HomeMy WebLinkAboutResolution - 2012-R0250 - PO - Southwest International Trucks Inc.- Asphalt Distributor - 06_21_2012Resolution No. 2012—RO250
June 21, 2012
Item No. 5.10
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. 31010557 for the
purchase of an asphalt distributor as per Buyboard No. 358-10, by and between the City
of Lubbock and Southwest International Trucks, Inc. of Arlington, 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 on June 21, 2012
FF
F/',, A , MAYOR
ATTEST:
eb ca Garza, City Secret
APPROVED AS TO C
Scott Snider, Assistant City Managcr
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Southwest International Trucks, Inc.-PurchascOrd
May 23, 2012
4.
ity of
*lu"bbock
TO,
PURCHASE ORDER
SOUTHWEST INTERNATIONAL
2401 E. PIONEER PKWY.
ARLINGTON Texas 76010
INVOICE TO: CITY OF LUBBOCK
ACCOUNT3PAYABLE
P.O. BOX low
LUBBOCK, TX 79437
Ordered 05/22/2012 Freight
Requested 09/24/2012 Taken By
delivery RBR 1 TREVINO REQ 39596
SHIP TO:
Page - 1
Date - 05/23/2012
Order Number 31010557 000 OP
Branch/Plant 3526
CITY OF LUBBOCK
FLEET SERVICES
204 MUNICIPAL DRIVE
LUBBOCK Texas 79404
BUYBOARD CONTRACT #358-10
R HOLDER
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Asphalt Distributor 1.000 153,354.2900 EA 153,354.29 09/24/2012
Total Order
Terms NET DUE ON RECEIPT
153,354.29
This purchase order encumbers funds in the amount of $153,354.29 awarded to Southwest International Trucks, Inc., of
Arlington, TX, on June 21, 2012. The following is incorporated into and made part of this purchase order by reference: Price
quotations dated May 17, 2012 from Southwest International Trucks, Inc., of Arlington, TX and BuyBoard contract No. 358-
10. Resolution# 2012—RO250 .
CITY OF iJ/i/�/f/�///1�
:u'5' if,
Glen
;�.: r
ATTEST:
Rebec a Garza, City Secretary
TF.RNIS AND CONDITIONS
IAIPORT.►NT: READ CAREFULLY
STANDARD fERMSANDCONDITIONS
CITY OF LUBBOCiC,TEX%S
Seller end Buyer agree as follows:
I SELLER To PACKAGE (-+OOOS. Seiler will packap goods in accordance with good
commercial practice. Each shipping cwtuiner shall be clearly and permanently marked as
follows (a) Seller's name and address, (b) Consignee's mum. address and purchase order or
purchaserelease numberand the supplyagreemad number t(applicable, (c) Cnmena number
and total number of cortlainem a g. flux I of 4 born, and id) the number of the container
bearing the packing .lip. Sdkr shall bar cost of pekaggirrg unless otherwise provided Goods
shill be tunably packed to secure fowem transportation casts ad to conform r nib requirements
of convotatt curies and any applicable specdkations. Buyer's coma or weight rhall he final
and comboive on shnpmetra era axagrnand by pecking lists.
2. SHIPMENT UNDER RLSERVAr1ON PROIIIBITED. Seller is not authorized to ship the
goads under tirsarvauon and on under of a bell of lading will operate as a tender dgloats.
3. TITLE AND RISK OF LOSS. The tick aid risk of kse of de pa'di deil not peas to Buyer
until Bayer scwlly recnves and; takes possession of the goods a the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods mum
fully comply sn nth all limismcr a of this contract as to time of delivery, quality said the like, Ifs
tender is made whick does not fully confnm this shall constitute abrade and Seller shill not
have the hillis to substitute a conforming lender. provided where the rim for performance has
not yet expired. the Seller may reasonably nueify Buyer of hie intention to cure and may then
make a confamming sender within the cambia time but not allervvard
i. INVOICES A PAYMENTS. a Seller shall submit. separate invoices, in duplkae. one each
purchase orlon or purchase rebore after each delivery. Invoices dill irndica r the purchase
order or parching release number and the supply agreemem mother if applicable. invoices
shall be itemized and transportation charges. if cry, tall be listed wpwotty. A copy of she
bill of fading, and the WSW waybill white applicable, should be Scathed no Tho invoice. Mal
To. Accounts Payable, City of Lubbock, P. O. Bur 2000. Lubbock Texas 79457. Pay i
shall net be der mil the above mmruneags am submitted after delivery.
