HomeMy WebLinkAboutResolution - 2013-R0270 - PO - Daco Fire Equipment - Fuel Transport Vehicle - 08_22_2013Resolution No. 2013—RO270
August 22, 2013
Item No. 5.6
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. 10009373 for the
purchase of a fuel transport vehicle as per HGAC Contract FS 12-11, by and between the
City of Lubbock and Daco Fire Safety Equipment 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 on August 9.9., 9'03 3
GL C. R BERTSON, MAYOR
ATTEST:
Reb t ca Garza, City Se reta
APPROVED AS TO CONTENT.
- - �'' ?" A;: , - �
Mike Kemp, Fire hief
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Daco Fire Safety Equipment-Purchase0rd
August 05, 2013
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TO:
PURCHASE ORDER
DACO FIRE SAFETY EQUIPMENT
201 AVENUE R
P.O. BOX 5006
LUBBOCK Texas 79408 5006
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
Ordered 08/01/2013 Freight
Requested 08/01/2013 Taken By
Delivery PER M.TREVINO/REQ 41380
Description/Supplier Item
Fuel Transport Vehicle
Terms NET 30 DAYS
Page - 1
Date - 08/08/2013
Order Number 10009373 000 OP
Branch/Plant 100
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
BY
F001119UHM
HGAC CONTRACT FS 12-11
Ordered Unit Cost U_M Extension Request Date
1.000 124,968.0000 EA 124,968.00 12/20/2013
Total Order
124,968.00
This purchase order encumbers funds in the amount of $124,968 awarded to DACO Fire Safety Equipment of
Lubbock, Texas on August 22, 2013. The following is incorporated into and made part of this purchase order by
reference: Price Quotation dated August 6, 2013 from DACO Fire Safety Equipment of Lubbock, Texas and Houston -
Galveston Area Council (H-GAC) Contract FS 12-11. Resolution# W3+ P-CM'70.
CITY OF LUBB CK
Glen C. bertson, Mayor
ATTEST:
P�&� — J��
Reb cca Garza, City Sec et
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERNIS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. 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) Sellers 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 container
bearing the packing slip. Seller shall bear cost ofpackaging 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 not authorized to ship the
goods under reservation and no tender ofa bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. 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 of delivery of goods must
fully comply with all provisions of this contract as to tittle of delivery, quality and the like. Ira
tender is remade which does not Fully conform, Ibis shall constitute a breach and Seller shall not
have the right to substitute a conforming tender, provided, where the time For perfanmance has
not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then
make a conforming tender within the contract lime but not afterward.
5. INVOICES & PAYMENTS. a. Seller 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 supply agreement number if applicable. Invoices
shall be iternized and transportation charges, 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 or Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment
shall not be due until the above instruments are 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 the City of Lubbock with a view to securing a contract or securing
favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract. In the event 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 withhold Ilene amount of the cost incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the
cost of any special tooling or special test equipment fabricated or required by Seller for the
purpose of filling this order, such special tooling equipment and any process sheets related
thereto shall become ilia property of Ilene Buyer and to the extent feasible shall be identified by
ilia Seller as such.
8. WARRANTY -PRICE.
a. 'Ilia price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher than Seller's current process an orders by others for products of die
kind and specification covered by this agreement for similar quantities under similar of like
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of
the items shall be reduced to the Seller's curent prices on orders by others, or in the
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,
percentage, brokerage, or contingent fee excepting bona fide einployces of bona fide
established commercial or selling agencies maintained by the Seller for the purpose of securing
business. 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 frem the contract
price, or otherwise recover without liability and to deduct from the contract price, or otherwise
recover the full amount of such cotmmission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warantics and any
attempt to do so shall lender this contract voidable at the option of the Buyer. Seller warrants
that the goods htmished will eon Form to the specification, drawings, and descriptions listed in
the bid invitation, and to the sampla(s) furnished by the Seller, iF any. In the event ofa conflict
or between the specifications, drawings, and descriptions, (lie specifications shall govern.
Notwithstanding any provisions contained in the contractual agreement, the Seller represents
and warrants fault-fn:e performance and fault -free result in the processing date and date related
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and firmware products delivered and services provided under this Contract,
individually or in combination, as the case may be from the effective date of this Contract.
The obligations contained herein apply to products and services provided by Vie Seller, its sub -
Seller 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 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 Frain any
other warranties specified in this Contract, and are not subject to any disclaimer of warranty,
implied or expressed, or limitation of ilia Seller's liability which may be spcci tied 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
Ifealllt 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 Sellers expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at tie 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 !Hakes no wamnty 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 Seller for indemnification in the event that Seller is sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement or the like will result,
lie 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, Seller will save 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.
l2. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them.
13. CANCELLATION. Buyer shall have die right to cancel for default all or any part of the
undelivered portion of this order if Seller breaches any of the terms fiercer 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 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 ill
part by the Buyer in accordance with this prevision. Termination of work hereunder shall be
effected by the delivery of the Seller of a "Notice of Termination' specifying the extent to
which performance 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 losses, resulting if the
fulfillment orally terms of provisions of this contract is delayed or prevented by any cause not
within the control of the party whose perfomnance is interfered with, and which by the exercise
of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of die Buyer. Any
altelripted assignment or delegation by Seller shall be wholly void and totally ineffective for all
purpose unless !Wade in conformity with this paragraph.
