Loading...
HomeMy WebLinkAboutResolution - 2007-R0310b - PO - Associated Supply Inc.- Volvo L70E Landfill Compactor - 07_12_2007Resolution No. 2007-RO310B July 12, 2007 Item No. 5.32 RESOLUTION 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the ayor of the City of Lubbock to execute a Purchase Order Contract by and between the ty of Lubbock and Associated Supply Company, Inc., of Lubbock, Texas, for purchase a Volvo L70E Landfill Compactor, which Contract and any associated documents, are :ached hereto and made a part of this Resolution for all intents and purposes. by the City Council this 12thday of July , 2007. DAVID A. MILLER, MAYOR TTEST: Garza, City Secretary VED AS TO CONTENT: Yean*6od, Assistant City Manager/Chief Information Officer TPROVED AS TQ FORM: ver, Attorney bf Dres/Assoc ialed Supply07 Mcon Res ly 5, 2007 CITY OF LUBBOCK U R C H A S E 0 R D E R TO: ASSOCIATED SUPPLY COMPANY INC PO BOX 3888 LUBBOCK TX 79452 Page Date - Order No. Brn/Plt SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 Jf LUBBOCK, TX 79457 BY: i 1 7/03/07 313817 000 OP 3511 ----------------------------------------------------------------------------------- Ordered 07/03/07 Freight - FOB Destination Frt Prepaid Requested 10/26/07 Taken By - MARTA ALVAREZ Delivery - BID 07-036-MA -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt --------------------------------------- ------------- ---------------------- - VOLVO L70E LANDFILL 1.000 EA 442,985.0000 EA 442,985.00 10/26/07 COMPACTOR 951-SW This purchase order encumbers funds in the amount of $442,985 for the purchase of heavy equipment, awarded to Associated Supply Company, Inc of Lubbock, Texas on July 12, 2007, in accordance with your response to BID 7-036-MA. The following is incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of BID 07-036-MA, Resolution# 2007—RO310B . CITY OF LUBBO00 ATTEST: David A. Miller,Mayor Reb ca Garza, City Secretary Total Order ------------------------------------------------------------------------------------- Term� 30 442,985.00 APP D AS TO FORM: Assist City Attorney 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 vnll package goads in aceurtlance with good commercial practice. F.ach shipping container shall be clearly and permanently marked as follows (a) Seler's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable- ic) 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 he suitably packed to secure lowest transportation costs and to conform with requirements ofcornmoncarriers and eery 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 autonz d to ship the goods under reservation and no lender of a bill of lading will operate as a lender ofgoords. 3 TITLE AND RISK OF LOSS. The the and risk of leas of the goods shall not pass to Buyer until Buyer actually racetvrs and takes possession of the goods at the point or points of del very 4. NO REPLACEMFNT (N- DEFECTIVE TENDER. Every tender ofdelrvery ofsoods 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 tight to substitute a conformins 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 lender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a Seller shall submit separate inv9ices.ilr duplicate, one each purchase order or purchase release after each delivery Invoices dell indicate the purchase order or purchase release number and the supply agreement number if applicable Invoices shall be itemized and transportation charges, tf any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached 10 the invoice. Mail To- Accounts Payable, City of Lubbock. P O. Box 2000, Lubbock, Texas 79457. Payment shall not be doe until the above mscr m nts 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 represcntati ve 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 reeking of arty determinations with aspect to the performing of such a contract In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be militia 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 arty special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and my process shoats 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 warams to be no higher than Seller's current process an ordain by others for products of the kind and specification coverod by this agreement for similar quantities under similar of like candittorts 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 other, or in the alternative. Buyer my caricel this contract without liability to Seller fur 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 earnmission, 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 vitiation 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 prices, or utlicnvise recover the Full amount of such commission, percentage, brokerage or contingent fee 9 WARRANTY -PRODUCT. Seller shall not limit or exclude any implied wamantim and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods Furnished will conforn to the specification, drawings, and descriptions listed in the bid invitation, and lathe sample(s) furnished by the Seller, if arty, in the event of a conflmt 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 data and dale related data (including, but no limited to calculating, comparing and seal encing) 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. Also, the Seller warrants the yem2(t00 Calculations well be recognised and accummadated and will not, in any way. result in hardware, software or firmware failure The City of Lubbock at its sale option, may require the Seller, at any time, to denanstrate 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 parry involved in the creation or development offhe products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any ofthe 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 net limited to, its right pertaining to termination or default. T1he warranties contained herein are separate and discrete From any other warranties specified m 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 anneses or any document incorporated in this Contract by reference. 10 SAFETY W ARRANTY, 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 Hcalth Acl 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 fads to make the appropriate correction within a reasonable line, corectio i made by Buyer will be at the Seller's expense, I I NO WARRANTY BY BUYER AGAINST INFRINGEMLN"fs As part of this contract for sale Seller agrees to ascertain whether goads manufactured in accordance with the Specifications attached to this agreement will give rise to the rightful c#am ofany third person byway of tfringerment of the like Buyer mattes no warranty that the production of goods according to the specification will "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 m 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 specs fications 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 13. CANCEI.I.ATION. Buyer shall have the right to cancel for default all or arty 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 irsohvcrrt or commits acts of bankruptcy. Such rightof cancellation is in addition to and not in lieu of airy 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 shaft be effected by the delivery of the Seller of a "Notice of Terminations' 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 lasses, resulting if the fulfil Imem of any term 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 par by a waiver or renunciation of the claim ar right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. I8. fNTERPREfATION-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 patties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Wherevera 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 "Uri form Commercial Code" is used, it shall be construed as meaning the Unifiarm Commercial Code as adopted in the State of Texas an effective and in force on the data of this agreemment, 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 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, death, loss, dwnages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in arrywve accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom whether or not it shell 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 arty, and the Seller shall, a his own expense, appear, defend and pay all charges of attorneys and all costs and other expanses arising therefrom of incurred in connection therewith, and, if anydudgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller exprosly urnderstands 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 herem provided 22 TIME It is hereby expressly agreed and understood that time is of the essence for the performance of thts contract, and failure by contract to meet the time specifications of ohm agreement will cause Seller to be in default of illis agreement. 23 MBE. The City of Lubbock hereby notifies all bidden that in regard to any Contract entered into pursuant to this request, mnronty and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against cm the grounds of race, color, sea or natural origin m conicimlion for an award Rev. 08/2005