HomeMy WebLinkAboutResolution - 2007-R0313 - PO - Dooley Tackaberry Inc.- Cycline II Chassis Fire Truck - 07_12_2007Resolution No. 2007-RO313
July 12, 2007
Item No. 5.12
RESOLUTION
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 Dooley
Tackaberry, Inc., of Houston, Texas, for two pumper with Cyclone II chassis fire trucks,
which Purchase Order Contract and any associated documents are attached hereto as
Exhibit A and made a part hereof for all intents and purposes.
jPassed by the City Council this 12th day of
ATTEST:
Rebeo a Garza, City Secretary
2007.
r
DAVID A. MiLLER, MAYOR
APPROVED AS TO CONTENT:
7y
Marq Yjarw9od
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
Don andiver, tomey of Counsel
DDreslDooleyPumperl'ireTrucksPOcon07Res
July 3, 2007
� Y O
(11 11
T0:
DOO LEY TACKABERRY
PO BOX 201880
HOUSTON TX 77216
CITY OF LUBBOCK
Page
U R C H A S E ORDER Date
Order No.
Brn/Plt
INC
11M
SHIP TO:
CITY OF LUBBOCK
CENTRAL FIRE STATION
RAUL SALAZAR
LUBBOCK TX 79401
- 1
7/02/07
313716 000 OP
351.1.
COMPLEX
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 20Q0�
LUBBOCK, TX 79457 BY: ���///
-----------------------------------------------------------------------------------
Ordered 07/02/07 Freight - FOB Destination Frt Prepaid
Requested - 07/02/07 Taken By - FELIX ORTA
Delivery - HGAC CONTRACT# FS12-05 GC06
------------------------------------------------------------------------------ --------
Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt
--------------------------------------- --........... -------------- ........ .
PUMPER W/CYCLONE II CHASIS 2.000 EA 417,000.0000 EA 834,000.00 03/03/08
FIRE TRUCK
HGAC ADMINISTRATIVE FEESIS 1.000 EA 2,000.0000 EA 2,000.00 03/03/08
This purchase order encumbers funds in the amount of $836,000.00 awarded to Dooley Tackaberry Inc. of
Houston, TX on July 12, 2007. The following is incorporated into and made part of this purchase order by
reference: Price Quotation dated June 18, 2007 from Dooley Tackaberry Inc. of Houston, TX and HGAC Contract#
FS12-05 GC06. Resolution# 2007—RO313
CITY OF LUBBOC ATTEST:
David A. Miller, Mayor Reb ca Garza, City Secretary
APPROVE S TO FORM:
Assistant C11tVAttornVy
Total Order
---------------------------------------------------------- -- ......................
Terms NET 30 836,000.00
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 shopping 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 container, e.g. box I of 4 boxes, and id) the number ofthe container
bearing the packing slip Seller shall beat coat of packaging unless otherwise provided. Goods
shall be suitably piked to secure lowest t-amportation costs and to conform with requirements
of common carrier and any applicable specifications. Buyer's count or weight shall be rural
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENr UNDER RESERVATION PROIi1BrrED. Seller is not authorized to ship the
goods under nesavateon and no tender of a hill 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 mid takes possession of the goods 0 the point or points of
delivery.
4, NOREPLACEMENT OFDEFECTIVETENDER. Every tender ofdolivery ofgoods 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 snd Sellershall not
have the right to substitute a confoming tender, provided, where the time for performance has
not yet expired. the Seller may reasonably notify Buyer of his intention to cure and may that
make a conforming tender within the contract Lima but not afterward.
5. IN VOICES B PAYMENTS.
a Seller' shall submit separate invoices, in duplicate, one each purchase order or purchase
release after each delivery, Invoices shall indicsta the purchase orderorpurchase release
number and the supply agreement number if applicable. Invoim 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 20W, Lubbock, Texas 79457, Payment shall not be dire
until the above instruments are submitted after delivery.
6 GRATUITIES. The Buyer may, by written notice to die Seller, cancel this contract without
liability to Sella if ii 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 represeraative ofthe 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 ofam
determination with respect to the performing ref such a contract. In the event this eondrad is
canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to arty other
fights and remedies, to recover or withhold lac 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 circuity special tooling or speend test equipment fabricated or required by Seller for the
purpose of filling this order, such special looling equipment and any process sh hints related
thereto skull become the property of the Buyer and to the extent feasible shall be Identified by
the Sells as such.
8. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that contained in Sailer's bid which Seller
warrssts 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 hresches this warranty, the prices of
the items shall be reduced to the Seuer'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 rxisentai
b The Seller warrants that nit person or selling agency has been employed orretained to solicit
w secure thus conbaal upon an agreement or understanding for commission, percentage,
brokerage, or contingent fee excepting born Fide employees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of arc uing business.