17. WAIVER. No claim or right arising out ofa 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 renunciation is
supported by consideration and is in writing signed by the aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as part of his bid, is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the terns of their
agreement. Whenever a terns defined by the Uniform Cormncrcial Code is used in this
agreement, the definition contained in die 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 ;is meaning the
Uniform Commercial Code as adapted in die State of Texas as effective and in force on the
date of this agreement.
20. BIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party's intent to perform lie 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, the demanding party may treat this failure as an anticipatory
repudiation or tile contract.
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in
consequence of the granting or 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 the subSeller or assignee or its employees, if any, and the
Seller shall, 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 anyjudgment
shall be rendered against the Buyer in any suclm action, the Seller shall, at its own expenses,
satisfy and discharge the sane Seller expressly understands and agrees that any bond required
by this contract, or otherwise provided by Seller, shall in no way limit Elie 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, Tlie City or 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.
24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy available to
it by law, contract, equity, or othenvise, including without limitation, the right to seek any arid
all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to
any arbitration process prior to exercising its unrestricted right to seek judicial remedy, The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently,
To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
25. RIGHT TO AUDIT. At any time during the tern of tine contract, or thereafter, the City, or a
duly authorized audit representative of the City or die State of Texas, at its expense and at
reasonable tittles, reserves the right to audit Contractor's records and books relevant to all
services provided to the City under this Contract. in the event such an audit by the City reveals
any errors or overpayments by the City. Contractor shall refund the City ilia full amount of
such overpayments within thirty (30) days of such audit findings, or the City, at its option,
reserves ilia right to deduct such amounts owing the City from ally payments due Contractor.
Rev. 02/2012
CONTRACT PRICING WORKSHEET
for MOTOR VEHICLES In The State Of Texas
This Form must be prepared by Contractor, and provided to End User to attach to Purchase Order, with copy to H--CAC.
The H-GACjee shall be calculated and shown as a separate line item.
Buying
CITY OF LUBBOCK
Contractor: DACO FIRE EQUIPMENT INC.
Agency:
Contact
D'ANA TORRES
Prepared By: STEVE DAVIS
Person:
Phon6
806-775-2167
Phone: 806-763.-0808
Location City,
LUBBOCK, TX.
Contract No.: FS12-1 I
State:
Date:
8/6/2013
Product Code: DD09
Product
SPECIAL VEHICLE
Descri tion;
A. Item Base Unit Price Per H-GAC Contract:
A:
$115,062,00
B. Published Options (Itemize below and attach additional sheet(s) if necessary)
Code
Description
Cost
Code
Description
Cost
SEE ATTACHED SHEET
Subtotal From Additional Sheet(s):
Subtotal B:
$6,206.00
C. Unpublished Options (Itemize below and attach additional sheet(s) if necessary)
Code
Description
Cost
Code
Description
Cost
0
Subtotal From Additional Sheet(s):
Subtotal C:
Check: Total cost of Unpublished Options (C) cannot exceed 25%of the total of the Base Unit Price plus Published Options (A+B). For this
transaction, the percentage is:
0%
D. Other Price Adjustments (E.G. Installation, Freight, Delivery, Etc_)
EXTENDED FORD WARRANTY 5 YRS 75000 MILES
Subtotal D:
$1,700.00
E. Unit Cost'of Item Before Any Applicable Trade-In/Other Allowances (A+B+C+D)
122,968
Quantity Ordered
X
Subtotal E:
122,968
F. H-GAC Fee Calculation (From Current Fee Tables)
Subtotal F:
2000
G. Trade-In/Other Allowances
rt
Subtotal G:
H.
Total Purchase Price (E+F+G):
124,968
(Please Type, or Print Legibly) Estimated Delivery Date:
ATTACHEMENT
HGAC COOPERATIVE PURCHASING PROGRAM
PRICES OPTIONS - SPECIAL VEHICLE - DD09
CODE
DESCRIPTION
COST
50-15-1200
BATTERIES BROUP 31 12 VOLT. ADD 1
$201
51-15-3600
WHELEN PIONEE PLUS PFP2 DUAL BOTT
$2,690
5201-1300
MARKER LTS INCAN EACH (8)
($408)
53-03-1600
TAIL/ BRAKE/TURN INCAN 4 X 6
($117)
53-03-2400
TAIL/ BRAKE/TURN LED 4 X 6
$253
56-02-1200
56-02-1200 SPKR. CAST 100 WAT sa4301
($243)
56-01-1600
SIREN WHELEN 295 SLSA1
($361)
58-91-1720
TRAFFIC ARROW WHELEN 46"
$1,232
61-01-3100
CABLE REEL HANNAY ECR1600
$1,062
61-04-8200
ROLLER ASSY CABLE REEL 4 WAY SS ROL
$200
61-04-9100
BALL STOP CABLE ORANGE 4
$160
77-07-3100
AIR HOSE LOW PRESS 1/4" TOOLS
$354
77-10-8700
TRAILER HITCH Rr, 1200#
$917
77-11-0600
TRAILER HITCH PWR PLUG 12V 4 PRONG
$266
TOTAL
$6,206