HomeMy WebLinkAboutResolution - 2019-R0348 - PO With Altech Industries - 09/24/2019 Resolution No. 2019-RO348
Item No. 6.32
September 24, 2019
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 for
and on behalf of the City of Lubbock, Purchase Order No. 31047664 for the purchase of
Telescopic Aerial Device as per Sourcewell Contract No. 012418, by and between the City of
Lubbock and Altec Industries, Inc., of Waxahachie, 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 on Sen .mh a 4 2-19
DANIEL M. POPE, MAYOR
ATTEST:
-C�)-0—� )c —
Retie ca arza, City Secreta
APPROVED AS TO CONTENT:
Mark Y good, Assistant City Manager
APPROVED AS TO FORM:
y s, D y City Att
vw:ccdocs./RES.-PurchaseOrd 31047664—Telescopic Aerial Device
September 4,2019
Cily c>I' Page - I
Lubb o ek Date - 9/4/2019
TEXAS PURCHASE ORDER
Order Number 31047664 000 OP
526
TO: SHIP TO:
ALTEC INDUSTRIES INC CITY OF LUBBOCK
1001 SOLON ROAD FLEET SERVICES
WAXAHACHIE TX 75165 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE 7'O: CITY OF LUBBOCK
ACCOUN'rS PAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 BY':
it�
A,Iart Iv z,Directorof Purchasing&Conlracl Management
Ordered 9/3/2019 Freight
Requested 10/30/2019 Taken By R ROCHA
Delivery J LOERWALD REQ 54432 SOURCEWELL 012418-ALT PUR14908
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Telescopic Aerial Device 1.000 111,253.0000 EA 111,253.00 10/30/2019
CC 7415
r�>la1 order
Terms NET DUE ON RECEIPT 111.253.00
This purchase order encumbers funds in the amount of $111,253.00 awarded to Altec Industries, Inc. of Waxahachie, TX, on
S pteniber 24, 2019.The following is incorporated into and made part of this purchase order by reference: Quote dated August 21,
2019 from Altec Industries,Inc. and SourcewelI Contract 012418-ALT Resolution# 20 1 9-803 48
CITY OF LUBBOCK ATTEST:
t/1— (Qj 4 'C' -
Daniel M. Pope,Mayor Rebec rza,City Secretary
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity'.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's mune and address,
(b)Consignee's none,addrss and purchase order orpurctrase release number and the supply agreement number 15.TE•RNIINATION.1'he performance ofavork unlr this order may be tenninat d in whole,cr in pan by the
ifapplicable,(c)Container number and total number of containers,c,g.box I of 4 bazs,and(d1 the number Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the container bearing the packing slip.Scllershall bear cost of packaging unless otherwise provided Goods of the Seller of a"Notice of Tennivation"specifying the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common order is terminated and the dace upon which such termination becomes effective. Such right or termination is
carriers and my applicable specifications. Buyer's count or weight shall be final and conclusive nn shippers in addition to and not in lieu riffle rights of Buyer set forth in Clause 14,herein.
not accompanied by packing lists. I6.FORCE MAJE-URE. Neither party shall be held responsible for losses, resulting iftbe fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any tensa of provisions of this contract is delayed or prevented by any cause not within the control of the
rescralion and no lender of a bill of lading will operate as a tender of Bonds. party whose performance is interfered with,and which by the exercise of reasonable diligence said patty is
unable to prevent.
3.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of dclivcry. 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of
any obligation made by Sclicr without the written peanission of the Buyer. Any attempted assignment or
4.NO REPLACENIENT OF DEFECTIVE TENDER. Every tender of delivery 0r goods must fully comply delegation by Seller shuall be wholly void and totally inciTective for all purpose unless made in conformity with
With 311 provisions 0f this contract as to time of delivery,quality and the like. Ira tender is made which does not this paragraph.
fully conform,this shall constitute a breach and Seller shall 1101 hare the right to substitute a confirming tender, 13.WAIVER. No claim or right arising out of a breach of this conmut can be discharged in whole or in part
provided,where the time for performance hu not yet expired,the Seller may reasonably notify Buyer of his by a waiver or renunciation of the claim or night unless the waiver or renunciation is supported by
intention to cure and may then make a confomning tender within the contracl time but 1101 afcilward. couideration and is in writing signed by the aggrieved party.
