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HomeMy WebLinkAboutResolution - 2014-R0164 - PO - Cisco Equipment - Heavy Duty Equipment - 04/24/2014 (2)Resolution No. 2014-RO164 April 24, 2014 Item No. 5.18 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. 31018901 for the purchase of Group 7-Heavy Duty Equipment as per ITB 14-11787-DT, by and between the City of Lubbock and Cisco Equipment, 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 April 24, 2014 C. ROBERTSON, MAYOR ATTEST: Rebe ca Garza, City Secreta NEW Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Cisco Equip-PurchaseOrd April 9, 2014 City of LuAP-bbock PURCHASE ORDER 4 TEXAS TO: CISCO EQUIPMENT 520 S.E. LOOP 338 ODESSA Texas 79762 Page - 1 Date - 04/08/2014 Order Number 31018901 000 OP Branch/Plant 3526 SHIP TO: CITY OF LUBBOCK 324 MUNICIPAL DRIVE LUBBOCK Texas 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE f P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Direc f Purchasing & Contract Management Ordered 04/08/2014 Freight Requested 04/08/2014 Taken By D.TORRES Delivery PER M.TREVINO/REQ 43246 ITB 14-11787-DT Description/Supplier Item Loader, Pneumatic -Tired Spec 9132 Extended Warranty Terms NET DUE ON RECEIPT Ordered Unit Cost UM 1.000 141,694.0000 EA 1.000 9,947.0000 EA Extension Request Date 141,694.00 06/24/2014 Total Order 9,947.00 06/24/2014 151,641.00 This purchase order encumbers funds in the amount of $151,641 awarded to Cisco Equipment of Lubbock, Texas on April 24, 2014. The following is incorporated into and made part of this purchase order by reference: ITB 14-11787-DT bid form dated March 14, 2014 from Cisco Equipment of Lubbock, Texas. Resolution# 2014-RO164 CITY7'��Fz Gle . Rob son, Mayor ATTEST: Reb ca Garza., City Secreta TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS 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) Seller's 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 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 not authorized to ship the goods under reservation and no tender of a 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 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 performance 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 time 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 itemized 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 of Lubbock, P. O. 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 the 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 the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The 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 on orders by others for products of the 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 current 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 employees 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 from the contract 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 fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(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 agreement, the Seller represents and warrants fault -free 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 the 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 from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified 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 Health 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 Seller's expense. In the event Seller fails to make the appropriate correction 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 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, he 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. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. l3. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof 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 in part 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 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 MA]EURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance 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 the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a 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 par 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 terms of their agreement. Whenever a term 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 construed as meaning the Uniform Commnercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he 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 of the 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 of 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 a6 charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the 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. The City of 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 to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and 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 the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors 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 the full amount 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. 02/2012 u ' Bidder's Name:��,ISC,C� �eti�ioY�c►�r�� , City of Lubbock, TX Purchasing and Contract Management I BID FORM 1 In compliance with the Invitation to Bid 14-11787-DT, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14-11787-DT is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY Unit of DESCRIPTION UNIT PRICE* EXTENDED COST Delivery (Days) W-) Measure ` BID ARO**' 1. 1 Each Truck Crew Cab with 6 Yard Dump Body, N,0 Spec 606 ST $ $ Model Year, Brand Name and Model Number: Roll -Off Container Frame Assembly 2. 1 Each Mounted on a Three -Axle Truck Chassis, $ //►�., $ Sp ec 808-SW tJid Model Year, Brand Name add Model Number: 3. 1 Each Towable Air Compressor, Spec 935-TR $ $ Model Year, Brand Name and Model Number: r" Truck, Left Hand Drive, Single Rear Drive 4. 3 Each Axle, Diesel -Powered, Crew Cab and $ $ Chassis, 38,000-Pound GVWR, S`ec 6700a .N Model Year, Brand Name and Model Number: 60.000 lb Cab and Chassis with one 12- 5. t Each yard ,Dump Body with Hydraulic Hoist to $ be installed upon the cab/chassis unit, Spec b;d $ 8710. Model Year, Brand Name and Model Number: Compact Track Loader, 99.2 Horsepower Ob ' 6. 1 Each with Attachment, Spec 9112-TR i $ Model Year, Brand Name and Model Number: + 4 Q''Purchase/Bid Does/ 14-'11787-DTGroup 7—Hea%ry Duty Equipment i a r � Biddgrs Name: l .1`JCQ Unit Delivery ITEM QTY of DESCRIPTION UNIT PRICE* EXTENDED COST (Days) W-) Measure 4 BID 'ARO** 7. 1 Each Loader1Pneumatic-Tired, 3.5 Cubic Yard, $�`t um n �F � -1` AQ p93 151 41 1yg �.` Option 2A - Extended Warranty $ 9,947 y Model Year, Brand Name and Model Number: 8. 1 Each Motor Grader, Spec 9160 $ fVu� $ d AW- Model Year, Brand Name and Model Number: 120 HP Telehandler with Fully Encl sed QO Cab, Spec 9340-LAP. > > Model Year, Brand Name and Model Number: Utility Tractor, 4x2 Turbo -Char ed ' Diesel, Spec 9620. _ Model Year, Brand Name and Model Number: , e # TOTAL 'lt 10 n -rxn.r•: r.V.ts. Destination, rretgnt rre-raid and Allowed **ARO — After Receipt of Order Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of _%, net calendar days. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less'than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on thq sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City, and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. , INTERLOCAL PURCHASING (opfiona/): The -City desires to make available to other local governmental entities of the State of Tenas. by mutual agreement with the successful bidder, and properly authorized interlocal'purchasing agreements as provided for by + the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the sane services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders frorp the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the pidder) agree that all terns, conditions, specifications. and pricing would apply? ,Q Purchase/Bid Doc14-1 1787-DT Group 7 IHeav} Duty Equipmeni , Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing'Authority, Lubbock, County, Lubbock County Hospital District,'Lubbock ludependent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas M1,Iunicipal Power Agency, Lynn Cottnty, and City of W'oi rth. t YES NO r • If you (the bidder) checked YES, the following will apply: f • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities otherlhan the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own material s/service as needed. THIS BID IS SUBMITTED BY `(`J '3C0 CCku"t PW-YN� a corporation organized under the laws of the State of or a partnership consisting of or individual trading as of the City of Wb3L-,d<_ Firm:. i SC o Ali t �irin�r Address:0`i 5i0.to n VA w City: i_ bboc - State- T'R zip Bidder acknowledges receipt of the following addenda: Addenda No. Date 3 " S _ / `f Addenda No. Date Addenda No. Date Addenda No. Date N,I/VF'BE Firm: I Woman Black American I I Native American , Hispanic American Asian Pacific Americl I Other (S eci ) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Manufacture's License No. ?. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) By /3 f'f W I K y <7 ;I r , Date: Authorized Representative - mu t sign bi= hand Officer Name and Title: a, /► /" X ' ' lr f � � iC/�r^ � i � 4 "4 !' I,, — Please Print G,�r cc��,� Business Telephode Number: L7J�a "�t-{CJ - G\�� f FAX: ' t7� 11LAIO`q5l�0 1 E-mail Address: b51 b_'� 6*,') ck-su"eq • u3m 1 . S i i ! t ! ' 6 i f Q Purchase/P,id rkxs/1d-117fi7-DT(;roup 7—Hcays DutV Oquipment a ` s f { ! f b �- 4 f l