HomeMy WebLinkAboutResolution - 2008-R0446 - Purchase Order For Heavy Equipment - Screen Machine Industries, Inc. - 11/20/2008Resolution No. 2008-RO446
November 20, 2008
Item No. 5.14
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 the
purchase of Various Heavy Equipment as per ITB 08 -084 -MA, by and between the City
of Lubbock and Screen Machine Industries, Inc. of Pataskala, Ohio, 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 20th day of November , 2008.
TOM MARTIN, MAYOR
ATTEST:
ReN4 ca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark ear;vo6g,—Assi—staht City Manager
Chief Information Officer
APPROVED A TO TRM:
Chad Weaver, Assistant City Attorney
vw/ccdocs/Chad/Resolutions/RES-Screen Machine Industries-PurchaseOrd
November 11, 2008
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P U R C H A S E 0 R D E R
SCREEN MACHINE INDUSTRIES INC.
10685 COLUMBUS PARKWAY
PATASKALA OH 43062
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
SHIP T0:
BY:
Page - 1
Date - 11/10/08
Order No. - 339058 000 OP
CITY OF LUBBOCK
AUTO PARTS WAREHOUSE
204 MUNICIPAL DRIVE
LUBBOCK TX 79404
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Ordered - 11/10/08 Freight - FOB Destination Frt Prepaid
Requested - 12/31/08 Taken By - MARTA ALVAREZ
Delivery - BID 08 -084 -MA VARIOUS HEAVY EQUPMENT
Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt
--------------------------------------- ------------- -- ------------ --------
Scalper 77C, Portable Scree 1.000 EA 109,428.0000 EA 109,428.00 12/31/08
Per Spec 923 UPS
This purchase order encumbers funds in the amount of $109,428 for the purchase of Portable Screen Machine awarded to Screen Machine
Industries, Inc. of Rataskala, OH on November 20, 2008 in accordance with your response to BID# 08 -084 -MA, Various Heavy Equipment. The
following is 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 BID# 08 -084 -MA. Resolution# 2008—RO446
CITY OF LUBBOCK ATTEST:
Tom Martin, Mayor Rebec a Garza, City Secret ar%
1 Order
---------------------------- --
Terms NET 30 109,428.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CiTY OF LUBBOCK, TEXAS
Seiler and Buyer agree as follows:
1 SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address. Ib) 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 I of 4 boxes, and (d) the number ofthe container
bearing the packing slip. Seller shall bear asst of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to crtfotm with requirements
of common cameo and arty applicable specifications. Buyer's count or weight shall be final
and comiusnve on 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 bili of holing will operate as a render of goods.
3. Ti ME AND RISK OF LOSS. The title and nsk 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
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
terrier is made which does not fully confirm, this shall constitute a breach and Seller shall not
have the right to substitute a conforming tinder, provided, where the time For performance has
not yet expired, the Seiler may reasonably notify Buyer of hu intention to cure and may then
make a conforming tender within the contract time but not afterward.
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
number and the supply agreement number ifapplicable. Invoices shall be itemized and
fransponation charges, if any, shall be listed separately. A copy ofthe 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 2(0. Lubbock, Texas 71)457. Payment shall not be due
until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the firm 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 of the cost incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated an the face hereof includes the
cost of any special tooling or special test equipment fabricated or required by Seller for the
purpose of tilling this order, such special tooling equipment and any prowess sheets related
thereto shall become the property ofthe Buyer and to the extent feasible shall be identified by
the Seller as such.
8. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seiler
warrants to be no higher than Seller's current prowess on orders by others for products ofthe
kind and specification covered by this agreement for similar quantities under similar of like
conditions and methods or 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 agreement or understanding for commission, percentage,
brokerage, or contingent fie excepting bona ride 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 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 commission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seiler shall. no limit or exclude any implied warranties and any
attempt to do so 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) furnished by the .Seller, if arty. In the event of a conflict
or between the specifications, drawings, and descriptions, the specifications shall govem.
