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HomeMy WebLinkAboutResolution - 2002-R0391 - Purchase Order For Fire Truck - 09/26/2002Resolution No. 2002-80391 September 26, 2002 Item No. 31 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 for a fire truck, per RFQ #200-02/BM by and between the City of Lubbock and Houston Galveston Area Council of Houston, 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 26th day ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: yt�� Victor Kilman, Pt4chasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Purch Order -Houston Galveston Area Council. res Sept. 16, 2002 TO: City of Lubbock P U R C H A S E 0 R D E R HOUSTON GALVESTON AREA COUNCIL 3555 TIMMONS SUITE 500 HOUSTON TX 77027 Pd a olution No. 2002—RO3911 Date - 9/13/02 Order No. - 230123-000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR LUBBOCK TX 79401 ---------- - - - Ordered - 09/05/02 Freight - FOB. Destination Frt Prepaid Requested - 03/06/03 Placed By - BRUCE MACNAIR 775-2163 Special Ins Reference RFQ# 200-02/BM H -GAC BID#FP00-08 -------------------------------------------------------------------------------------. Description / Supplier Item Ordered UM 1250 GPM Pumper Truck 2.000 EA Order is per HGAC bid/contract # FP00-08 HGAC Administration Fee 1.000 EA Order is per HGAC bid/contract # FP00-08 Unit Cost UM 301,268.0000 EA 2,000.0000 EA Extension Req. Dt 6021536.00 03/06/03 2,000.00 03/06/03 This purchase order encumbers funds in the amount of $604,536.00, for a bid awarded to Houston -Galveston Area Council, of Houston Texas, on September 26, 2002, in accordance with your response to RFQ#200-02/BM, Fire Truck Purchase. The following are incorporated into and made part of this purchase order by reference: Customized Product Pricing Summary Based on Contract # FP00-08, Lubboglc,Priced Options, and Lubbock Unpriced Options. CITY UBBOCK ATTEST: c McDougal, May rRebecca Garza, City Secreta APPROVED AS TO FORM: -- William de Haas, Contract Manager/Attorney Total Order Terms NET 30 604,536.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 3. SELLER TO PACKAGE GOODS. Sella will package goods In accordance with good eommerciai practice. Each shipping container shall be clearly and permanently trucked a follows (a) Seller's name and address, (b) Consignee's none, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Contains number and total numbs of containers, a g. box I of 4 boxes, and (d) the numbs ofthe container bearing the packing slip. Sella shall bear cost of packaging unless otherwise provided. Goods shall be suitably picked to secure lowest transportation toss and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive an shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a 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 Buys actually receives and takes possession ofthe goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tends of delivery of goods 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 Sella 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 nuke a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Sella 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 number and the supply agreement aumber if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy ofthe bill of lading, and the firi ht w .,:.iii when applicable, should be attached to the invoice. Mail To. Accounts Payable. City of Lubbock P. 0. Box 2000, Lubbock. Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. b. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contact 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 representative ofthe Seller, to any officer or employee ofthe City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such 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 ofany 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 of the Buyer and to the extent feasible shall be identified by the Seller as such. & WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Sella warrants to be no higher than Seller's curer 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 Sella breaches this warranty, the prices of the items shall be reduced to the Seller's current prices an 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 agreement or understanding for commission, 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 ofrights 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 recova the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller :ball not limit or exclude any implied warranties and any attempt to do :o shall render this contract voidable at the option ofthe Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) famished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Sella represents and warrants fault -free performance and fault -free result in the processing date and date related data ('including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the cue may be from the effective date of this Contract Also, the Seller warants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardwan, software or firmware failure. The (Sty of Lubbock at is sok 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 parry involved in the creation or development of the products and services to W delivered to the City of Lubbock under this Contmct. Failure to comply with any ofthe obligations contained herein, stay result in the City of Lubbock availing itsetfof any of its rights under the law and under this Contract including, but not limited to, its tight 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 ofwarranty, implied or expressed, or limitation ofthe Sella's liability which may be specified in this Contract, its appendices, its schedules, its aanexes or any document Incorporated in this Contract by reference. 10. SAFETY WARRANTY. Sena warrants that the product sold to the Buyer shall conform to she 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 a?URCWTERM00ND.DOC may return the product for correction or replacement at the Sella's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manuficnired in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person byway of infringement ofthe like. Buyer makes 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 indemnification in the event that Sella is sued on the grounds of infringement of the like. If Sella is ofthe 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 no naive notice and is subsequently held liable for the infringement or the bike. Sella will save Buyer harmless. if Sella in good faith ascertains the production ofthe goods in accordance with the specifications 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 thein. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part ofthe undelivered portion of this order if Seller breaches any ofthe terns hereof including warranties of Seller or if the Seller becomes insolvent or commits sets of bankruptcy. Such right of cancellation is in addition to and not in lieu of any 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 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 and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu ofthe rights of Buya set forth is Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting ifthe fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered with, and which by the exercise of rcasooable 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 ofthe Buyer. Any attempted assignment or delegation by Sella shall be wholly void and totally ineffective for au purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this contact can be discharged in whole or in part by a waiver or renunciation ofthe claim or right unless the 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 par of his bid, is intended by the paries as a foal expression of them agreement and intended also as a complete and exclusive statement ofthe terns of their agreement. Whenever a 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 "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in fora on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith hu 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 ofthe contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which nay 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 is employees, or ofthe subSClla or assignee or its employees, if any, and the Sella shall, at his own expense, appear, defend and pay all charges of attomeys and an costs and other expenses arising therefrom of inured in connection therewith, and, Vany judgment shall be tendered against the Buyer in any such action, the Seller :ball, at is 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 bamrless and defend the Buyer as herein provided. 22. TIME. It is hereby expressly agreed and understood that time is ofthe essence for doe performance of this contract, and failure by contract to mea the time specifications of this agreement will cause Sella to be in default of this agnemeeL 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, eplor,,sex or natural origin in consideration foran award.