For breach of viciation of this warranty due 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 carmr, issior4 percentage, brokerage or contingent foe.
9 WARRANTY -PRODUCT. Seller shall rot limit or exclude any implied warranties and any
attempt to dew shall render this contract voidable at the option of the Buyer. Sella warrants
that the goods furnithed will conform to the specification, drawings, and descriptions listed in
the bid invitation and to the samples) furnished by the Seller, if arty. In the event of s conflict
or between the specifications, drawings, and desenptiom, the specifications shall gow:m.
Notwithstanding any provisions contained in the contractual agreement. the Seller represents
and. wsrhaots fault -free performance rand fault -fro result in the processing date and date related
tau (including, boa not limited to calculating, comparing and sequencing) ofall hardware.
Software and f rmwsre products delivered and services provided under this Contract,
individually or in combination as the case may be from the effective date or this Contract.
Also, the Sella warms the year2000 calculations will be recognized and accommodated and
will not, in anyway, result in hardware, Software or firmware fat lure The City of Lubbock, at
its sole option may require the Seller, at any time, to demonstrate 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 Sella, its sub -Seller or any third party,
involved in the creation or development ofthe products and services to be delivered to the City
of Lubbock under this Contract. Failure to comply with airy of the obligations contained
herein, may result in the City of Lubbock availing itself of arty of its fights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default
The warranlin contained herein are separate and discrete from any other warranties specified
in this Contract and are nil subject to any disclaima 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
Hcalth 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 lime, correction made by Buyer
will be at the Seller's expense.
II NO'AARRANTYSYBUYERAGAINST 1VFRINGEMENTS. Nspartofthiscontract 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 arryy thud person
by way of infringement of the like. Buyer make 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 Sella for indemnification in the event that Seller issued on the grounds of
infringement ofthe like. If Seller is of the opinion that an infringement or the like will vault,
he will notify the Buyer to this effect in writing wilhin two weeks after the signing of this
agreement. I f 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 ofthe goads in accordance with the specifications will result in infringempt or the
like, the contract shall be null and sad.
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them,
13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the
undelivered potion of this order if Seller breaches any ofthe terns hereof including warrantim
of Setter or if rho Seller becomes insolvent or comm is acts of bankruptcy. Such ngM of
cancellation is in addition to and not in lieu of any other rismadies which Buyer may have in
law or equity.
14. TERMINATION. The performance of work wrier this order maybe terminated in whole, or in
part by the Buyer m accordance with this provision. Termination of work hereunder shall be
effected by the delivery ofthe Seller of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated "the date upon which such
termination becomes effective Such right or termination is in addition to and not in lieu ofthe
rights of Buyer set forth in Clause 13, herein.
15 FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if to
fulfillment of any tars 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 exemase
of reasonable diligence said party is unable to prevent.
16, ASSIGNMENT-DFLEGATION. No right or interest in this contract shall be assigned or
delegation of" obligation made by Seiler without the written permission of the Buyer. Arty
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 cut of a breach of this contract can be discharged in whole
or in part by a wan vw or renunciation ofthe claim or right hailer the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party.
18. INTERPRETATION-PAIkOLE EVIDENCE. This writing, plus any Specifications for bids arhd
performance provided by Buyer in its advertisement fa bids, and any other documents
provided by Seller as pin of his bid, is intended by the parties as a final expremon of their
agreement and intended also m s compete and exclusive statement ofthe teems of lher
agreement. Whenever a term defined by the IJnifam Commercial Code is toed in this
agreement, the definition contained in the Code is to control_
19, APPLICABLE LAW, This agreement shall be governed by the Uniform Commercial Coder
Where ever the term "Uniform Commercial Code" is used. it shall be enhstrued of moaning the
Uniform Comrmecial Code as. adopted in the Slate of Texas as effective and in force on the
date of this agnsenea.
20. RIG14T TO ASSURANCE- Whenever one panty 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 evemt that a demand is made and no awmance is
given within live (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 mjunes, deaths, loss daunages, claims, poem claims, suits,
liabilntes, judgments, costs and expenses. which may in anyv tie accrue against the Buyer in
cmtsequenec of the granting of ihts 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 Sella m its employed, or ofthe subSeller or assigner or its employed, if any. and the
Seiler shall, at his own expense, appear, defend and pay all charges of attorneys and all curls
and other expenses ansing therefrom of incurred in connection therewith. and, if arty judgment
Shut] be rerdaed against the Buyer in any such action, the Seller shall, at us own expenses,
satisfy and discharge the same Seller expressly understands and agreas 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 TIhfE It is hereby expressly agreed and understood the time its ofthe 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 bidden that in regard to any contract entered
into pursuant to this request, minority and women business enterprsa will he 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.
Rev. 0&2005