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HomeMy WebLinkAboutResolution - 2007-R0211 - PO - Equipment Southwest Inc.- Side Load Refuse Bodies - 05_24_2007Resolution No. 2007—RO211 Nay 24, 2007 Item No. 5.25 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 a Purchase Order Contract and any associated documents with Equipment Southwest, Inc., of Irving, Texas, for purchase of side load refuse bodies, which Purchase Order Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 24th day of DAVID A. NfILLER, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT; Mark earw Assis nt City Manager/Chief Information Officer APPROVED AS FORM: n Vandiver, Attorney of ounse] DDres/Fquipmen(S WPOcon07Res May 16, 2007 2007. Resolution No. 2007—RO211 o CITY OF LUBBOCK Page _ 1 U R C H A S E 0 R D E R Date 5/14/07 Order No. 311264 000 OP Brn/Pl t - 3511 TO: `QUIPMENT SOUTHWEST INC 125 S LOOP 12 IRVING TX 75060 SW?:OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK TX. 79457 BY: dered - 05/14/07 Freight - FOB Destination Frt Prepai quested - 08/31/07 Taken By = MARTA ALVAREZ livery - BuyBoard Contract Number 208-04 ----------------------------------------------------------------- scription / Supplier Ite Cubic Yard Side Loader cess Door Ladder HD Cubic Yard Curbside Lift cess Door Ladder HD Cubic Yard Body W/Packer dy High Compaction HD Ordered UM Unit Cost UM Extension 8.000 EA 69,500.5700 EA 556,004.56 2.000 EA 69,500.5700 EA 139,001.14 1.000 EA 69,500.5700 EA 69,500.57 Req. D 08/31/ 7 08/31/ 7 08/31/ 7 This purchase order encumbers funds in the amount of $764,506.27 awarded to Equipment Southwest, Inc. of Irving, Texas, on May 24, 2007. The following are incorporated into and made part of this purchase order by reference: Price Quotation dated February 22, 2007 from Equipment Southwest of Irving, Texas, and Buy -Board Contract # 208-04. �MY OF L UBBOCK ATTEST: David A. Mil r, Mayor Rebe1cca Garza, City Secretary I 0 a I Nuer erms'��-As-----------------.--------..._...-------------- - 764,506.27 Ass t ity A TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seiler and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seiler will package goods in accordance with good commercial ercial practice. Each shipping container shall be cleariy aged permanently narked sa follows (a) Seller's name and address. (b) Consignee's ranee, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of contemns, e.g. box 1 of 4 boxes, and (d) the number of die container beating the pecking A* Seller shall beer cat of packaging urilm a e rwise provided. Goods shall be suitably packed to secure lowest transportation cos s sd to conform with requirements of common carrion and tiny applicable specifications. Buytr's ward or weight slash! be final and conclusive on shipments not accaripanisd by packing lists. 2 SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods under reservation mid no tender of a bill of fading will open[a as a tender of good. 3. TITLE AND RISK OF LOSS. The title aid risk of has of the goods shall not pass to Buyer until Buyer acr ally receives and takes Possession of tiro goods at the point or points of asivery. 4. NO REPLACEMENT OF DEFEC11VE TENDER. Every t6rderofdelivayofgoadsmjst fully comply with all provisions of this contact as to time orordv'ay, gigli4aad Ito likk. ifis tender is truck which toes not4ully orrmf fern. this shall eonsdai gin breacleagg $Asir sfsll not have the right to substitute a conforming tender, provided, whcTe tlielime for performance has not yet expired, the Seller may reasonably notify Buyer of his iotasim to cure and may awn make a conforming tender within the contract time but rot afterward S. INVOICES Q PAYMENTS. s. Seller shall submit separate invoices. in duplicate, one each purchase order or purchase reline after each delivery. invoices shall indicate the purchase order or purchase mlessc number and Ifni supply agreement number if applicable Invoices sitdl be itemized and transportation clarga, if easy, shall be listed a parmaly. A copy of the bill of tang, 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 draw until the above instruments arc submitted after delivery. 6. GRATUITIES. The Buyamay, by written notice as the Sauer, cancel this contract without liability to Seller if it is determined by Buyer the gretnitias in the foam of entertaimmu, gifts or otherwise, were offered or given by the Sella. or any agm or repeasenadve of the Sala, to any officer or cmployae of the City of Lubbock with a view to securing a tonnes or securing favorable treatment with respect to elm awangnng or amending, or de making of any determinations with respect to the performing of such a cootrect in the event this contract is canceled by Buyer pummu t to this provision. Buyer stall be endda4 in additim to sty other rights aid remedies, to recover or withhold the srount of rite curt insured by Seller in providing such gratuities. 