HomeMy WebLinkAboutResolution - 2009-R0007 - PO - Bee Equipment Sales LTD - Broom Sweeper - 01_08_2009Resolution No. 2009-R0007
January 8, 2009
Item No. 5.14
RJ ESOLUTION
BE IT RESOLVED BY THE CTIY 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 the
purchase of a broom sweeper as per Buy Board Contract #268-07, by and between the
City of Lubbock and Bee Equipment Sales, LTD 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 this 8th day of _ January , 2009.
TOM MARTIN, MAYOR
ATTEST.
Da�� '-�
Reb c2 Garza, City Secretary '�S7
APPROVED AS TO CONTENT:
Ma+YL46od, As 'stant City Manager
Chie Information Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw/ccdoes/Chad/Resolutions/RES.Bee Equipment Sales-PurchaseOrd
December 23, 2008
TO
PURCHASE ORDER
BEE EQUIPMENT SALES LTD
PO BOX 3906
LUBBOCK TX 79452 3906
Page - 1
Date - 12/19/08
Order No. - 340888 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
STREET DEPARTMENT
202 MUNICIPAL DR
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAVABLE
P.O. BOX 2000 �'
LUBBOCK. TX 79457 BY': �r ,
Ordered - 12/19/08 Freight - FOB Destination Frt Prepaid
Requested 01/08/09 Taken By - FELIX ORTA
Delivery PER B. BEARDEN REQ# 32040 BUYBOARD CONTRACT# 268-07
------------------------------------------------------------------------------
Description / Supplier Ite
-----•---------------------
BROCE BROOM RJ350 SWEEPER
DYNAPAC CC142 VIBRATORY
ROLLER
Ordered UM Unit Cost UM Extension
........... -----•---
1.000 EA 35,544.2000 EA 35,544.20
1.000 EA 44,801.8800 EA 44,801.88
Req. Dt
04/08/09
04/08/09
This purchase order encumbers funds in the amount of $80,346.08, awarded on January 08, 2009, to Bee
Equipment Sales LTD., of Lubbock, TX. The following is incorporated into and made part of this purchase order
by reference: Price Quotation dated December 12, 2008, from Bee Equipment Sales LTD., of Lubbock, TX and
BuyBoard Contract 268-07. Resolution# 2009—R0007
CITY OF LUBBOCK
Ifs
X-;P5e—
Tom Martin, Mayor
ATTCST:
Rebec a Garza, City Secretary
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 DAYS 80,346.08
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERiMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1 SELLER TO PACKAGE GOODS. Seller will package goods in accordance %still goad
commercial practice Fach shipping c.mtanur shall toe clearly ,tid permanently marked i s
follows i a) Seller's name and address. ib) Consignee', name, address and purchase order or
purchase release number and the supply agreement number if jppJ icable. Lc) C'onlamcr r nber
and total nund,er of containers, r it box d of 4 bones, and (d)the number of the container
I•var rig the packing Alpo Seller shall hear cost of packaging unless otherwise Frei iJed. Gonda
shall be sultabh packed to secure lowest Iranspnnaiton ci„ts and to confirm wash requi remenls
of ,arum v, earners and any applicable specifications Buyer's count or weight ,hall be final
and conclusive on shipments nix accompanied by packing Irsts.
SHIPMENT L \DER RIFSERS•ATION PROHIBITED. Seiler to not authorized ru ship the
goods under res. ation and no tender ofa Lakl of lading wsll operate as a tender of goods
3. 'TITLE AND RISE: OF LOSS The title and risk of loss orthe goods shall not pans to Buyer
until Buyer actually reciii and takes possession uFthe gaols at the point or points of
delis cry
NO REPi.AC'ENIENTOFDEFECTIVE TFNDER. Even lender ofdcli%enafgoodsmust
fully comply %s nh .di provisions of this contract as to lime of del isery. quality and the like. If a
tender is" winch does not fully con(urm, this shall constitute a hren:h and Seller shall ntr
have the right to substitute a conforming tender, provided, where the time for performance has
not yet evpired, the Seller may reasonably non fy Buyer of his intention to cure and may then
make a coin harming tender within the contract time but not afterward.