S.INVOICES&PAYMENTS.a.S c I I e r shall submit separate invoices,in duplicate,one each purchase
orter or purchase release after each delivery. Invoices shall indicate the purchase oder ov pu'chase release 19. I NTr:RPRETATION-11A ROLE EVIDENCE. This writing, plus any sit"i5calions for bids and
number and the supply agreement number if applicable Invoices shall be itenizcd and transportation charges, performance provided by Buyer in its advcrliscmcnl for bids, and any other documents provided by
if any,shall be listed separately. A copy of the bill of lading,and Lite freight waybill when applicable,should Seller as par of his bid,is intended by the parties as a final expression of their agreement and intended also
be attached to the invoice Mail To:Accounts Payable,City of Lubbock.P.0.Box 2000,Lubbock,Texas as a complete and"elusive matcmenl of Ute teens of thew agreement. Whenever a temn defined by the
79457. Payment shall not be due until the above instruments arc submitted after delivery. Uniform Commercial Code is used in this agreement,the definition contained in t1w Cudc is to central.
6.GRATUITIES, The Buycr may,by written notice to the Sclivi%cancel this contract w%ituut liability to 20.APPLICABLE LAW. '['his agreement shall be governed by the Uniform Commercial Code.Wherceve-
Sellr if it is determined by Buyer that gratuities,in the form of entertainnnent,gilts or otlmrvise,were offered site term"Unifann Commercial Code"is used,it shall be construed as meaning the Uniform Commercial
at given by the Seller,ar any agent or representative or lite Seller,to any officer or employee of the City of Code as adopted in Ile State of Texas as effective and in force on the date orlhis agre:mat.
Lubbock with a view to securing a contact or securing favorable treatment with respect 10 tine awarding or 21.RIGHT TO ASSURANCE. Whehevev one parry to this cornet in good faith his reason to question
amending,or the making orally ddcnninations with respect to the performing of such a corn act. In the event the other party's intent to perform he may demand that the other party give written assurance of his intent to
this contrail is canceled by Buyer pursuant to this provision.Buyer shall be enticed,in addition to any other perform. In the event that a demand is made and no assurance is given within five(5)days•the demanding
rights and remedies.to re:overor withhold the amount critic cast inured by Seller in providing such gratuities. party may treat this failure as art anticipatory repudiation of the contract.
7.SPECIAL TOOLS&TEST EQUIPMENT. If Lite price stated oh the face he—f includes the cost of any 22.INDEMNIFICATION. Seller shall iadcmnifv,keep and save harmless the Buyer,its agents,officials and
special tooling or special test equipment fabricated or required by Seller for like purpose of filling this order, cmploylecs,against all injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments,costs
such special tooling equipment and any process sheets related tbcrato shall become the property of the Buyer and expenses,which may in anywise accrue against lite Buyer in consequence critic granting orchis Contract
and to the extent feasible shall be identified by the Seller as such. or which may anyavise result therefram,whether or not it shall be alleged or determined that the act was
S.WARRANTY.PRICE.a. The price to be paid by the Buycr shall be that contained in Seller's bid caused through negligence o•omission of the Seller or its employees,or of the subSelle•or assignee or its
%which Sclicr warrants to be no higher than Seller's current process on orders by otlhcrs for products of the kind emplgyces,it any,and the Seller shall,at his own expense,appear,defend and pay all charges of attoncys
and specification covered by this agreement for similar quautihies under similar of pike conditions and methods and all casts and other expenses arising therefrom of inured in connection therewith,and,if any judgment
of purchase. In the event Sellar breaches this warranty,the prices of the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall,at its aw•n expenses,satisfy and
Sellers curent prices an alders by Utters,or in the ahcl'nativc. Buyer may cancel this contract without discharge the same Seller expressly understands and agrees that any bond required by this contract, or
liability to Seller for breach or Seller's actual expense.b.The Seller%varmrso
as that no pen or selling agency othrnvse Provided by Seller,shall in no way limit cite responsibility to indemnity.keep and save harmless
has been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend the Buyeras herein provided.
commission,percentage,brokerage,or contingent fee excepting bona fide employees of bona fide established 23.TLME. It is h reby expressly agreed and understood that time is of the essence for the performance of
commercial or selling agencies maintained by the Seller for tile purpose of securing business. For breach of this contract,and failure by contact to meet the time specifications or This agreement will cause Seller to
viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cincel this be in default orthis agroenhent.
contract without liability and to deduct from the contract price,or otherwise recover without liability and to
deduct from the contact price,or otherwise recover the full amount orsuch conmmission,pume cage,brokerage 24.MBE. Thu City or Lubbock hereby notifis all bidders that in regard to any amuaet entad into
or contingent fee, pursuan to this request,minority and women business enlerpriscs 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,
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied wan•antis and any attempt to do sea or natural origin in consideration for an award.
