HomeMy WebLinkAboutResolution - 2007-R0212 - PO - Heil Of Texas - Compaction Packer Bodies - 05_24_2007Resolution No. 2007-RO212
May 24, 2007
Item No. 5.26
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 Heil of Texas,
located in Irving, Texas, for purchase of compaction packer 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 May '2007.
DAVID A. MILLER, MAYOR
ATTEST:
— R J77���
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Mar Yearw d
Assi tant City Manager/Chief Information Officer
APPROVED AS TO FORM:
-2
n andiver, At orney Counsel
DDresll I61POcon07Res
May 16, 2007
Resolution No. ZUU/-RUL1
FAN
Y CITY OF LUBBOCK
a� ; �► PURCHASE ORDER
TO:
HEIL OF TEXAS
300 SOUTH LOOP 12
IRVING TX 75060
Page - 1
Date - 5/14/07
Order No. - 311268 000 OP
Brn/Plt 3511
SHIP TO:
CITY 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:
0 dered 05/14/07 Freight - FOB Destination Frt Prepaid
Requested - 05/14/07 Taken By - MARTA ALVAREZ
Delivery - HGAC Contract No.RC0806
D scription / Supplier Ite
Ordered
UM
Unit Cost
UM
Extension
--------------------------
2 CuYd Trash Compactor
-----------
1.000
..
EA
...........
81,557.3300
EA
81,557.33
R ar Loader
2 CuYd Trash Compactor
1.000
EA
60,447.0000
EA
60,447.00
R ar Loader
H C Fee 1X
1.000
EA
2,130.0700
EA
2,130.07
Req. D
08/31/ 7
08/31/ 7
08/31/ 7
This purchase order encumbers funds in the amount of $144,134.40 awarded to Heil of Texas 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 8, 2007 from Heil of Texas of Irving, Texas, and HGAC Contract # RC0806
CITY OF LUBBOCK ATTEST:
David A. Mille , Mayor Rib ca Garza, City Secretary
APPROVED AS TO FO Total Order
T r-;t - A o ey 144 ,134.40
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. Stiltr 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 1 of 4 boxes, and (d) the number of the container
hearing 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
oC common carriers ad 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.
1. TiTLE AN D RISK OF LOSS. The title and risk of Im of the goods shall nor pass to Buyer
until Buyer actually receives and takes possession of the goods at the point or points of
delivery.
e
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every reriderofdetiveryQfgoodtlmist
fully comply with all provisions ofahiroofru 1 m no time�f leli�ery.Pirglity arrddhb EIJ e. If a
tender is made which does n'ot fully con farm, this sfulV caexginstEa beseech anill"Sejler shill 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; h intention to cure and may then
make a conforming tender within the contract time but not afterward.
5. INVOICES k 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
oarisportaticm charges, if arty, 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 200Q 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 Sutler, cancel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the farm 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 conmact. In the event this contract is
uaneeled 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 die face hereof includes the
cost of any special tooling or Tecial teat equipment fabricated er required by Seller for the
purpose of Filling this order, such special tooling equipmem and any process sheets related
thereto shall become the property of the Buyer and to tfu extent feasible shall be identified by
the Seiler as such.
8. WARRANTY -PRICE.
a. The prior 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 sp-iFication covered by this agreement for similar quantities under similar of like
conditions and methods of purchase. [tithe 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
al(emative. Buyer may cancel this contract without liabtliry to Seller for breach or Seller's
accrual expense,
b. The Sul let 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 c intingera fee excepting boa Fide employee of bans fide established
cornmemial or selling agencies maintained by the Seller for the purpose of securing business.
For breach of vitiation of this warmnly the Buyer shall have the right in addition to any other
right of rights to canal this contract without liability aid to deduct limn the contract price, or
Otherwise recover without liability and to okduct from the contract price. or otherwise rewva
the full amount of such commission. percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seiler shall not limit ar exclude any implied warranties and any
attempt to ckr 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 description listed in
the bid invitation, and to the sanpfefa) furnished by the Seller, if any. in the event of a conRict
OF 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 tinder this Contract,
individually or in combination, as the case may be from the effective date of this Contract.
Also, the Seller warrants the year2t100 calculations will be recognized and accommodated and
will not, in :try way, result in handwarr, software or firmware failure. 71W City of Lubbock, at
its sole option, may require the Seller, at any time, to demonsttute the procedures it intends to
follow in order to comply with all the obligations contained herein. 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 developmenr of the products and services to be delivered to the City
of Lubbock under this Cuntract. 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 nee 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 he specified in this Contract, its appendices, is
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 dues not conform to OSHA standards, Buyer may
return the product for correction or replacement at the Seller's expense. In the evem Seller
faiis 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 prat 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
byway of infringement of the like. Buyer makes no wananty that the production of goods
according to the specification will not give rise to such action. and in —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 infringan ra or the like will result,
he will ratify the Buyer in 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 wil I save Buyer harmless. If Setla in good faith awatains the
production of the goods in accordance with the specifcatiorn 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 goads at delivery before
accepting them.
13. 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 rot in lieu of any other remedies which Buyer may have in
law or equity.
14, TERMINATION. The performance of work order this order may be terminated in whole, or in
pan by the Buyer in accordance with this provision. Termination of wort hereunder shall be
effected by the delivery of the Seller ofa "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the date upon which such
termination become effective. Such right or tarnmeslian is in addition to and not in lieu of the
rights of Buyer set fnuth in Clause 17, herein-
15. FORCE MAJEURE. Neidter party shall be held responsible for fosses. resulting if the
fulfillment of arty terms of provisions of this conRad is delayed or prevented by any cause mat
within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence said party is tenable to prevent
16. ASSIGNMENT -DELEGATION. No tight 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 ofa breach of this contract can be discharged in whole
or in pat by a waiver or renunciation of the claim or right unless the waiver or rentawimion is
supported by consideration and is in writing signed by the aggrieved perry.
18. INTERPRETATION -PAROLE EVIDENCE. Tbis writing, plats any specifications for bids and
perfonriance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as pert of his bid, is intended by the patties as a final expression of their
agreement and intended also as a complete and exclusive statement of the teens of their
agreement Wheneva it term defined by the Uniform Commercial Code is used in this
agreemetrt, the definition contained in the Cale is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Comnicicial Cale.
Where ever the term "Uniform Commercial Code" is usod, it shall be construed m meaning the
Uniform Commercial 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 parry's intent to perform he may demand that the other party give written
assurance of his intent to perform. In the event that a dettund is merle and no assurance is
given within five (5) days, the demanding party may tree this failure as an anticipatory
repudiation Df 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.
If ebilities,judgments, costs aid expenses, which may in anywise accrue against the Buyer in
consequerim of the granting of this Contract m 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 Seiler a its employees, or of de subScller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of amomeys and all cuss
and orherexpenses arising rderefnxn of incurred in conrection therewith, and if my judgment
.hall be rendered against the Buyer in any such action, the Seller shall, at its own expenses,
satisfy and discharge the same Seller expressly understands said agrees that any Mod requtred
by this contract. or otherwise provided by Seller, ,hall 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 coma to meet the time specifications orthis
agreement will cause Seiler to be in default of this agreanaiL
23. MBE. The City of Lubhock hereby notifies all bidders that in regard to any contract entered
into pursuant to this request minority and women business enterprises will be offorded equal
opportunities to submit kids 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.
Rev. 08l2005