5 INVOICES dC P.%N'.NIE\TS
a Seller .hall submit separate mvwces. in duplicate, one each purchase order or purchase
ielease after each delivery. Ifi,onces ,hail indicate the purchase order or purchiue release
number and the supply agreement number of applicable Invoices shall be atemired and
it mspo Cation charges, trans. shall be, listed separately A copy of the bill of lading, and the
fretµht waybill when applicable. should beattached to the invoice MailTin Accounts
Payable, City of Lubbock, P O Box 20t1L1, Lubbock, TQw,ss 79457 Payment shall not be due
until the above instruments are submitted after dchvery.
6 GRATUITIES, The Buyer may, by written notice to the Seller, cancel this contract without
liability Ia Seller i(Qr is deteymineJ by Buyer that gnrudies, Irs the from ul' rcttertauunrn4 gills
or otherwise, were offered or given by the SeNer. tie wry agent or iepresentative of the Seller, to
any officer or employee of the City of Lubbock with a view to securing a contractor securing
fa%or tble treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing ol'such a contract to lbeevent 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 wHhhold the amount of the cost incurred by Seller on
providing such guaranties_
7 SPECIAL TOOLS k TEST EQUIPMENT If the price stated on the face hereof includes the
cost of any special tooling or special test equipment rabrtcated ur required by Seller for the
purpose of filling this order, such special tooling equipment and,my prxess %heels related
Ihcfelo steal I become the property of the Buyer and to the extent feasible shall be identified by
the Seller as such
R. WARRAIITV-PRICE.
a. The price to be paid by the Buver shall be that contained in S¢Iter's bid which Seller
warrants tit he no higher than Seller's current process on orders by others for products of the
kind and specification covered by this agreement t:r similar qu.lntiltes under snndar of like
conJitimn aril nmethals of phudausr- In the event Seller breaches ibis warranty, the prices of
the items shall he reduced to the .Seller's current prices on rJoi by others, nr in the
alternative Buyer may cancel this amtract without liability to Seller for hreach or Seller's
actual e, pens..
I) The Seller warrants that no person or iellmg agency has been employed or rciamed to %olicu
rr secure this contract upon an agreemt ar enunderstanding for commission, percentage,
brokerage, or conuownt tee excepting bona Fide employecr of bona fide c•+mbhshed
commercial or selling agencies maintained by the Seller for the purpose of %ecunriy business
F or hreach of riciatron of this warranty the Buyer shall have the right in addition to any other
right of nghis to cancel this contract without'. ablh+ry and to deduct from the .unraet price. or
offict . iecover without habilay and to deduct from the contract price. or otherwise recover
the fill' .unonm of such commission, percentage, brokerage or contingent fee
't W 1RRANTY-PRCIDUCl' Seller shall nil limit or ex, hide any implied warranties and any
.itlempi to Jn so,Mll ender this comr,,ai %oidahle at the upturn ill'the Buyer Seller witr.mts
that the goods furnished will con from to the npeetlication, drawings, and descriptions listed in
the hid in%uation. and to the sample(s) famished by the Seller, Wary In (he event ofa conflict
or bei,wers the ,pccdicuwms, drawings. and d%neriptions. the specifications shall govern.
\orunlistanding any pinysions contained in the contractual .agreement, the Seller represents
Lind'sar,ants I•aoJt-free perfarmanee and fiulf-free tosuli in the processing date and dale related
data (including, but not limited to calculating, comparing and tequene ng) ofall hardware.
wfluwe and firmware products dedroered and ,en lees prow oded under this Contract.
nidiv+duahly or in combination. as the ease may he From the cffeci:ve Jade of this Cunlrxt
11on, the tieller %%arrtnts the year_L100 calcudauons will be Wilgilizedand accannmcklated.utd
,.It r.,r. in avv •,ai remilt n hard%%are, cRwar, .n Fnrm .Ire failure 1'he Can, .If Luhhock, at
• ,,ie • F,lo in. ir.n rojaure the Seiler. .it .try tome, to lemor,ari a the }:adacJure% n iricmis to
!;+11nw ,I. i,lerto,:ompl, •.�ih all Fieherein fheohhgaliors zomamed
'Quern ipphs toprndgcis,rd>eniccspmt,dedlb, theShcer.its .,uh-Selderorarngthud CAM
,n%ohc,J in the creation rr de%edupmeni of the products and services to he deli%ened to the City
of i.ubbock .inder this C'nntiaet I ililre lit comply with ins of the nli. ontairied
,an con, mag re,udt tit doe Cary of LubFrnk a% adhrg aself of any of ill% nµdrs under the law and
under this Conna,t mckrdmg- but not l inrdel to. its right pertaining to termination nr default.
