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HomeMy WebLinkAboutResolution - 2009-R0056 - PO - Hall-Mark Fire Apparatus Texas LLC - Brush Pumper Trucks - 02_12_2009Resolution No. 2009—R0056 February 12, 2009 Item No. 5.17 RESOLUTION BE IT RESOLVER 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 the purchase of two brush pumper trucks, by and between the City of Lubbock and Hall -Mark 'Fire Apparatus Texas, LLC of Lewisville, 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 12ttt day of February , 2009. TOM MARTIN, MAYOR ATTEST: Rebe a Garza, City Secretary VED AS TO CONTENT: Cooper,fFire Chief APPROVER S TO FORM: Chad Weaver, Assistant City Attorney Ivw/ccdocs/Chad/Resolutions/RES.Hall-Mark Fire-PurchaseOrd February 2, 2009 CITY OF LUBBOCK Y TO: R C H A S E ORDER HALL -MARK FIRE APPARATUS TEXAS LLC 1590 EAST HIGHWAY 121 BLDG 2 STE 500 AND 600 LEWISVILLE TX 75056 Page - 1 Date - 1/30/09 Order No. - 342488 000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 INVOWE TO: CITY OF Lt BBOCK j ACCOUNTS PAI ABLE P.O. BOX 2000 LUBBOCKTX'90#7 BY: ---- V -------•- -------- Ordered - 01/30/09 Freight - FOB Destination Frt Prepaid Requested - 02/12/09 Taken By ROBIN HOLDER Delivery - PER R SALAZAR REQ# 32252 BUYBOARD CONTRACT# 245-06 Description / Supplier Ite E-ONE PMPR COMMERCIAL PUMPER TRUCK LETTER/STRIPING ALLOWANCES BUYBOARD ADMIN. FEE Ordered UM Unit Cost UM 2,000 EA 173,500.0000 EA 2.000 EA 500.0000 EA 1.000 EA 1,500.0000 EA Extension Req. Dt 347,000.00 08/12/09 1,000.00 08/12/09 1,500.00 08/12/09 This purchase order encumbers funds in the amount of $349,500 awarded on February 12, 2009, to Hall -Mark Fire Apparatus -Texas LLC. of Lewisville, Texas. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated January 30, 2009, from Hall -!Nark Fire Apparatus -Texas LLC. of Lewisville, Texas and BuyBoard Contract 245-06. Resolution# 2009—R0056 CITY OF LUBBOCK (/.40X4W r• Torn Martin, Mayor ATTEST: _'::Q . Rehpr_.r. Garza, City Secre ry Total Order Terms NET 30---------------- -- -- 349,500.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and suyer agree as follows: I. SELLER 1FO PACKAGE GOODS. Seiler will package goods in accordance with good commercial practice. Each ihipping container shall be clearly and petmanctitly merited an follows s a) Seller's more and .tddress. Ib) Ctmsipee's name. address and purchase order or purchase release number and the supply agreement number if applicable. TO Container number and total m umber of containers. e.g. bow, i of 4 bates. and id) the number of the container hearing the packing slip. Stlkr shall hem cost of erackagmg unless otnerwiat provided Goode shall be w itably pukrd to secure lowest uanslwnation costs and to conform with requoam rsts ufcommon carvers .and any applicable ipecillcaeicros Buyer's count or weight dull be ftrnal and conclusive on shipments not accompanied by packing lisp. SHIPMEN T t NDER RESERVA PION PROHIBITED. Seller is not authorized to ship the goods under reservation aid no tender arm bill of lading will operate sa a tender of goods. J. TITLE AN D RISK OF LOSS. The title and risk of loss of the goods shall not pats to Buyer until Buyer actwty ttceives and takes possession of the goods at the point or points of delivery. 4. NO RFPLkCE.VE.NTOF DEFECf11,E TENDER. Everytenderofdelivery ufte"h annt fully comply with all provisions of ibis cmunrn as to fine of delivery, quality and the like. If a fader is made which does mac fully confirm this shmtl constitute a breech and Seller dull not have the nali t to substitute a confarmring tender, provided, where the time for perfmnance has not yet expired the Sella may rnsoeably ndily Buyer of his intention to cuss and may then mate a can forming tender within the contract Hine but not afterward ]. INVOICES d PAYMENTS. a Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery Invoices shell indicate the purchase order or purchaar release numberand the supply appeenem mother if applksbk, lovaiees shall be itemized and mmipt udon chmgm if any, shalt be hated uI I ly. A copy of the bill of Isditg, and the fieigit waybill when applicable, shook! he attached to eke invoice. Mad To: Accounts Payable. City of Lubbock. P. O. Box 20N, Lubbock, Texas 79417. Payment shall not be due until the above instrunta ae submined after delivery. 6. GRATUITIES. The Buyer may, by written notice to rise Setkr, camel this contract without liability to Seller if is is distamined by Buyer that grammes, in tie fort ofatervam iL gift or otherwise, were offered or given by the Seller, or wry agent or representative of the Seller. to any officer or employee of the City of Lubbock with a view to securing a contract or securing fivarabie tie sit set with respect to the awarding or mnendirg, or the making of any ddermiutioa+ with reetpe'et to the performing of such a contract. to the event this contract is canceled by Buyer pursumt In [his pnov sican, Buyer shall be entitled, in addition te my other rights and renedim to recover or withhold the mount of the con incurred by Seller in Providing sash gramiim. 