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HomeMy WebLinkAboutResolution - 2003-R0504 - Purchase Order Of Aircraft Rescue And Vehicle - Oshkosh Truck Corporation - 11_06_2003Resolution No. 2003-R 0504 November 6, 2003 Item No. 39 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 for an aircraft rescue and fire fighting vehicle, by and between the City of Lubbock and Oshkosh Truck Corporation of Oshkosh, Wi. 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 6th day of November WCO-Wu_ • ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Mana er APPROVED AS TO FORM: Assistant City Attorney gs/ccdocs/PurchOrder-Oshkosh Trk Corp. res October 24, 2003 City of Lubbock U R C H A S E 0 R D E R TO: OSHKOSH TRUCK CORPORATION BOX 2566 2307 OREGON STREET OSHKOSH WI 54903-2566 Resolution No. 2003—RO504 Page - 1 Date - 10/27/03 Order No. - 250813-000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK LUBBOCK INTERNATIONAL AIRPORT 5401 N. MLK BLVD. LUBBOCK TX 79401 ----------------------------------------------------------------------------------- Ordered - 10/27/03 Freight - FOB Destination Frt Prepaid Requested - 12/06/04 Placed By - BRUCE MACNAIR 775-2163 Special Ins Reference ITB#153-03/BM -------------------------------------------------------------------------------------- Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt ------------------------------------------ ---------------- ----------- ------ -------- Aircraft Rescue and Fire 1.000 EA 619,942.0000 EA 619,942.00 12/06/04 Fighting Vehicle Rated for 1,500-gallons of water, 200-gallons of 6% foam concentrate, and 500-pounds of dry chemical. This purchase order encumbers funds in the amount of $619,942 for the purchase of an Aircraft Rescue and Fire Fighting Vehicle, awarded to Oshkosh Truck Corporation on November 6, 2003, in accordance with your response to ITB#153-03/BM, Aircraft Rescue and Fire Fighting Vehicle. 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 ITB#153-03/BM. CITY O LUB CK ATTEST: 7 Marc McDo , Mayor ebecca Garza, City Secretary APPROVED AS TO FORM: Total Order ------------------------------------------------------------------------------------- Terms NET 30 619,942.00 1000250 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 name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number mad total number of eantainem e.g. box 1 orAl boxes, and (d) the number of the container bearing the packing slip. Sella shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs 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 PROHIBITED. Sella 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 end 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 delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tenderof delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. Ira tender is nude which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tertda, provided, where the time for performance has not yes expired, the Sella may reasonably notify Buyer of his intention to care and ray then make a cordorming tender within the contract time but not aflertvard. S. INVOICES & PAYMENTS. a. 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 if applicable. Invoices shall be itemized and transportation charges, Warty. 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 79437. Payment shall not be due until the above instruments arc 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 grawities, in the form of entertainmen , gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Sella, to any 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 attending, or the making orally 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 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 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. S. 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 conditions and methods ofpurchase. 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 canal 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 Seiler 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 tights 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 commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Sella 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 famished will conform to The specification, drawings, and descriptions listed in 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. Notwithstanding any provisions contained in the contractual agreement, the Seller rcprecents and warrants fault -free performance and fault -flee result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all liardwarl, software and firmware products delivered and services provided under this Contiact. individually or in combination, as de case may be from the effective date of 1W Conract. Also. the Sella warrants the yem2000 calculations will be recognized and accommodated and will not, in any way, result 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 haein. The obligations contained hacin apply to products and services provided by the Seller, its sub -Sella or any third party involved in the creation or development of the products and servings 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 is rights under the law and under this Contract including, but not limited to, its right pertaining to lamination 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 Contras by reference. 10. SAFETY WARRANTY. Sella warrants 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. Buyer 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 wifl be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of" contract for sale Sella agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person byway of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will at give rise to such a chum, and in no event shall Buyer be liable to Sella for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Sella 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 sigaing of this agreement. if Buys does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer hmmdess. If Sella in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null mud void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting than. 13. CANCELLATION. Biqa shall have the right to cancel for default all or any part of the undelivered portion of this order if Sella breaches any of the terms hereof including warmnaes of Sella or if the Sella becomes insolvent orcommits acts of banlwp cy. Such right of cancellation is in addition to and not in lieu of arty other remedies which Buyer my have in law or equity. 14. TERMINATION. The pafotnunce of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Tandration of work 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 terminated and the date upon which such termination becomes effective. Such right or lamination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13. herein. 15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed orprevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasomble diligence said party is unable to prevent. 16, ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Sella 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 a breach of this contract can be discharged in whole or in pan 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 the aggrieved party. 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 of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement 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 party to this contract in good faith has reason to question the other party's intent to perfamr he 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 (S) days, the demanding party may treat this failure cos an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Sella 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, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligeace or omission of the Seller or its employees, or of the subSeller or mssignee or its employees, if any, and the Sella shall, at his own expense, appear, defend and pay all charges of anomeys and all costs and other expenses arising therefrom of incurred in correction therewith, and, if any judgment shall be tendered against the Buyer in any such action, the Sella 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 Seger, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided 22. TIME. h is hereby expressly agreed and understood that time is of the essence for the performance of this contract. and failure by counsel to meat the time spycations of this agreement will cause Seger to be in default of this agremanL 23. MBE. The City of Lubbock hereby ratifies 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. 1000250