1 I•e warcm ndrs , 'otamtJ herein are .CpArate •Ind discrete I:om any other warantes .p—tieil
it this Contract. and are not subject to anv dnciatmer of w•ar.gity, implied or expressed, ar
'. muatwn or nhe Seller ,',4hihiv %khtch may he ,pecired m this Crntnxi, its apptndtces, its
thedules. ,ts anoc+ts row any du cun+em incnrpor.tied tit this C.intraci by reference
to S %h ETN ILVARRA\ fir Seller warrants that the product sold to the Buyer shall canti+mm la
the standards prop -Opted by the I S D,•partmeon of Labor Q.nder the Occupational Safern and
I lealth Act rf 11170 In the v ent the product dd+es n,+t conform to OS 111.1. ,Iardard,. Buy tr may
rectum the priducI for coaccrion or rtp%Licement in the Sellers expense In 1:w •tent Set Ic,
fads to make the appropnaie correction within a reasonable nine, correction made by Buyer
,till lit at the Seller's expense
I I \O H ARR tNTY BY BI NFR .SOAP`S f 1\FRI NUFME\TS As pan of this contract for
sale Seller agrees to ascertain whether goods manufactured in ,wrrrdance will- the
specilical nit anachrJ to this agreement will give rise to the ntntftii loins ofanv thud person
by way of mfnngemcnt of the like Buyer makes no %arranry that the pnriucuon .•)'„axis
according to the specs icafwn will not gt,e rise In such a clang and tit no event shrill Buyer he
liable to Seller for mdem nftcahon in the ii that Seller issued on the grounds of
+nfn ngrnent of the like Ili is of the opinion that an infringement or the Islic will a wult.
Ix will nnttl'y. the Buyer In this effect in writing within two weeks after the signing of this
agreement If Buver dues riot receive notice and is subsequently held liable for die
Infringement or the like. Seller will save Buver harmless irseller in good faith ascenain% the
pri,duction of the goods on accordance with the specifications will result in infringement or the
like. the contract shall he null and void.
12. RIGHp OF INSPECTION Buyer :hall have the right to inspect the goods at delivery before
accepting them
13. CANCELLATION Buyer shall have the riAlli to cancel f r dcLwll all ar am µIn of tlme
undelivered portion of this order of Sel let breaches any of the terns hereof usduJ,iny wurranidef
ot'Selier or if the Seller becomes ins lvent or commits cats of linnki icy Stith nghl of
cancellation is in addition to and not in lieu of any other remedies which Buyer may haze to
law or equity
14 TERhIFNATION The performanct of wink under this order may he lerrninreJ m, whole, or in
part by the Buver in accordance with this provision 'ranunalwn of wurk hereunder shrill lie
effected by the delivery of the Seller of a - %tice of Termmatwn" ,peerfymng the extent to
which performance of work under die order is term mated and the date upon which such
termination hecumes elfeehve Such right or termination its in addition to and nor uo lieu of" the
rights of Buyer set Forth in Clause 13, henern.
15 FORCE MAJIFURE. Neither parry shall he held rmpomsible for lasses. resulting irthe
fulfillment of any terms of provisions of this contract is deluged or prevented by any cause not
within the control ofihe party whace performance is interfered with, ,cod which by the eusctse
of reastusable diligence said party is unable to prevent
16 ASSIGNMENT-DEL.EGATiON. No right or interest in this contract ,hail be assigned or
delegation of any Obligation mark by Seller without the written permission of the Buyer. Any
attempled assignment or delegation by Seller shall he %holly ,aid and totally invITrelive for all
purpose unless mark in canformity, with this paragraph.
17 WAIVER. No claim or right amang ofa of a breach of lhis contract can he diseh.irGet in whole
or in pan by a waiver or renunciation of the claim ur right unless the waiver or renunciation is
supported by consideration and is on writing signed by the aggrieved party.
18 IMrERPRETATION-PAROLE EN, IDFNCE This writing. plus arty specifications far bids. and
performance provided by Buyer in its advertisement tor bids, and any other documents
pro, ided by Seller as part of his hid, is intended Ity the parties as a final exprtwvnn of choir
agreement and omended.dso, as a complete and exeiuswe .Lrernern of the terms rid their
agreement Whenever a term defined by the L mf rm C+mmmial Code is used ;it rhos
ltitmement, the definition contained in the Code is to corlml.