Notwithstanding any provisions contained in the contractual agreement, the Seller represents
and warrants fault -free performance and fault -free result in the processing date and date related
data (including, bort not limited to calculating, comparing and sequencing) of all hardware,
software and f rmware products delivered and services provided under this Contract,
individually or in combination, as the case may be from the eflecave date of this Contract.
Also, the Seller warrants the year2000 calculations will he recognized and accommodated and
will not, in arty way, result in hardware, software or firmware failure. The Cityof Lubbock, at
its soie option, may require the Sciler, .d say hire, to dedmoasir.fe .be procedures rt paten$ to
follow in order to comply with all the obligations contained herein, rhe obligations contained
herein apply to products and services pros ided by the Seller, its sub -Seiler or any third party
involved in the creation or development ofthe products and services to be delivered to the City
of Lubbock ;coder this Contract. Failure to comply with any of the obligations contained
herein, may result :n the City of Lubbock availing itself of any oflts rights under the law and
under this Contract including, but not limited to. :is right pertaining to termination or default.
I ne warranties contained herein are separate and discrete from any other warranties specifced
in this Contract,.nd are not subject to any disclaimer of .varanty, implied or expressed, or
limitation ofthe 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 cf 1970. In the event the product does not confirm to OSHA standards, Buyer may
retum the product for correction or replacement at the Sellei s expense In the event Seiler
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expense.
11. NO W ARRANII' BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specdications attached to this agreement will give rise to the rightful claim of arty third person
by way of infringement ofthe like. Buyer makes no warranty that the pr thction of goods
according to the specification will not give nse to such a claim, and in no event .shall Buyer he
liable to Seller for indemnification in the event that Seller is sued on the grounds of
mfnngetnem of the like. If Seller is of the opinion that an mfnitgement or the like will result,
he will notify the Buyer to this etTect in writing within twee weeks after the signing of this
agreement. If Buyer does not receive notice and is subsequently held liable fur the
infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the
production ofthe gm -As int 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 them.
!3, CANCELLATION. Buyer shall have the right to cancel for default all or any part of the
undelivered portion of this order if Seiler breaches any of the terms hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such rightof
cancellation is m addition to and not in lieu ofarty 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 he
of iected 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 Buyer set forth in Clause 13, herein
15. FORCE MAIEURE. Neither patty shall be held responsible for losses, resulting if the
fulfillment of any terms of provisions of [his contract is delayed or prevented by ary cause not
within the control ofthe party whose performance is interfered with, and which by the exercise
of reasonable diligence said party is unable to prevent.
M. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void .sed totally ineffective for all
purpose unless made in conformity with this paragraph.
17. WAIVER. No claim or right arising out of a breach of this contract can he discharged in whole
or in part by a waiver or renunciation of the 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 :is advertisement for bids, and any other documents
provided by Seller as pot of his bid, is intended by the parties as a final expression of their
agreement and intended also as a cnnplete:nd exclusive statement ofthe terms 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 Cade.
Where ever the term "Uniform Commercial Code" is used, it shall be construed its meaning the
Uniform Commercial Code as adopted in the State of Texas as effective and in force on the
date of this agreement.
20, RIGHT TO ASSURANCE. Whenever one party to this contract in good faith his 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 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 of the contract.
21 INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
oflicials auxi employees, against all injuries, deaths, 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 :nyvinse result therefrom, whether
or not it shall be alleged or determined that the act was caused through negligence or innission
ofthe Seller or its employees, or of the subSeller or assignee or its employees, if.uov, 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. d'any)udgment
shall be rendered against the Buyer in any r,uch action, the Seller shall, at is awn expenses,
satisfy and discharge the same Seller expressly understands and agrees that any bond regiared
by this contract. or otherwise provided by Seller, shall in no way limit the responsibility to
indemn!6!, keep and save ha^.mless and defend the Buyer as herein pro•:ided.
72, TIk7F._ It is hereby expressly agreed and understood that time �s of the essence for the
performance of this contract, and failure bq•contract to meet the time ipecificanons of this
agreement will cause Seller to be in default of this agreement.
23. VIBE. 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 beafliirded equal
opportunities to submit bids in response to this invitation and will not be discrimutated against
on the grounds of race, color, sex ser natural origin in consideration loran award.
Rev. OR2005