6. GRATUtTiES. The Buyer may, by written notice to the Seller, cancel this contract witeut
liability to Seller irk is dwormined by Buyer that gpewitis. le the form of enterteianm4 gird
or otbwwisa, were ortesed or given by the Seller. or cry gpaa or representative of the Seller, to
any ofter or , ;I )ere of tea City of Lubbock with a view to newmhj a contract or staining
favorable treatment with respect to the sanding or amending, or the making of cry
determinations with nespeet to the pufantng at such a cone iM In the event this contrast is
canceled by Buyer ptrsnm to this provision. Buyer shall be emoted its addition to any other
rights and remedies, w recover or withhold the amount of the cod incurred by Seller in
provi li ag such gratuldes.
7. SPECIAL TOOLS A TEST EQUIPMENT. If seta price gated on the Bee hereof includes de
cost of any special looting or special tea equipment fabricated or required by SaiW for the
purpose of filling anti order, such special tooling equipment ad any procton sheets related
thereto shall hacare the property of the Buyer and to she extant fesmble shall be identified by
the Seller an such.
d. WARRANTY -PRICE.
a The prig to be paid M the Buyer shall be that contained in SeIW's bid which Seller
warrants to be on higher dam SelW't current graces on orders by others for prodoets of the
kird and speciffohiue covered by " agreement for similar gtpruldes under similar of like
conditions and pat - I , I of pwchasa In the event Seller breeches this warranty, the prices of
the hem a shell be reduced is the Seller's current price on order by others, or in the
alterrative. Buyer may cancel this contract widmPA liability to Seller for broach or Seller's
actual expos, b. The Seller warwgs Clue m poison or selling agency bat been employed or
rewind a solicit or seen this correct upon an agreement or undsnradlq for co mmssio .
percentage, brokerage, or contest" fee excepting bar Ode engloyase of bore flds
esutblishrd commercial or sedleg apmin mirulead by the Sense for the purpose of secaling
business. For he tech of viciedw of this warwy der Buyer shall bave to right in addition to
any other rigY of fig las in canes, this coetrr, wiiho a liability and to deist ko m to contract
prier, or otherwise recover withal Ilebifity ad to deduct koen de contract prim or otherwise
recover she Rill summit of wah conmikeim percentage. centage. brokerage or cominpm Ilea
9. WARRANTY -PRODUCT. Seller "not Roil or exclude cry implied warrantics eel any
attempt to do se shag rerida this contract voidable on to options of the Buyer. Seller warrmta
that the pods furnished. wig conform to the speciAcatlon, drwings, and descriptions listed in
the bid inviusbam4 sad r der unwWs) hunished by the Seiler, if eny. Ion tho every of ■ confKct
or between the spociBetlae, dnwinp, and dascxiptiote, the specifications shall germ.
Nuivikhuaidteg my providaa contented in to contractual apremsee. de Seller represents
and warrens fade -from perfamsenee rd fkuk-leas moult in as praoesina due and date related
data (iticluding, but rot linerad to calculating, or It ring and sequencing) of all heedware,
softwo a and iimmvre prod" delivered and services provided order this Contract.
individually or is comminh umiom, as the can nay be faro ft effective date of this Comae.
