have in
law or equity.
IJ. TERMINATION. The performance of wat undo this order may ba terminated in whole, or in
part by the Buya in acwnlme with this provision. Tamimtion of wort hereurda shall be
of ecteJ by nM delivery of she Sella of • "Notice of Termination" spmfjing the event to
which pertanurKo of work ander the onl r is terminated and the date upon which such
leminadon becomes effective. Such right or termination Is in &Milan to and two in lieu of the
rights of Buyer set forth in Clause 13, hada
IS. FORCE MA)EURE. Neither party :hail be held responsible for loss$, resulting if the
fulfillment of any tans of provisions or this contract is delayed or prevented by any cause not
widda the central of the parry whose perf imunae is Euafered wills, and whish by the exercise
of reasonable dillgerce sold party is unable, to prevent.
16. ASSIGNMENT -DELEGATION. No right or Interco in this contract shall be assigned or
delegation of any obligation made by Sella without the written percussion of the Buyer. Any
attempted assignment or delegation by Sella shall be wholly void and totally Ineffective for all
purpose unless made'la conformity with this paragraph.
17. WAIVER Ne eWm oedgM arWrg out of a breach of Ott: emumd can be dinhupd in *holo
or in par by a wai%a or reemustistion of the claim or right unless the waive or renunciation is
supported by consideration and Is In wtitirng signed by the aggrieved parry.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications far bids and
performance provided by Buyer [a its advatisanerit for bids, and any other documents
provided by Sella as put of his bid, is Intended by the parties as a final expresdon of their
agrcanent and Intended also as a cwVtao and exclusive uatemcnt of the cam of their
agreement. Whoever a term doonod by the Uniform Camuereid Coda Is used In this
ag ivemse rot. the definition contained in the Code is to central.
19. APPLICABLE LAW. This agreement dull be governed by the Uniform Commercial Code.
Where ave the teres "Uniform Commercial Codd' is sued. it shall be cotutruod m meaning the
Uniform Commercial Code as adopted In Oe State of Taus as effective and In fare" an the
data of Ibis agreemant,
20. RIGHT TO ASSURANCE. Whenever one party to this contras In good falth has reason to
question the aha "'a intent to perform he may dared that dwe other puny give written
assurance of his intent to perfem . In the event dart a demand is made and no assurance is
gi%en within five (S) days, the demanding Pao' may meat this mum as an anticipatory
repudisdan of the ooatract
21. INDEMNIFICATION. Sella shall indetnmily, keep ud save harmless the Buya, its agents,
olHews and employees, against all injuria. deaths, toss, damages, claims, patent claims, suits,
liabililln, judgments, costs and o%penes, which may in anywise acme apiu m the Buyer in
consequence of the granting of this Contract at which may Anywise result thereflmm, whether
or not it :lull be alleged at determined that Os act was caused drought negligence or emission
of the Sella or ib arptoyen, or of it* wbBdla or assignee or its employees, if Any, and the
Seita shall, u his owe espense tipper. defend and pay all ehages of attorneys and all cots
and other expenses arising theretfom of incurred in canners on ttervwitIL and, if wry judgments
shall be tendered against the Buyer in any such action, the Sega shalt, at its awn espensm
satisfy and discharge, the same Sella expressly understands and agrees the any bond reptfrcd
by this cooltacL or otherwise provided by Sella, shall in no way limit the responsibility to
indenaify. keep and save harden and defend the Buya as herein provided.
22. TIME. It is hereby expressly agreed and understood that time is of the crams ne the
pa(barmace of this contract, and failin by eotarad to mad the limo specification of this
agptxment will aura Sellar to bo in dc&Wt of this agnvmcr .
23. SIDE. Ilse City of Lubbock hereby notifies all b(vk n that in regard to any contract auaed
into pumrsuam to This request, r incrity and woman business entopriscs will be afforded opal
oppamuti(i$ to submit bids in response to this imitation and will not be disaiminalad alWinst
on the grounds ds of race, cola, sex or nit" origin in consideration for an sward.
2J. NON-AROITRA TION. TWO City reserves the right to csoidso any right or remedy available to
it by law, euntract, equity, or otherwise, including without Ilmiluion, mho right to seek arty and
au forma of relief in a tour of camprrnt juris"oa Further, Os City" not be waijoi s to
any arbitration process prior to exercising its Unrestricted right to seek judicial remedy. The
rmalin sat forth haein are cumulative and not exclusive, and may be exercised concurrently.
To the a%tats army conflict between this povision and anther prevision in, or relate! to, (his
document, this provision dull control.
25. RIGHT TO AUDIT. At any time during the term of the camtraa. or tlereaticr, the City, or a
duty auilorited audit representative of the City or the State or Tela; as its expenso snd at
reasonable times, resents the right go Audit CentractoA records and books relevant to Al
services pre ided to the City under this Contract. In the cwent such an audio by the Citym eats
.toy erten or overpayments by the City, Contractor shall refund the City the ILII .utommt of
such mapaymenls within thirty (3o) days of such audit findings, or the City, At its option,
reser n lbs tight to deduct such atsumts aw ing the City Rom any paymauta duo Contractor.
Rev. 0212012