HomeMy WebLinkAboutResolution - 2008-R0447 - Purchase Order For Heavy Equipment - Balar Equipment Corp. - 11/20/2008Resolution No. 2008-RO447
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 Balar Equipment Corp. of Phoenix, Arizona, 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.
,om_ /01��
TOM MARTIN, MAYOR
ATTEST:
Reb'e, ca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark Yea o , Assis nt City Manager
Chie formation Officer
APPROVED AS TO FORM:
Cha eaver, Assistant City Attorney
vw/ccdocs/Chad/Resolutions/RES-Balar Equipment Corp.-PurchaseOrd
November 11, 2008
T0:
PURCHASE ORDER
BALAR EQUIPMENT CORP
P.O. BOX 83118
PHOENIX AZ 85029
10: U11 Y UN LUBBUCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK. TX 79457
SHIP T0:
BY:
Page - 1
Date - 11/10/08
Order No. - 339110 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 - 03/31/09 Taken By - VASKO, TOM
Delivery - BID 08 -084 -MA Various Heavy Equipment
---------------------------------------.......................................
Description / Supplier Ite
............................
High Pressure, Water Jet Un
Sreco 2008, Per Spec 8775
Ordered UM Unit Cost UM
1.000 EA 105,520.0000 EA
Extension
105,520.00
Req. Dt
03/31/09
This purchase order encumbers funds in the amount of $105,520 for the purchase of High Pressure Water Jet Unit awarded to Balar Holding
Corporation. of Houston, TX 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—RO447
CITY OF LUBBOCK �/f ATTEST:
cz4 - � ,
;�-
/
Tom Martin, Mayor Ife—belea Garza,'City Secre ary
��l Order
Terms NET 30 105,520.00
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 m accordance with good
commercial practice. Each shipping container shall be clearly and permanently marked as
follows la) Seller's name and address, (b) Consignees name, address and purchase rider or
purchase release number and the supply agreement number if applicabte, (c) Container number
and total number of containers, eg. box I of4l boxes, and (d) the number of the container
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 confrxm with requirements
of common tamers and any applicable specifications. Buyer's count or weight shall be f nal
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authonzed to ship the
goods under reservation and no tender of a bill of lading will operate as a tender of goads.
3. 'TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall rat pat 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, qualityand the like. If a
tender is made which does int 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 orbits 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
rctease after 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, if any, 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 2000, Lubbock, Texas 79457. 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, gigs
or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to
any officer or employee of the City of Lubbock with a view to securing a contract or securing
i;iv orablc 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 R TEST EQUIPMENT. If the price stated on the face hereof includes the
crit 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 process sheets related
thereto shall become the property of the Buyer and to the extent reasible shall be identified by
the Seller as such.
S. WARRANTY -PRICE,
a. 'The price to be paid by the 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 of the
kind and specification covered by this agreement for similar quantities under similar of like
conditions and methods or purchase. to 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.
It. The Seller warrants that no person or selling agency has been employedor retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage, or contingent fee excepting bona tide employees of bans tide 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 arty 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. Seller shall not limit or exclude any implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
that the goods fumnshed will conform to the specification, drawings, and descriptions listed in
the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a co nflict
or between the specifications, drawings, and descnptions, the specifications shall govern.
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, 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 case may be from the effective date of this Contract.
Also, the Seller warrants the year2000 calculations wilt be recognized and accommodated and
will not, in any way, result in hardware, saftware or firmware failure. 'The Ctry of Lubbock, at
ns .sole option, may require the Stilet, ai ,try Iii—, it, demonstrate the pft;ccd,res it tntends to
follow in order to comply with all the obligations contained herein. The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or any third party
involved it. the creation or development of the products and services to be delivered to the City
of Lubbock under this Contract. Failure to comply with any of the obligations contained
herein, may result in the City of Lubbock availing itself ofany of its rights Order the law and
under this Contract including, hui not limited to, its right pertaining to termination or default.
1'iie warranties contained herein are r;eparte .and discrete from awry tither warranties Specified
in this Contract, and are not subject to arty disclaimer of %varranty, 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 canform to
the standards promulgated by the U. S. Department of Labor triter the Occupational Safety and
t leahh Act of 1970. In the event the product does nix conform to OSHA standards, Buyer may
rerun the product for correction or replacement at the Seller's expensein the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expense.
It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part ofthis contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give nse to the rightful claim of.my third person
byway of infringement of the like. Buyer makes no warranty that the prrid ctim ofgomis
according to the specification will not utve nse to such a claim, and in no event shall Buyer he
!table to Seller for mdemntfication to the event that Seller is sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement o 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 not receive notice and is subsequently held table fix the
infringement or the like. Seller will save Buyer harmless. If Seller m good faith ascertains the
production of the goods in accordance with the specifications will result in infringement or the
like, the contract shall he null and void.
12. RIGHT OF INSPECTION. Buyer shall have the right hi inspect the goods at delivery before
accepting them.
13. CANCELLATION Buyer shall have the right to cancel for default all or any part of the
undelivered porion of this order if Seller breaches any of the terms hereof including warranties
or Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such rightof
cancellation is m 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 ofwork hereunder shall he
effected by the delivery of the 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 of the
rights of Buyer set forth to Clause 13, herein.
15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the
fulfillment of arty terms of provisions or 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
of reasonable 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 of the 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 claim or right arising out of n breach of this contract can be 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, phi any specifications for bids and
Ixerformance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as part of his bid, is intended by the parties as a final expressum of their
agreement and intended .also as a complete and exclusive statement of the tens or their
agreement. Whenever a term defined by the Uniform Commercial Code is used to this
,agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall be gowmed by the Uniform Commercial Cock.
Where ever the term "Uniform Commercial Coote" is used, it shall be construed as meaning the
Uniform Commercial Code as adopted in the State of Texas as effective and to force on the
date of this agreement.
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party's intent to perform he may demand that the other party give written
assurance of his inters 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 is an anticipatory
repudiation o£the contract.
21 INDEMNIFICATION. Seller shalt indemnify, keep and save harmless the Buyer, its agents,
o!Ticials and employees, against all injuries, deaths, toss, damages, claims, patent claims, suits,
habilines,hudgments, costs and expenses, which may in anywise accneagatmt the Buyer to
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
of the Seller or its employces, or of the subSelter or assignee or its employees, Vary, 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, of any pdgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own experses,
satisfy and discharge the same Seller expressly understands and Agrees that any bond rerlmred
by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to
�rdemm61, keep and save harness and defend the Buyer as herein provided.
22. TIME It is hereby expressly agreed and uodersnxxl that time is of the essence for the
performance of this contract, and failure by contract to meet the time specificanons of this
Agreement will cause Seller to be to default of this agreement.
23. ,ttBE. The City of Lubbock hereby notifies all bidder; 'hit in regard to anv contract entered
into pursuant to this request, minority and women business enterprises will he afl,rded equal
opportunities to .submit bids in response to this invitation and will not be distort: oared.igamst
ria the grounds of race, color, sex or natural origin in consideration for an award.
Rev. 0812005