7. SPECIAL TOOLS R TEST EQUIPMENT. If the price stated on The face hereof includes the cost of any special Tooling or speeml trap equipment fabricated or required by Seiler for the purpose of n lling this order. such special tooling equipment and my process rheea retard Thereto shall become the property of tine Buyer and to the extent femibk shall be identified by the Selby an we& L WARRANTY -PRICE. a 71te price to be paid by the Buyer shalt be That contained in Seller's bid which Seller warrants To he no higher thanSeita's current process on orders by oahan for products of the kind and spe;t icariun covcmd by this agreenterst for mmiiar quantities undo similar of like conditions mad inrthods.of purchase. in the event Seiler breaches this warranty, the prices of The items .,hall be reduced to the Scli r'. cwrent pores on orders by others, it in the alternative. Buyer may cancel this conarics wit out liability o Selkr for teach or Seller's actual expenm t. It. The Seller warrants that no per or selling agency has been employed or retained to solicit or secure this contract upon an agreements or understanding for commissbm, percentage, brokerage. or contingent fee excepting buns Ikhr employees of boas fide established commercial or selling agencies maummined by the Seiler for the purpose of securing business. For breach of viciaeioa of (ku win -rty the Buyer shall have the right in addition to any other right of righ4 to cancel this oiMalet without liability .md ro deduce frtion the comsat price" or urherwim recover without liability and to deduct from tin contract price, or otherwise recover the full amaum u(.sucb cummrinsiaa, percentage, brokerage or contingent Fee. 9, WARRANTY-PRODLCT. Sella shall not limit or exclude any implied win in figa and my artanist to do so shall reorder this contract voidable at the eptiun of the Buyer. Seiler watratta that the goods furnished will conform to the +pacification, drawings, and descriptiau listed in The bid invitation. mid to the umpk'f sl furnished by the Seller, if any. In the event arm cori ict or between the .specifirathoma drawing, and dex'riptiona, the specifications shall govern. Notwithstanding any provisions coniatned n the evittrachial agreement. the Sella represents and warrants fault -free performance and fauk-free resuif in the processing Jute and date related Jar I inclelmg, but rein limited to .alcutatmg, ci,mpming and equencurg) of all hardware. ,oflwase and finewae arrxhtcn dettveeed sod vervivm provided under this L',ntracL vlshvr►aelly ,w m 6ambmarhm, a the car may be Inset The ctfeEnve that of this i .interact. Use, The Seiler warmi3 the )ex2000 calculanimis will be nett gritted and acccmtmidrted .soil will nit. in my wayre�uft in hardware, .11viare,r tirmworc failure. the City of [ ubbock. at ITS role opti%a, fey repute the Seller, at my Timd to demunsmate the procedures it a temp to kitlow in order to comply was ail the obligations etmtamed herein. ripe obhigatton contained hercm apply in prrithas and services provded by the Seller, is ,u&Scllerur any third party Involved to the creation or development of the pnxbias and "vices it) be delivered to the City ,of ahbcck under thisC. nmact. Failure to c triply vith any Hofthe,blsgatiuns comamed herein. nay result In the Cityof Lubbock availing streif of any of its rights under The law and ,coder this Contract Including but nor limited to. rs right pettanmg to rermmaitort or default. , he warranties .:Ontained hcrem .are eparate and discrete ham any other warranties ,pecifiied in ibis l'ontrwl. anJ ere mac abject ra ,my dixlaimer of w.irro nty, onplied or expressed, ur limtation of The Sclla'v liability which Inay be pecnfied in This Contract, is appendices, its .schedulers, its annexes or any decurrent mcmitcrated in this L'omtrxt by reference. SAFETY WARR.%NTY Seller warrants that the prudua sold to the Buyer shall cnnforin to the standards pmmulgated by the L. S. Department of Labor under the Occupanenai SaWY and Health \ct of I9'0. In the event the prisduct does m t conform to OSHA standards. 13u"" hnay repro the product For correction or replacemet. at the Seller's expenar. In the evetd Seiler fails to make the appropriate correction within a reasonable ittne, cvrecucn nude h) Buyer will be at the Seller's expense. NO W'.