7. SPECIAL TOOLS tit TEST EQUIPMENT. If the pia abated on the sae iwTeof includes die cost of any special tooling or spacial test equipment fibricasal or rteyuired by Sella fur the purpose of filling this order, such sparid tooling equipment and may process sleets related therwo shall became the property of the Buyer and to the extent feasible shah be identified by the Sailer as such 8. WARRANTY -PRICE a. The price to be paid by the Buyer shall be that cvaniMd in Sense@ bid which Seller warrants to be no blow dart Seller's cornea proomes an orders by others for products of the kind and specification covered by this agreement for similar quandtke under similar of like conditions and methods of purchase. In the event Seller bmKbn this warranty, the prices of the items shall be reduced o the Seller's current prices on odor by whism orin the alternative. Buyer dry cancel this connect withou debility to 9elta for breach or Setter's acdul expense. b. The Seiler warrants dot no person or setting agency has been employed or rained to solicit or secure this conmact upon an agreement or midanourdong for commission, percentage, brokerage, or contingent fee excepting bona fide employees of base fide established commercial or selling agencies maintained by the Seiler for ale purpose of securing business. For breach of viaiation of this warranty the Buyer shall have the right in addition to any other right of rights to anal this contract widow liability and to dechct from the codr ec t price, or otherwhic recover widows liability and to deduct from the eomtact price, or otherwise recover the full amount of such commission, pecentage, brokerage or comingem fee. 9. WARRANTY -PRODUCT, Wier shell not limit or axctude any implied warnantles and any attempt to do so shall render this contract voidable an the option of the Buyer. Seiler warrants that the goods fltmished will conform to the specification, drawings, and desimptiorus Road in the bid invitatim4 and to the somple(s) flmmiahed by the Seller, if any. In die event of e, conflict or between the spedfiatioro, drawings, and descriptions, the specifications shah govern. Nuiwitheta ding; any provisions contained in the contractorl agtenred, the Seller represents and warrants f ath-fro Performance and f ssit-free result in the processing date and date related data (including, but not limited to calcdatiag compering and sagrareing) of all hardware, wflware mill rumware products delivered and servicea provided tender this Contract. individually or in combinatiaL as the case may be from the effective date of this Contract. Also, the Seiler warrants the yew20W calcufarians will be, recognized and accwrnnedncd and win not, in any way, result in hardware. software of finavvare failure. The City of Lubbock, as its sole option, may require the Seller, at any tiara to demonstrate the procedkues it intends to follow in miler to comply with all the obligations contained herein. The obligations contained herain apply to products and services provided by the Seller. its sub -Seller or any third party involved in de creation or devebpment of the products end services to be delivered to the City of Lubbock under thin CmtrUt. 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 includ{tlg, but not limited to, its right pertaining to termination or default. The warranties contained herein we separate and discrete from any other warranties specified in this CurorW, and are tot subject to any disclaimer of warranty, implied err expressed or limitation of the Seler's liability whichmay be specified in this Contract, its appendices. its schedules, its amwxes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrens that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Depattrnrnt of Lobar under the Occ7tpational Safety and Health Ad of 1970. In the went the product does not conform to OSHA staid", Buyer may tenon the product for correction or mishicarsi t at this Seller's expense. In the event Seller fails to mace the appropriate correction within a reasonable lima correction made by Buyer win be at die Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for We Sella Was to ascertain whNha goods mundectmred in accordance with the specifications attached to this agreement will give rise to due rightful claim of any third person byway of infringemost of dw like. Buys makes no warranty that die production of gooda according to the specifkatiam win not give rise to such a claim, and in no event then Buyer be liable to Scller for indar nificaniom in die event duet Sella is sued on lie grounds of infringement of the like. if Seller is of the opinion that an infiingament a de like will malt, he will notify the Buyer to"efTeet in writing within two weeks aft rim signing of this agneverwaL If Buyer dose not nccive notice and is subequendy held liable for the infringement or the like, Sella will save Buyer harmless. If Sella in good faith ascertains do production of the goods in accordance with the specifications will moult in infringement orthe like, the contract shall be null and void 12 RIGHT OF INSPECTION. Buyer shah[ have the right to Iespact the goods at delivery hefiro acc:epthsg them. 13. CANCELLATION. Buyer shall have the right to =met for defeat al or any part of date undelivered portion artiste order if Saber breeches arty of the teats hereof indialing warranties of Seiler or if the Seller becot insolvent or cronmifs acts of bankruptcy. Such right of caualladon is in addition to and not in lieu of any other renedies which Buyer may have in Inv orequity. 