The ubliptiorgs contained betsh apply to products said services provided by to Seller, its sub -
Seller or any third party involved in ale creation or development of am predwas sod nervices r
be delivered to the City of Lubbock under this Comma. Frulre to comply with any of the
obligations contained haai4 my retook in the City of Lubbock availing itself of any of its
rights under the law and under this Contract including. but not limited e, it right pertaining to
termination or default Tb wsrrmues conuind hereon an separate sod disetas from any
other warrmia specified in ibis Ctmisret and mrs not subject is may disckrirwsr of warranty,
implied or enpro sd or natation of the Se1W's liability which my be gecefied in this
Curstraet, its appsodkas, iu shedder, its annexes or any document incorporated In thin
Contract by tefaerhon.
10. SAFETY WARRANTY. Seller warranter thin de product sold to the Buyer sbal conform he
the sandrds pmealgmd by the U. S. Depatmnt of Labor under the Occupational Safety aid
I kahh Act of 1970. let sue overt the psailm does rat conform m OSIIA sudrds, Buyer may
return The produce for ono csion or replacement er lee Sdws expanse. In the evesa Seller
fork to make de appropriate correction wibin a reasonable thee, corn— on ode by Buyer
veal be r the Seller's nperR
[1. 140 WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sake Seller apneas to ascertaim whether goods manufactural in accordance wish the
spocilleatiams ruched is this agreements will give rim to the ridhM clue of my third prams
by way of infringement of the like. Buyer makes no warranty nhr the projection of goo"
according to the specification will not give rise to such a claim, and m no event shall Byer be
liable to Seller for indromfrcuim in the event that SAler is sued on the grounds of
infringement of the like. If Seller is of the opinion that an mfimpaitertr or the Ithe will memo t.
he will nobly the Buyer to this died in writing within two weeks after the tignsng of this
agreement. If Buyer does not receive notice and is wbvequemly held liable for the
infringe enh or the like. Seller will save Buyer harmisia If Seller ion gland faith ascertain the
production of the psis to accordance with the specifications will result in mfsingerrrerrt or the
like, the contrast dull be nud and void
12. RIGHT OF INSPECTION, Buyer shall have the right to inspect the goods a delivery before
accepting !bent.
13. CANCELLATION. Buyer shall have do right is cancel for default all or any part of the
undelivtnd ponim of this order of Seller breaths any of ale terns hereof including warranties
of Seller or if the Seller becomes insolvent or commies acu of brtkn spicy, Such right of
t:owdlehon is in addition to ail not in lieu of any other remedies which Buyer may have in
kw or equity.
14. TERMINATtON. The perfomtwtce of wok under this order may be terminated in whole, or in
pen by the Buyer in accordance with this provision. Termination of work hereunder shall be
affected by the delivery or tie Seller of a "Notice of Ti minion" speeifyhtg the extern to
which pwfbrnemce of work under the order is terminated and the date upon which such
termmalm becco es effective. Such right or tetmiearion in in addition to and not in lieu of the
rights of Buyer set forth in Clause I]. herein.
hi. FORCE MAJEURE. Neither prey vhsfi be held responsible for ktim resuking if the
fal ilhrnern of arty tins of provisions of this contract is delayed or prevented by any cause not
within lie control of the party whose pwfort won is interfered with, and which by the exercise
of remttible diligence said poly Is unable to pavwa
Id ASSIGNMENT-DELEOATION. No risk or interest in this contract shalt be assigned or
delegating of may obliptlon node by Seller without Ihm written permission of the Buyer. Any
utempisd wig amin or delegation by Seller shall be wholly void and totally ineffective for all
purpose unless made in conformity wish title pengraph.
17, WAIVER. No claim or right wising out of a breath of this come sue be dlaclarged in whole
or in pen by a waiver or mmeaWm of &a claim or right u6leas the waiver or renunciation is
supported by considwetian and is in wring/ aided by rho aged Pone'.
