Loading...
HomeMy WebLinkAboutResolution - 2012-R0335 - PO - Warren CAT - Refuse Scraper - 09_13_2012Resolution No. 2012-RO335 September 13, 2012 Item No. 5.14 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. 24100285 for the purchase of heavy duty refuse scraper as per RFP 12-10502-C1, by and between the City of Lubbock and Warren CAT, 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 September 13, 2012 A-, -, � 4 V/ GLEN . BERT ON, MAYOR ATTEST: City APPROVED AS TO CONTE T: r Y V .l Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: 1 Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Warren CAT-PurchaseOrd September 4, 2012 j city Of =�:� Lubock UXAS TO PURCHASE ORDER WARREN CAT 702 E SLATON ROAD LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 SHIP TO: Marta Page - I Date - 08/30/2012 Order Number 24100285 000 OP Branch/Plant 241 CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 FA Ordered 08/29/2012 Freight Requested 01/21/2013 Taken By C ISAACS Delivery PER TREVINO_M REQ 38534 PER RFP 12-10502-CI Description/Supplier Item Ordered Unit Cost UM Extension _Request Date CAT 627H Wheel -Tractor Scraper 1.000 792,345.0000 EA 792,345.00 01/21/2013 Warranty 1.000 20,000.0000 EA 20,000,00 01/21/2013 Total Order Terms NET 10 EOM 812,345.00 This purchase order encumbers funds in the amount of $812,345.00, for the purchase of a wheel tractor -scraper awarded on September 13, 2012 to Warren CAT of Lubbock, Texas in accordance with Warren CAT's response to RFP# 12-10502-C1. The following is incorporated into and made part of this purchase order by reference: Proposal Submitted by your firm in response to City of Lubbock RFP# 12-10502-C1. Resolution# CITY OF LUBBOCK Glen C. Robe n, ayor ATTEST: TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCV,"TEXAS Seiler and Buyer agree as follows. 1. SELLER TO PACKAGE GOODS. Seller will package goods in accndance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consign='s name, adders gad purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g, box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller 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. Seller is ant authorised to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goads. 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 PEPLACENtENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contras as to time of delivery, quality and the like If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for perf rrmawc lyts not yet expired, the Seiler may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward 5. INVOICES & PAYMENTS. a Seller shall submit separate invoices, in duplicate, we Each purchase order or purchase release after each delivery, invoices shall &dkxw the purchase order or purchase release number and the supply agreement number if applicable. invoices shall be itemized and transportation charges, if my, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail Ta Accents Payable, City of Lubbock, P. O. Box 2000. Lubbock, Texas 7%57. Payment shall not be due until the above instruments are submitted after delivery, b. GRATUffIES. The Buyer may, by written Poke to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that grstuitias, is the form of entertainment, gifts or otherwiea were offered or given by the Seller, or any aged or representative of the Seller, to any officer or employ= of the City of Lubbock with a view to securing a contract or securing finvorabe treatment with respect to the swarding or arrcndbrg, or the making of any detenninatiorts with respect to the performing of such a contract. In tine event this contract a 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 prig stated on the face hereof includes the coat of soy special tooling or special test equipment fabricated or required by Seller for the purpose of fdling 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. 8. WARRANTY -PRICE. a. The prim to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Sellei m current process on orders by others for products of the kind and specificapa4covered by this agreemem for similar quantities under similar of like conditions and mabods of purchase. In the event Seller breaches this warranty, the prim of the items shall be reduced to the Seller's current prica on orders by othdm, or in the alternative. Buyer may canal this contract without liability to Seller for breador Seller's actual expense, b. The Seller warrants that no person or selling agency ias been employed or retained to solid[ or secure this contract upon an agreement or understanding for commission, p rrntage, brokerage, or contingent fee excepting bona fide aVloyea of boom Bde established cmmmacial or selling agencies maintained by the Seller for the purpose of securing business. For branch of viciation of thu warranty the Buyer shall her the right in addition to any other tight of rights to anal this contract without liability and to deduct from the conran 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 Inc. 9. WARRANTY -PRODUCT. Seller 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 furnished will conform to the specileation, drawings, and descriptions listed in the bid invitation. and to the sampte(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 ogre mnc t, the Seller represents and warrants fault -flex perforaance mad fault -five lentil in the processing data and date related data (inchdding, but not limited to calculating. comparing and 3equ=ckW of all hardware, software and ftnotrare products delivered and services provided ender this Contract, individually or in oombit ation, as the cue may be from the effective date of this Conran. The obligations contained herein apply to products sad services provided by the Sella, its sub - Seller or any third pay involved in the creation or development of the produce and services to be delivered to the City of Lubbock under this Contact. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default The warranties contained herein are separate and discrete from nay other warranho specified in this Contract, and am not subject In, any disclaimer of warranty, implied or expressed, or limitation of die Sella's liability which ray be specified in this Contract, its appendices, its schodues, its anmexes or any document incorporated in this Contract by reference, 10. SAFETY WARRANTY, Seller warrants that the product sold to the Buyer "I confirm to The standards promulgated by the U. S. Department of Labor under die Occupational Safety and Health Act of 1970. to the event the product does not cim&rm to OSHA standards, Buyer may return the product for correction or replacement at the Seler's expense. In the event Seller fails to make the appropriate corroctiis within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller 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 infringement of the like, Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Sella for indeamiRcatioo in the event that Seller is sued on the grounds of infringemeru of the like. If Seller is of tie opinion that an intiingrnreot or" like will reach, be 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 like, Seiler will save Buyer harmless, If Wier in good faith ascertains the production of the goods in accordance with the specifications will resuh in infringement or the like, the contract shall be null and void 12 RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before acaptieg dteun. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivered portico of this order if Setkr breaches my of the terms hrsof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any outer remedies which Buyer may have In law or equity. 14. TERMINATION. The performance ofwork under this order may be terminated in whole, nr in Pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Tertuimtim" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes etitxtive. Such right or to. ination 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 responarfile for Items, resulting if the fulfillment of airy terms of provisions of this contract is delayed or prevented by any cause not within the control of the party wlmse performs == is interfered with, and which by the excraw of reasonable diligence said patty is unable to prevent. I& ASSJONMENT-DELEGATION. No right or ink, in this contract shall be assigned or dolegation of soy obligatica made by Selkr wid wt the written pemussim of the Burs. Any attempted aaignmeat or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with the paragraph, 17. W AiVER. No claim or right arising not of s breech of this contract can be discharged in whole or in put by a waiver or necumcintiae of We 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 specifics tints for bids and performance provided by Boyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intrnded by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreemenr. Whenever a tam 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 cotmmnsW as meaning the Uniform Commercial Code as adopted in the State of Texim as effective and in foram on the dare of this agramaa. 20, RIGHT TO ASSURANCE. Whenever one patty to this contract in good faith has reason to question the odter party'e intent to perform be 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 (5) days, die demanding party may heat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, ins agents, officials and employcea, against all *one&. deaths, lass, damages, claims, patent chaos, sate, liabilities, judgments, costa and expenses, which may in anywise accrue against the Buyer in consequence of the wanting of this Contract or whick may anywise result thavfrom whether or not 4 shall be alleged or determined dot the act was caused through negligence or omission of the Seller or its emrplayeees, or of fbe subSeller or assigner or its employers, if arty, and the Seller shall, at his own expense, appear, defend and pay all charges of atDoroeya and all coats and other expanes arising therefrom of incurred to connection therewith, and. if my judgment shall be rendered opium the Buyer in any such action, the Seller shall, at its oven expetem satisfy and discharge the same Seller expressly understands and agrees the any boas required by this contract, or otherwise provided by SeW shall in no way limit the responsrbilty to indemnify, keep and save harmless and defect 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 mat the time specifications of this agreaodot will cause Seller to he In default of this ispctom a- 23. MB& The City of Lubbock hereby notifies all bidders the 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 agahw on the grounds of race, color, sent or nahuat cxtgin in cunsfdaatwo fa an award. 24, NON -ARBITRATION, The City reserves the right to exercise any right or remedy available to it by law. contract, equity, or otherwise, including without limitation, the right to seek any and cow forms of relief in a coof competent jurisdiction, Further, the City shall not be subject to nay arbitration process prior to exercising its unrestricted right to seer judichd rrmedy. The remedies set forth herein are cumulative and not exclusive, and cosy be exercised cortcurrembe. To the extent of any conflict between this provision aid anther provision m, or related to, this deicwoent this provWoo shall control. 25. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duty authorized audit representative of the City or the State of Texas, at its expanse and at reasonable times, reserves the right to audit C a records and books relevant to all services p ovided to the City under this Conosct.In t8e event such an audit by the City reveals any errors or overpayments by the City, Contractor shall mfumd due City the full tlnwat of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. Rev. OWO12