so shall rcndr this contract voidable at the option of the Buycr. Scllrr warrars that the goods furnished will
confornt to the specification,drawings,and descriptions listed in the bid invitation,a rel to thcsanhple(s)fi i nished 25.NON-ARBITRATION.The City reserves tine night to exercise any right or remedy to it by law,contact,
by the Seller,if my In the event of a conflict or between tine specifications,drawings,and descriptions,the equity,or otherwise,including without limitation,the right to seek any and all fomes of relief in a court of
specifications shall govern.NOI1vILla landing any provisions contained in titre contractual agreement,the Seller competent jurisdiction.Further.the City shall not be subject to any arbitration process prior to exercising
represents and warrants fhult-free performance and fault-fhcc result in the processing date and date related data its unrestricted right to scckjudicial remedy.The remedies set forth herein arc cunmtalive and not exclusive,
(including.but not limited to calculating,comparing and sequencing)of all hardware,sotware and firmware and may .be exercised rorhcurnney.To the extent of anyconf ict bemveen this provision and another pmwision
products delivered and services provided under this Coturul,individually or in combination,as the cue may in,or related to.this document,this provision shall control.
be final the effective date or this Contract.The obligations contained herein apply to produns and scivices 26.RIGHT TO AUDIT.At arty time during the Tenn of the contract,or thereafter,the City,or a duly
provided by the Seller,its sub-Seller or any third party involved in the creation or development of the products authorized audit mitt se tauve of the City or the State of Texas,at its expense and at reasonable times,
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reserves the right to audit Contractors records and books relevant to all services provideul to the City tinder
obligations contained hcrcin,nmav result in the City of Lubbock availing itself orally of its rights under the this Contract. In tine caent such an audit by the City reveals any errors or ovepaymcm.a by the City.
law and under this Contract including,but not limited to,its right pertaining to termination or default. The Contractor shall refund the City the full amount ofsuch overpayments within thdny(30)days of such
warranties contained herein are separate and discrete front any other waranlics specified in this Contract, audit findings,or tine City,at its option,reserves the right to deduct such announls owing the City from any
and are not subject to any disclaimer of warranty,implied or expressed,or limitation of the Seller's liability payments due Contractor.
which may be specified in this Contact,its appendices,its schedules,its annexes or any document incorporated
in this Contract by reference, 27,HOUSE BILL 2015• [louse Bill 2015,signed by lite Govemor on June 14.2013 and c(fcclive on January
I.2014,authenus a penalty to be imposed on a pecan who contracts fix certain services with a governmental
10,SAFETY WARRANTY. Seller w•anants that the product said to the Buyer shall conform to the standards entity and who fails to properly classify their walkers.'I'his applies to subconh'acmrs is well.Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safcty and Health Act of 1970. In the subcontractors who fail to properly'classify individuals performing work under a governmental contract will be
event the product does-not conform to OSHA standards.Buyer may return lite product for correction or penalized 5200 for each individual that has been misclassified.(Texas Government Cade Scction 2155.001).
replacement at the Seller's expense. In the event Scllrr I'aihs to make the appropriate correction within a
reasonable time,correction made by Buyer will beat the Seller's expense. 23.ASSIGNING OR SUBLETTING THE CONTRACT.The Contractor shall not assign orsublet the contract.
or any portion or the contract, without written consent from the Director of Purchasing and Contract
It-NO WARPUUNTY BY BUYER AGAINST INFRINGENIENTS. As part of this contract for sale Seller Management. Should consent be given,the Contractor shall insure the Subcontractor or shall provide pmofon
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract Insurance requirements.
will give rise to the rightful claim orally third person byway of infringement of the like. Buycr makes no
warranty that tie production ofgoads according to the specification will not give Me to such 3 claim,and in no 29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PART-ILS. [louse Bill 1295,adopted by the 34th
event shall Buyer be liable to Seller for indemnification in to event that Seller is sued on the grounds of Legislature,created§2252.903,-rexu Goverment Code.Section 2252,908 requires a business entity entering
infringement of the like. ITSeller is of the opinion that an infp'ingemern or the like will result,he will notify time into retain contracts with a governmental entity or state agency to rode with the governmental entity or stale
Buy"to this effect in writing within two weeks afr the signing ofilhis 3greemetnt. If Buyer dos 1101 receive agency a dISCIOSLLre of interested paries at the time the business entity submits the signed contract to tine
notice and is subsequently held liable for the infringement or the like,Seller will save Buyer harmless. If governmental entity or state agency. Instructions for completing Form 1295 an available at:
Seller in good faith ascertains the production of the goads in accordance with t6c specifications will rsuh in LNm: sesaw.ci.Iublack.I s.uslikp;rnnemal-hech;;,js detnrhttentrnunhasinevendor-infhmr:ntioI
infringement or the like,the contract shall be null and void 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that lite Contractor has read.
