HomeMy WebLinkAboutResolution - 2001-R0124 - Purchase Order Bid - Western Forklift & Supply - 04_12_2001Resolution No. 2001-RO124
April 12, 2001
Item No. 55
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid
#043-01/RS for pneumatic/semi-pneumatic tired forklifts, by and between the City of
Lubbock and Western Forklift & Supply of Lubbock, Texas, 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 this 12th
ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Victor Kilmak Purchasing Manager
William de Haas
Contract Manager/Attorney
gs/ccdocs/PurchOrd-Western Forklife&Supply..res
March 30, 200I
day of April , 2001.
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City of Lubbock
P U R C H A S E 0 R D E R
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TO. -
WESTERN FORKLIFT & SUPPLY INC
118 E SLATON RD
LUBBOCK TX 79404
Resolution No. 2001-RO124
Page 1
Date 4/12/01
Order No. - 200447-000 OP
Brn/Plt - 3511
SHIP T&
CITY OF LUBBOCK
324 MUNICIPAL DRIVE
LUBBOCK Tk7403
............................................................ ---------------- .......
Ordered - 04/12/01 Freight - FOB Destination F rt Prepaid
Requested - 05/18/01 Placed By - RON SHUFFIELD 775-2170
Special Ins Per ITB #043-01/RS ATTN: Danny Johnston
----------------------- ...... ...... .........................
Description / Supplier Item Ordered UM Unit Cost .
—.VM I Extension Req. Dt
------------------------- ..... .. ............... .. ................. ........
Forklift Per Spec 934 1.000 EA 27,513.7500 EA 27,513-.%"0VIVO
WITH MANUALS
Forklift per spec 932 1.000 EA 20,282.7500 EA 20,282.75 05/18/01
WITH MANUALS
This purchase order encumbers funds jnthe p.m,9y,!Lt-qf $47,796.50 for a bid awarded Western Forklift and Supply Inc. of Lubbock, Texas on April 12,
2001 in accordance With your response to ITB #Oi3-6i/iM-Piiiiiriitii&?Seini-Pneumatic Tired Forklift. The . following are 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 ITB #043-011RS.
CITY OMFCK ATTEST:
"i
b -D
Windy Sitfon, 'Mayor Rebecda Garza, City Secretary 't>
APPROVED AS TO FORM:
William de Haas, Competition and Contracts Manager/Aftorney Total Order
Terms NET 30
.......------------------------------------ .. .............
47'75 0
'
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 sec.dm ce with good
commercial practice. Each shipping container shall he clearly and permanently marked as
follows (a) Seller's apse and address, (b) Consignees 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 il boxes, and (d) the number ofthe tontaim
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. Seiler is not suthorind to ship the
goods under reservation and no tender ofa bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss ofthe 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 ofgoods must
fully comply with all provisions of this contract as to time of delivery, quality and the lice. 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.
3. INVOICES & PAYMENTS.
a. Seller shall submit separate invoices. in duplicate, one each purchase order or purchase
release alter 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, ifany, 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 due
until the above instruments are submitted alter delivery.
6. GRATUITIES. The Buyer nay, by written notice to the Seller, canal this contract without
liability to Seller if it is detenmined by Buyer that gratuities. in the four of entertainment. gifts
or otherwise, were offered or given by the Seller, or any agent or representative of the Seller,
to any o)Yecr 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 ofany
determinations with respect to the performing ofsueh 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 ofthe 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 ofthe Buyer and to the extent feasible shall be identified by
the Seller as such.
IL WARRANTY -PRICE
a. The price to be paid by die 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 ofthe
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 agreenment or understanding for commission, percentage,
brokerage. or contingent fee excepting bona fide employees of bona fide established
eonumtercial 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
tight ofrights to cancel this contract without liability and to deduct front the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full amount of such contntission, percentage, brokerage or contingent fees
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do so shall reader this contract voidable at the option ofthe Buyer. Seller warrants
that the goods fumished will contort to the specification, drawings, and descriptions listed in
the bid invitation, and to the sample(s) furnished by the Seller, ifany. to the event ofa
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 perforniance and fault -five result in the processing date and
date related data (including, but not limited to calculating, comparing and sequencing) ofall
hardware, software and firmware products delivered and services provided under this Contract,
individually or in combination. as the cue say be from die effective date of this Contras
Also, the Seller warrants the year2o00 calculations will be recognized and accommodated and
will not, in any way, result in hardware, software or fumware failure. 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 Scller, 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 any ofthe obligations contained
hereto, may result in the tatty 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 arc separate and discrete from any other warranties specified
in this Contract and arc not subject to any disclaimer of waranty, implied or expressed, or
limitation of the Seller's Iiability 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. Dcpanment of Labor under the Occupational Safety
and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer
may mecum the product for correction or replacement at the Seller's expense. In the event
Seller fails to make the appropriate correction within a reasonable Close, correction made by
Buyer will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As put of Ibis 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 ofany third pemn
byway of infringement ofthe like. Buys rake 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 indemnifration in the event that Seller is sued on the grounds of
infringement ofthe like. If Seller is ofthe opinion that an infringenent or, the like will result,
be will notify the Buyer to this effect in writing within two weeks alter the signing of this
agreement. If Buyer does not receive notice and is subsequently held liable for the
it f gemeut or the bike. Seller will save Buyer harmless. If Seller in good faith ascertains the
production ofthe pods in accordance with the specifications will result in inhinstment of the
like. the contract shall be null and void.
12. RIGHT OF INSPECTION. Buyer shall bave the right to inspect the goods at delivery before
accepting them.
13. CANCELLATION. Buyer shall have the right to angel for default all or any par ofthe
undelivered portion of this order if Scller breaches any ofthe terns 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 ofany other remedies which Buyer may have in
law or equity.
14. TERMINATION. The performance of work under this order ray be terminated in whole, or
in part by the Buyer in accordance with this provision, Ternmination of work hereunder slalY
be effected by the delivery ofthe 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 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 MAIEURE Neither party shall be held responsible for losses, resulting if the
fulfillment ofany tents 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 die 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 ofany obligation made by Seller without the written permission ofthe 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 chins or right arising out ora breach of this contract can be discharged in
whole or in put by a waiver or renunciation ofthe claims or right unless die 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 part of his bid, is intended by time panics as a final expression of their
agreement and intended also as a complete and exclusive statement of die temis oftbcir
agreement. Whenever a term defined by the Uniform Commercial Code is used in this
agreement. the dcfnition contained in the Code is to control
19. APPLICABLE LAW. This agreement shall be governed by the Unif inn Commercial Code.
Where ever the term "Uniform Commercial Code" is used, it shall be construed as nmcaning the
Uniform COmusercial Code as adopted in die State of Terri as effective and in force on die.
date of this agreement
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other piny's intent to perform he may demand that the other party give written
assurance orbit intent to perform. in the event that a demand is nmade and no assurance is
given within five (5) days, the demanding party may treat Utis failure as an anticipatory
repudiation of the contract.
21. INDEMNIFICATION. Seller shall indemnify, keep and save llarniless the Buyer, its agents.
officials and employees, against all injuries, deatls, loss, damages. claims, patent claims, suits,
liabilities, judgments, costs and expenses. which may in anywise accrue against the Buyer in
consequence ofthe 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
ofthe Seller or its employees, of ofthe subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all 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 ofdmis contract, and failure by contract to meet the tune specifications ofthis
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
G.PURCiUTERAtCOND-DDC