18. INTERPRETATION -PAROLE EVID11I4CE. This writing. peke try specifications for bids and
pufn� Provided by Buyer In is adwniamm a for bids, sod any odor dwuamo
provided by Seller as parr of his bid Is intended by the portion as a Rival expsesion of their
agreement and intenhd, also as a complete and exclusive stwnment at the term of their
agsemoL Wherever a tern defend by the Uniform Commercial Cods is used in this
agnenem, to definition contained in the Code its to control,
19. APPLICABLE LAW. This tpaerwo shall be govereed by she Uniform Commercial Code.
Whore ever she was "Uniform CommwcW Code" is uad, it shall be construed an meaning the
Uniform Commmcial Code s adopted in the Sate of Texas as eRroaive and in force on Use
date of this agreement.
20. RIGHT TO ASSURANCE. Whenever one Perry to this contrast in good faith hat reason to
queaties the order prrty's inig to perform he may dmmmd that to other party give written
assurance of his tnenl to pwfor, In the event dui a demand is made ad re assurance is
Salem widda fin (3) do^ to deeranding party may tram this failure as m anticiPneary
rmpvtdis ion of that rnntratx
21. INDEMNIFICATION. Seller shall iri I ity, keep and save homilies to Bayer, its agents,
officials ad employees. aping all injoi m, deaths, lot, drmisiM claim, patent cairn, suiS
liabilika, judgements, come and expatsn, which may in o nywhas accrue aping the Buyer i .
consequence of the pa tang of idle Contract or which may stile rtegdt tesehom whetter
or not It "I be alleged ar detenRnd that the ad wait caused through rlegBl,emne or emission
of the Seller or its ernployank or of the stn&Wft or siren or its empbyeas, if cry. and the
Seller shall, at him own ear appear. deford and pay all chaps of mum" tad all costs
tend other expenses arising thnekam of incurred in connecting nbenwith, mil, if my judp m"
shall be rertdo aping der Bayer in my such aetiem de Seller shag at its awn expenses,
mealy and dlscI I der tree Seller intimately understands and opnso dot any had requhad
by this comtracs, or otherwise provided by Seller, shalt in on way limit the respomibilky to
indemnify. keep and rats bwmkn tend defend the Buyer as herein providsd.
22. TiME. It is hereby expresdy, agreed and; understood thin tlm is of she essence for the
I III mina or this cantasct, ad [shire by cemract to anew ter time spectficatam of this
nip, ihar wig ranee 9elW m ba le tlelkultaldte ag)yernnant.
23. MBE. The City of Lubbock hereby r tifm all bidders that in regard to any contract entered
into Pursuant to this mqunr, mitany ad worsen business ermer,mon will be afforded equal
opportunities to submit bide in response to ibis uivituitin and wig man be diammbnaied spiral
on the paunde of roes, color, sex or natural origin in catsideotion raw an award.
24. NON -ARBITRATION. The City aemorm the right to exercise try right or its svailshk to
i by law, connnnc equity, orotlarwiss, including without linsituiai, the not te seek my and
all farm of relief its a cars of competing jsaisdktion. Further, der City "Ill not be subject to
my aebio: ion process prier to exercising in u rewieiall ng M to ink jtdkisl remedy. The
nnedias eel lath ltwein m cuwMadve and non nckWvc ad my bo ommind cancwmwly.
To ru extent ,a(my confiln botwaa this ptowlsim and another provision has or released tut this
documaiL this provision shag control.
27. RIGHT TO AUDIT. At my rim during the term of the convect, or thlnnsfler, this City, or a
duly sudoo lead audit representative of tha City or the Snare of Texas, at its expense and at
reasonable unsss, tesenes to rights te &nk Coaractof's records sal hosake relevant to xll
services provided to the City under this Contras, to ale event such m anon by the City rcvtals
my etara or overpay in by the City. Connector slid refund the City the full ant.emt of
tuck everpe)snenu wmhim thirty 1301 dqa of such audit hdsnp, or the City, A nv ,ittlaWL
reserves she right lodeduce such aonomu owing dw Ckyi fran my p synams ,tee Contra. too
Rev. 02 2012