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HomeMy WebLinkAboutResolution - 2001-R0185 - Purchase Order Bid - Bruckner Truck Sales - 05/10/2001Resolution No. 2001-RO185 May 10, 2001 Item No. 47 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 #047-01/RS for refuse collection trucks, by and between the City of Lubbock and Bruckner Truck Sales 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 10th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: . Ute -1 Victor Kilman, Purchasing Manager G19 9181101 OX.1Xyl 11011to) .7u 1 William de Haas Contract Manager/Attorney gs/ccdocs/PurchOrd-Bruckner Trk Sales.res April 30, 2001 day of May , 2001. WINDY SIT N, MAYOR TO: City of Lubbock PURCHASE ORDER BRUCKNER TRUCK SALES INC P 0 BOX 12068 1125 E. SLATON HWY LUBBOCK TX 79452 Resolution No. 2001-RO185 Page - 1 Date - 5/10/01 Order No. - 202304-000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK 324 MUNICIPAL DRIVE LUBBOCK TX 79403 Ordered - 05/10/01 Freight - FOB Destination Frt Prepaid Requested - 09/07/01 Placed By - RON SHUFFIELD 775-2170 Special Ins Per ITB # 047-01/RS ATTN: Cobe Gilliam -------------------------------------------------------------------------- ....... Description / Supplier Item --------------------------- Roll-Off Container PER SPEC 808 -SW Total price includes one and On -Board Scale. Cab/Over Sideloader PER SPEC 801 -610 -SW Total price includes one Ordered UM Unit Cost UM Extension Req. Dt --------------- ----------------- --------------------------- 1.000 EA 108,449.0000 EA 108,449.00 08/10/01 (1) set of manuals, Auxiliary Axle, 3.000 EA 141,645.0000 EA 424,935.00 09/07/01 (1) set of manuals. This purchase order encumbers funds in the amount of $533,384.00 for a bid awarded Bruckner Truck Sales Inc. of Lubbock; Tekas on May 10, 2001 in accordance with your response to ITB #Q47- 01/RS, Refuse Collection Trucks. The following are incorporated into and made part of this purchase order by reference: bid submitted dyyo r fir including the Bid Form; Specifications, and General Conditions of ITB #047=01/RS CITY OF LUBBOCK ATTEST: iibindyl ittarrt ayar Ale T Coo a Rebecca Garza, City Secretary Mayor Pro Tem APPROVED AS TO FORM: William de Haas, Contract Manager%Attorney Total Order -----------------------------------------------------------------•--- Terms NET 30 533,384.00 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 may return the product for correction or replacement at the Seller's expense. In the event commercial practice. Each shipping container shall be clearly and permanently marked as Seller fails to make the appropriate correction within a reasonable time, correction made by follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or Buyer will be at the Seller's expense. purchase release number and the supply agreement number if applicable, (c) Container number 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container sale Seller agrees to ascertain whether goods manufactured in accordance with the bearing the packing stip. Seller shall bear cost of packaging unless otherwise provided. specifications attached to this agreement will give rise to the rightful claim of any third person Goods shall be suitably packed to secure lowest transportation costs and to conform with by way of infringement of the like. Buyer makes no warranty that the production of goods requirements of common carriers and any applicable specifications. Buyer's count or weight according to the specification will not give rise to such a claim, and in no event shall Buyer be shall be final and conclusive on shipments not accompanied by packing lists. liable to Seller for indemnification in the event that Seller is sued on the grounds of 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the 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 goods under reservation and no tender of a bill of lading will operate as a tender of goods. agreement. If Buyer does not receive notice and is subsequently held liable for the 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the until Buyer actually receives and takes possession of the goods at the point or points of production of the goods in accordance with the specifications will result in infringement or the delivery. dike, the contract shall be null and void. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before fully comply with all provisions of this contract as to time of delivery, quality and the like. If accepting them. 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 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may undelivered portion of this order if Seller breaches any of the terms hereof including warranties Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of then make a conforming tender within the contract time but not afterward. of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in 5. INVOICES & 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 14. law or equity. TERMINATION. The performance of work under this order may be terminated in whole, or number and the supply agreement number if applicable. Invoices shall be itemized and in part by the Buyer in accordance with this provision. Termination of work hereunder shall transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the Accounts be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which of work under the order is terminated and the date upon which such fi tight ws,l.iil when applicable, should be attached to the invoice. Mail To: Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due performance termination becomes effective. Such right or termination is in addition to and not in lieu of the until the above instruments are submitted after delivery. rights of Buyer set forth in Clause 13, herein. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without 15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if the 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 representative of the Seller, fulfillment of any terms 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 to any officer or employee of the City of Lubbock with a view to securing a contract or of reasonable diligence said party is unable to prevent securing favorable treatment with respect to the awarding or amending, or the making of any 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or determinations with respect to the performing of such a contract. In the event this contract is delegation of any obligation made by Seller without the written permission of the Buyer. Any canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all rights and remedies, to recover or withhold the amount of the cost incurred by Seller in purpose unless made in conformity with this paragraph. providing such gratuities. 