Iq APPLIC'ABLELAW FInsagreement, hail] bego,emedbythe Unnf-omoCommercialCode
%y here ever the term `IJmform U,unmerc+al Cole' is used. 4.+hall he em—t-ed as meaning the
L tit form Commercial Code is adopted in the Slate of Texas as effective and in Force not the
date of thm agreement.
70 RIGHT TO ASSLIR.%NCE. Whenever one party to this contract in goad futh his reason to
qucstiun the other pany's intent to purii he may demand that the other party got a written
assurance of his intent to perform. In the event that a demand is made and nil assurance is
green within five 15) days, the demanding pony may treat thus failure as an anticipatory
i epudnmdm e f the contract.
.I INDEMNIFICATION Seller shall ,nden+nrfv, keep.uid,ii%c hammers the Buycr. ,ls aucuts,
odic ads and employees, against all injuries, deaths. lass, damages, claure, paten diams, scuts,
Ii.ebJoties. judgments, costs and expenses, which may in anywise accrue a-amsl the Buser in
consequence oRhe granting ufthis Contract or which may anywise retch therefrom, whether
or not rt shall be alleged nr determined that the .act was caused through rei, -nee nr omission
if the Seller or its employees, or of the suhSeller or assibrw or its cmptov ees, if any- and the
Seller shall, at his own es pence. ,appear, Jo fend and pay ail charges of atterncr s and ail clots
aril.vherespenses.uamg therefrom oiflncurceJ It connection therewatls- .god- d.wvjudgment
,half be rendered .tjcarnst the Buyer in any .-tell attUm. the Seller hall, at its own expepkes,
%alt,fy and discharge the same Seller expressly understands and agii that any bond required
by this comrxt, or otherwise provided In, Seller, shall innil ivav limit the r esptm.,iblhte to
-.+e .. h:-ep an .a•.- ga.,... __. .:n,!-ef.,n...,o , _ !:.:..,n fr:..:ed
11%.IE 11 r.'le.,,ti., o"p„e,. hi aJ:::e.l and : ,,la..,! .,,i tl,_it t.,n, . ,if t'%e z..erce ri,r
(,Crformari of this fnrlrao.l, anti lauigrc hi, contract to meet the time 'poi
"alwo, o} phis
aueement will cause Seller in he in default of this agreement.
:3 141E P.e City of Luhhevk perch, nuldie, all holders chit m r Tard to are a•nn'.set entered
.at-' punduan to tills INelcal, ntnunty end nt:nen hu,,nrs enterprise, will he.otl:,rdo egaai
or!, rtnmties to .ia limn bads in response to this imitation and •t ill not hc,liscnn•, nateJ aganisl
oi, the µroueds of race, ,oior, sex or itaturil unµin n oorwder.niori f or an award
ReV t,812005
EQUIPMENT SALES, LTD.
P. Q BCD( 3906 • Lubbock, Twm 79452-3906 • Ph. 806/745-1511 • Fax 806/7451542
To: City of Lubbock
From: Bee Equipment Sales, Ltd.
This is a Quote for the purchase of one(1) new Dynapac CC142 Vibratory roller
purchased through Buy Board. This machine will come with all the standard
equipment:
DYNAPAC CC142 $54,372.00
TOTAL LIST PRICE $54,372.00
BUY BOARD DISCOUNT 20%-$10,874.40
FRIEGHT $1,304.28
TOTAL PRICE IF PURCHASED THROUGH
BUY BOARD CONTRACT #268-07 $444,801.88
This is a Quote for the purchase of one(1) new Broce Broom RJ350 hydraulic road sweeper
equipment including the following options:
RJ350
AIR STACK EXTENSTION
TURB00PRECLEANER
150 GALLON WATER SYSTEM
SUSPENSION SEAT
TOW BAR WITH SAFTETY CHAINS
AMBER BEACONS
LIGHT GROUP
TOTAL LIST PRICE
BUY BOARD DISCOUTN 8%
TOTAL PRICE IF PURCHASED THROUGH
BUY BOARD CONTRACT #268-07
TOTAL PRICE:
Thank you for this opportuntiy,
Mike Kuehn
Bee Equipment Sales, ltd.
(806}745-1511
(806Y790-5144 cell
(806)-445-0543 fax
i
$35,160.00
$100.00
$210.00
$1,060.00
$300.00
$965.00
$260.00
$580.00
$38,635.00
-$3,090.80
$35,5".20
$80,346.08