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HomeMy WebLinkAboutResolution - 2008-R0068 - PO - Green Equipment Company - Crawler_Video Camera Recorder - 02_28_2008Resolution No. 2008-ROO68 February 28, 2008 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a purchase order Contract by and between the City of Lubbock and Green Equipment Company of Fort Worth, Texas, for the purchase of crawler/video camera recorder as per HGAC Contract SCOT-08, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 28th day of February , 2008. DAVID A. MILLER, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams Deputy City Manager/Director of Water Utilities APPROVED AS TO FORM: n Vandiver, Attorney a-fCounsel D Dres/Green Eq u ip08Con Res February 20, 2008 CITY OF LUBBOCK � � I PURCHASE ORDER T06REEN EQUIPMENT COMPANY 2563 GRAVEL OR FORT WORTH TX 76118 Page 1 Date - 2/19/08 Order No. 325029 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK WATER UTILITIES OPERATIONS 402 MUNICIPAL DR LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 4 LUBBOCK, TX 79457 BY: -------------------------------------------- -- -- ---- ---- --(---- ---- -- - - ---- --- -- Ordered 02/06/08 Freight - FOB Destination Frt Prepaid Requested 02/06/08 Taken By - ROBIN HOLDER Delivery PER M. GILLILAND REQ# 30330 HGAC CONTRACT SC01-08 Description / Supplier Ite ---------------------------- ENVIROSIGHT 125 TRUCK MOUNT SYSTEM Ordered UM Unit Cost UM Extension Req. Dt ---------- 1.000 -- EA ----------- 119,331.3000 -- EA ------------ 119,331.30 -------- - 04/14/08 INSURANCE CERTIFICATE REQUIRED PRIOR TO INSTALLATION: Commercial General Liability, per occurrence- Automotive Transport - $300,000 / Any Auto - Combined S300,000 Single Limit City of Lubbock is named as primary additional insured on Auto/General Liability with a Waiver of Subrogation in favor of the City of Lubbock on all coverage. This purchase order encumbers funds in the amount $ 119,331.30 for the purchase of an Envirosight 125 Truck Mount System awarded to Green Equipment Company of Fort Worth, TX on February 28, 2008. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated February 5, 2008 from to Green Equipment Company of Fort Worth, TX and HGAC Contract SCO1-08. Resolution# 2008-R0068 CITY OF LUBB ATTEST: r David A. Milk Mayor Rebee a Garza, City Secretary Total Order ------------------------------ - Terms NET 30 119,331.30 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 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 and total number of containers, e.g. box l of 4 boxes, and (d) the number of the contain bearing the packing slip. Seller shall bar 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 [ASS. 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 delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender ofdelivery of goody must fully comply with all provisions of this contract as to time of delivery, quality and the lice. If a tender is made which does not fully emnfarm, 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 of bis intention to cure and may then make.a conforming tender within the contract time but not afterward. 5. IN VOICES & PAYMENTS. a. Seiler 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 apply agreement number if applicable. invoices shallbe itemized and transportation chugs, 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 200D, Lubbcic:34 Texas 79457. Payment shall not be due until the above instruments am 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 of due City of Lubbock with a view to securing a cantrect or securing favorable treatment with respect to the awarding or attending, or the making of any �ienminatioma with respect to the performing of such a contract. In the event this control 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 coat incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. if the price stated on the We hereof includes the cost of any special tooling or special test equipment fabricatod 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 feaible shall be identified by the Seller as such. 9. WARRANTY -PRICE. a. The prise to be paid by the Buyer shall be that contained in Seller's bid which Sella warrants to be no higher than Seller's current process our orders by others for products of the kind and specification coveted by this agreement for similar quantities under similar of lulce 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 others, or inter 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, pertxntage, brdmuage, or contingent fee excepting bona fide employes of bona fide established commercial or selling agencies maintained by the Seiler for the purpose of securing busiress. For breach of viciation 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 the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Sella shall nor limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Sella warnings that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) famished by the Seller, if any, In the event of a conflict or betwem the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement the Seller represents and warrants fault -free performance and fault -free result im the processing date and dale related data (including, but not limited to calculating, comparing and sequencing) ofadl hardware, software and firmware products delivered and services provided under this Contract, individually or m combination, as the case may be fmm the effective date of this Contract. Also, the Seller warrants the year2D00 calculatiou s 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 herein. The obligations contained herein apply to products and services provided by the Seller, its sub -Seiler 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 itselfofany of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warrantis 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 reference. 10, SAFETY WARRANTY, Seller 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 will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part ofthis contract for sale Seiler 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 by way of infingement of the lice. Buyer mans no warranty that die production of goods according to the specification will riot give rise to such a claim and in no evetit shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of itiftgement of the like. if Sell r is of the opinion that an infringement or the Bike 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 line, Seller will we Buyer harmless. If Seller 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 and void 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goody 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 Seller breaths any of the terms hereof including wartantiw of Seller or if the Seller becomes insolvent or commits acts of beam iptcy. 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 work hermumder shall be effected by the delivery of the Seller of a "Notice ofTermination" specifying the extent to which performatim 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 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for lowes, resulting if the f allmemt of any leans of provisions of this contract is delayed or prevented by any cause not within the control of the forty whose performance is interfered with, and which by the exorcise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shag be assigned or delegation of any obligation made by Seikr without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose untesi 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 part by a waiver or renunciation of the claim or right unless the waiver or nemnci itiom is supported by considtsstim and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus arty specifications for bids and performance provided by Buyer in its advertisement for bide, and any other documents provided by Seller as pan of his hid, 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 they 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 meaming 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 perform he may demand that the other parry give written assurance of bit intent to perf iron, In the event that a demand is made and no assu ante is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the correct. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, agaimst all injuries, deaths loss, damages, claims. patent claims, suits, liabilities, judgments, costs and expanses, which may in anywise aatve 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 negligence or omission of the Seller or its employees, or of tie subSeller or assignee or its employees, if arty. and die Seller sball. 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 expeess, satisfy and discharge the same Seller expressly understands and agrees that any bard required by this contract, or otherwise prov ided by Seller, shall in no way limit the responsibility to indemnify, 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. 08/2005