17. WAIVER No claim or right arising out of a breach of this contract can be discharged in 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the whole or in part by a waiver or renunciation of the claim or right unless the waiver or cost of any special tooling or special test equipment fabricated or required by Seller for the renunciation is supported by consideration and is in writing signed by the aggrieved party. 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 Ig. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids the Seller as such. and performance provided by Buyer in its advertisement for bids, and any other documents by Seller as part of his bid, is intended by the parties as a final expression of their S. WARRANTY -PRICE. provided agreement and intended also as a complete and exclusive statement of the terms of their a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller agreement. Whenever a term defined by the Uniform Commercial Code is used in this warrants to be no higher than Seller's current process on orders by others for products of the agreement, the definition contained in the Code is to control. kind and specification covered by this agreement for similar quantities under similar of like and methods of In the event Seller breaches this warranty, the prices of 19. APPLICABLE LAW. This agreement shall be governed the Uniform Commercial Code. conditions purchase. the items shall be reduced to the Seller's current prices on orders by others, or in the , i construed as meaning the Where ever the term "Uniform Commercial Code" is used, t shall Uniform Commercial Code as adopted in the State of Texas as effective and in force on the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's date of this agreement. actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to 20. RIGHT TO ASSURANCE. Whenever one patty to this contract in good faith has reason to solicit or secure this contract upon an agreement or understanding for commission, percentage, question the other party's intent to perform he may demand that the other party give written brokerage, or contingent fee excepting bona fide employees of bona fide established assurance of his intent to perform. In the event that a demand is made and no assurance is commercial or selling agencies maintained by the Seller for the purpose of securing business. given within five (5) days, the demanding party may treat this failure as an anticipatory For breach of vitiation of this warranty the Buyer shall have the right in addition to any other repudiation of the contract. right of rights to cancel this contract without liability and to deduct from the contract price, or 21, INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, otherwise recover without liability and to deduct from the contract price, or otherwise recover officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, the full amount of such commission, percentage, brokerage or contingent fee. liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any consequence of the granting of this Contract or which may anywise result therefrom, whether attempt to do :a shall render this contract voidable at the option of the Buyer. Seller warrants or not it shall be alleged or determined that the act was caused through negligence or omission that the goods furnished will conform to the specification, drawings, and descriptions listed in of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the the bid invitation, and to the samples) furnished by the Seller, if any. In the event of a Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs conflict or between the specifications, drawings, and descriptions, the specifications shall and other expenses arising therefrom of incurred in connection therewith, and, if any judgment govern. Notwithstanding any provisions contained in the contractual agreement, the Seller shall be rendered against the Buyer in any such action, the Seller shall, at its own expeuses, represents and warrants fault -free performance and fault -free result in the processing date and satisfy and discharge the same Seller expressly understands and agrees that any bond required date related data (including, but not limited to calculating, comparing and sequencing) of all by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to hardware, software and firmware products delivered and services provided under this Contract, indemnify, keep and save harmless and defend the Buyer as herein provided. individually or in combination, as the case may be from the effective date of this Contract Also, the Seller warrants the year2000 calculations will be recognized and accommodated and 22, TIME. It is hereby expressly agreed and understood that time is of the essence for the of this contract, and failure by contract to meet the time specifications of this will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at performance agreement will cause Seller to be in default of this agreement. 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 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered herein apply to products and services provided by the Seller, its sub -Seller or any third party involved in the creation or development of the products and services to be delivered to the City 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 of Lubbock under this Contract. Failure to comply with any of the obligations contained on the grounds of race, color, sex or natural origin in consideration for an award. herein, may result in the City of Lubbock availing itself of any of its rights under the law and tinder this Contract including, but not 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 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 Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer G: P URCH/TERMCOND. DO C