12.NON APPROPRIATION. All funds for payment by the City under this contract are subject to the fully understands,and will be in fill compliance with all terns and conditions and the descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropHation of funds contained herein and any additional associated documents and Amendments.The City disclaims any terms and
by the City Council of the City of Lubbock for the goods or services provided under the contract,the City will conditions provided by the Contractor unless agreed upon in writing by like parties. In the event of conflict
tcmlinmc the contract.without termination charge or other•liability,on the last day of the then-curer fiscal between these terns and conditions and any terns and conditions provided by the Contractor,the lcnns and
year or when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided hcrcin shall prevail. The tents and conditions provided herein are the final terms agreed
is spent,whichever event occurs first. [rat any time funds are not appropriated for the continuance of this upon by the panics,and any prior conflicting tensa shall be of no force or effect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,bill f;hilure 10 give 3(.By accepting this 110,contractor acknowledges that pursuant to Scction 2270.002,Government Code,(a)
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of
termination. This section applies only to a contract that:(t)is between a governmental entity and a company wish ID
or marc full-time ennployees:and (2)has a value of S 100,000 or more that Lx to be paid wholly or p inly
13.RIGHT OF INSPECTION. Buycr shall have the right to inspect the goods at delivery below accepting from public funds of the govemmen al entity. (b)A governmental entity may not enter into a contract with
them a company for goods or sei ices unless the contract contains a written verification from the company that
14.CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivered it:(])does not boycott Israel:and(2)will not boycott Israel during the tenth of the contract..
portion of this order if Seller broac-hs any of the terms hereof including warranties or Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancllalion is in addition to and not in
Rev.07119
Opportunity Number:
Atec. Quotation Number:
Altec Industries,Inc. Sourcewell Contract#: 012418-ALT
Date: 8121/2019
Quoted for:City of Lubbock
Customer Contact:
Phone: I Email:
Quoted by:Alan Bailey
Phone:270-982-8122 1 Email:alan.bailey@altec.com
Altec Account Manager: Chad Sprague
REFERENCE ALTEC MODEL
AT37G JArticulating Telescopic Aerial Device Insulated $102,639
A. SOURCEWELL OPTIONS ON CONTRACT Unit
1 AT37G-AWD All Wheel Drive $5,227
2 AT37G-HFO H Frame Outrigggers,Wooden Outrigger Pads,and Pad Holders $3,340
3
4
(Al.) SOURCEWELL OPTIONS ON CONTRACT General
1 SPOT1 TWO(2)POST-MOUNTED SPOTLIGHTS.Mounted One(1)on Each Side of the Ch $648
2 SPOT3 FOUR(4)POINT STROBE SYSTEM(LED) $561
3
4
5
6
7
8
SOURCEWELL OPTIONS TOTAL: $112,415
B. OPEN MARKET ITEMS Customer Re uested
1 UNIT Outrigger Discount -$3,340
2 UNIT&HYDRAULIC ACC
3 BODY
4 BODY&CHASSIS ACC
5 ELECTRICAL
6 FINISHING
71 CHASSIS
81 OTHER
OPEN MARKET OPTIONS TOTAL: -S3,340
SUB-TOTAL FOR UNITIBODYICHASSIS: $109,075
Delivery to Customer: $2,178
TOTAL FOR UNITIBODYICHASSIS: $111,253
C. ADDITIONAL ITEMS items are not included in total above
1
2
3
4
"'Pricing valid for 45 days"'
NOTES
PAINT COLOR: White to match chassis,unless otherwise specified
WARRANTY:Standard Altec Warranty for Aerials and Derricks-One(1)year parts warranty One(1)year labor warranty Ninety
(90)days warranty for travel charges(Mobile Service)Limited Lifetime Structural Warranty.Chassis to include standard warranty,
per the manufacturer.
TO ORDER: To order,please contact the Altec Account Manager listed above.
CHASSIS:Per Altec Commercial Standard
DELIVERY: Based on stock availability
TERMS: Net 30 days
BEST VALUE: Altec boasts the following"Best Value"features:Altec ISO Grip Controls for Extra Protection,Only Lifetime
Warranty on Structural Components in Industry, Largest Service Network in Industry(Domestic and Overseas),Altec SENTRY
Web/CD Based Training,Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order.
TRADE-IN:Equipment trades must be received in operational condition(as initial inspection)and DOT compliant at the time of pick-
up.Failure to comply with these requirements,may result in customer bill-back repairs.
BUILD LOCATION: Elizabethtown,KY
City of Lubbock Sourcewell Quote 8.21.19.xlsx