14. TERMINATION. The parfomtam of work under this order any be nominated in whole, or in fart by the Buyer in axvrdsaca with this provision. Termintion of work Imreorider shag be effected by the delivery of the Sala of a "Novice of ramimedon" specifying the extent to which performance of work miler der order to terminated and die date upm which ach termination becomes effective. Stich right or termination Is in addition to and not in lieu ofthe rights of Buyer set forth in Clause 13. herein IS. FORCE MAJEURE. Neither party shad be held responsible for losses, resulting if the fulfillment of any term of provision of this comma is delayed or prevented by any cause not within Ile control of the petty whom perfanswesce is interfered wid%and which by the exercise of reasonable diligence said parry is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or in n in tide contract shill be assigns or ddegadm of any obligation made by Sella widow the written permission of the Buyer. Any attempted assignnww ordelegation by Seller shall be wholly void and totally indrective for all purpose adess made in cmfmroty with this paagtpi. 17. WAIVER No claim or right mining out ore breach of this• cashact can le dlschmged in whole or in put by ■ waiver or renmcunim of die claim or right unlace the waiver or renunciation is supported byconsidemition and is in writing signet by the aggrieved panty. erg. INTERPRETATION14AROLE EVIDENCE. This wridn& phis may specifications for tails and performiumm ixwided by Buyer in its advertisement for bida, and my other documents provided by Seller as pert of bis bid, is intended by the parties as a foul expression of their agrmmvrnt and inumded also ass cooylem egad exdtadve smwmmt of the errrrs of their agreement. Whenever temp defined by the Uniform Commercial Cork is used in this agmxmeriL the definition contained in der Cade is to control. 19. APPLICABLE LAW. This agreement shall be govetrod by the Uniform Commercial Code. Where ever data term "Uniform Cormwreial Coda" is used it shall be construed as meaning die Uniform Commercial Code as adopted in the State of Texas as effective and in forte on the data of this agreement 20. RIGHT TO ASSURANCE. Whenever one patty, to this earths t in good fsith has realm to question the other pwty's intent to perform he may demand that On odor party give written assurance of his band to perfmn. In die evew than a [emend is made and no assurance is given within five (v) days, der t emsrding party may drat this failure as an anticipatory repudiation of the contact 21. INDEMNIFICATION. Sella clan indemnify, keep and save harmless the Buyer, its agents. officials and antploy©es, against aft injuries, deaths, loss, damages, claims. parent claims, suits, liabilities, judgments, costs and expenses, which msy in anywise atxrue against the Buyer in consequence of the granting of this Contract or which may aoywin result therefrom, whether or not it shalt be alleged or determined that the act was caused through negligees or onndaion of dw Seller or its employees, or of die sttbSeuer or assignee or its employees, if any, and the Sella shall, at his own expense, appear, defend and pay all charges of attorrwys and all costs and other expenses arising therefrom of incurred in connection therewith, mid, if any judgment Asti be rendered against the Buyer in any such action, the Seller "L at its own expenses. satisfy and discharge are same Sel let expressly understands and agrees that any bad requited 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 puvid e& 22. nME. It is hereby expressly agreed and understood that din is of the essence for the performance of this contract. and failure by cormw to mad de tithe spe:ifcathms of this agram em will cause Seiler to be in default of thin agrarratsr. 23. MBE. The City of Lubbock hereby notifies an bkMm that in repnd to any contract entered into parasites to this mildest. minority end women basinew erttapises will be affmded egad uppatumities to submit bids in response in this invitation and will tot be disaiminated against on tow grounds ofrace. color, sex or natural origin in consideration fora award Rcv, 08/2005