+,RRANTY BY BL YER AGAINST INFRINGEMENTS. As pat of ihis contract lbr sale Seller apses to ascertam whether goods manufiYured in accordance with The ,pecifications attached to this agreement will give rise to the rightful claim of any third pas" by way of infrimgernem of the like. Buyer makes no warnuo that the production of gatxls according to the specification will not give rise to such a clairn. and in no event shall Buyr F'. liable so Seller for indemndication in The event that Seller is sued on the grounds of afringemem of the like. If Seiler is oftleopinion that an inf ingeroent or the like will result. he will notify the Buyer to Ibis effect in writing within two weeks after the.sitpiing of that agree tm r . If Buyer does not receive notice and it subsequently held liable for the infringement or the like. Seller will we Buyer hir ikaa If Seller in g ood forth ,ascertains the production ofdw goods in accordance with the specifications will result in infringement a the like. the context shall be null and void 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepring them. 13. C,104CELLiTION. Buyer shalt have the right 10 Cancel for default ail or any part of the undelivered portion of This order if Seller breaches any of the terms hereof including warrant its of Seller or if the Seller become insolvent or commits acts of bmkruptcy. Such righe of cancellation is in addition to and not in lies army other reslhedits which Buyer may have in law or equity. 14. TERMINATION. The perforrmce of work under this order terry be terrieted in whule, or in pat by the Buyer in accordmee with the provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" spec ifying the extent to which perfoturterre of wort under the ostler is lamitmed and the dine upon which .such tantimatioa becomes effective. Such rittlat or ocinini ence is in addition to aid out in lieu of the rights of Buyer set forth in Clause 13. herein. IS. rORC'E MAJEL RE. Neither party Anil be held responsible far loaca remarking if the fulfillmlral army steno of provisions of Ihis contrria is delayed or prevented by any cause not within the cuntrol of the party whose performance is interfered wish. and which by the exercise of reasonable diligence said parry is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation army obligation me& by Seller wirthous tie written permission of the Buyer. Any attempted assigamerd or delegations by Seiler Asill be wholly void said totally ineffective far all purpose unless minds in eat&rrmity with this paragraph, 17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pat by a waiver or r®hmcumion of the claim or right unku the waives or mnamcinetum is supported by cnaudaatim and y in writing signed by the aggrieved party, Ira. INTERPRETATION -PAROLE EVIDENCE. The writing, plus any specifications for bids and performance provided by Buyer in its adverrucirmsu for hide, and ary other documents provided by Seller as pat of his hid, is intended by the parties as a feral expression of Their agreement and intended also as a complete and exclusive statement of rite term of their agreement. Whenever a term defied by the Uniform Commercial Cork is used in This agreement. the definition contained te the Code a to corm!. 19. APPLICABLE LAW, The agRYmdnt %lull be pwrned by The Uniform Cormier rcial Code. Where ever the tam "Untrarm Cummarid Code" is used it shall be eumshmed ar meaning the t tniform Cormsercid Code as adopted in the Store of Texas on effective and it force on the date of this alternator. 0_0. RIGHT TO ASSLRANCE. Whenever amp perry to the contract in good (kith ban reason to question the other perry'& intent to perform he Inay demand thin the miter parry give written s aurrace of its intent to per ran . In the event That a denoted is made and no assurance u given w ithin five 17) days. the demanding party may meat this faihae ar an anticipatory reptdirion of the contract. 2 t, INDEMNIFICATION. Seller shall indemndy, keep and save hornless Ike Buyer. its agents, ullikish and employees against all injurim &least, kmL damages, clams, parent claims. ,inn" Iiabilain. judgments, costs and expenses which may in aaywise accrue against the Buyer in consequence of the grmting of rho Contract or which may anywise result 1here11om4 whether ,w not it shall be alleged ur determined that the act win caused nkraalda rrcltlipmor it omns%itm ,.fiber Seller or its employees. or rf the wit Seller,r assignee ox its employees, if any. and the Seller hall. A hu own expense, appear, defend and pry all charges o(morneyt rid Al costa and .riser expenses ansmg therefrom of incurred in ciamection therewith, :aid if ass) sudsti ncro hall k,s. kred Sganu The trluyer m my ,wh .} ie.n. the Seiler shall. err ,a ,hvn rxpm ewm atnri and lischuge the ,amp Seller , %pre,.,y mdentmdi sad agrees That an) hard n-quhred by this ,etnoct. tr,,therwose pmv ded by Sella, ,hall in no way lima the ne pmmbrlty Its uklemnify. keep and gave harmless and kilad the Buyer as herein provided 21, FIME. it is hathy, expressly agreed and undervad that time is of ilia essence for the perfcnnwhce of this contract, and failure by �iimrscs to Meet the firms %poerlicaiens ol'this atpecment will cause,Sciler to be in default of this arpuma,. '} %IRE. The City of l obb,xk hcrcbv nrldies all bidders that In regard to any ct nttxt entered into punatant to this request, mitsony and women business enlerpnses will he afforded equal �pporrunnie& to ,ubmt bids its re,purise to shin mvtathm ,stud wttl not be dtscnmmared against .,it the hounds of'race. colur..,es or natural o:ngn in c,nsideranon for m award Rev. 08/2005