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Home My WebLink AboutResolution - 2014-R0368 - PO - Kann Manufacturing Corporation - Side Loader - 10/23/2014Resolution No. 2014-RO368 Item No. 5.13 October 23, 2014 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. 31020708 by and between the City of Lubbock and Kann Manufacturing Corporation of Guttenberg, Iowa for 27 Yard Commercial Side Loader per Buy Board 425-13, 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 _ October 23, 2014 G N C. ROBERTSON, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CON NT: �w Scott Snider, Assistant City Manager APPROVED AS TO FORM: it ell Sa'trerZNte, Ft st Assistant City Attorney vw:ccdoes/RES.Kann Mfg-PurehaseOrd September 22, 2014 Resolution No. 2014-RO368 �•' City of If Lubbock PURCHASE ORDER Ttxas TO: KANN MANUFACTURING PO BOX 400 GUTTENBERG Iowa 52052 INYOICETO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOM TX 79457 Page - 1 Date - 10/07/2014 Order Number 31020708 000 OP Branch/Plant 3526 SHIP TO: CITY OF LUBBOCK 324 MUNICIPAL DRIVE LUBBOCK Texas 79403 Ordered 09/09/2014 Freight Requested 06/30/2015 Taken By K SHEPHERD Delivery PER L COX - REQ 43246 QTE# 4219 - BUYBOARD 425-13 Description/ upplierhem Ordered Unit Cost IIM Extension Request Date 27 Yard Commercial Side Loader 5.000 48,649.0000 EA 243,245.00 06/30/2015 Paint Mise Matt PPG#FDGH SLC 5.000 2,800.0000 EA 14,000.00 06/30/2015 PPG# FDGH 90604 NC Int White 30.000 110.0000 EA 3,300.00 06/30/2015 Single Hook Load Opt SLEC 5.000 1,455.0000 EA 7,275.00 06/30/2015 Hinged Ladder 4R Deck SLEC RR 5.000 182.0000 EA 910.00 06/30/2015 Whalen M6A DUA MID TLGT Strobe 5.000 1,850.0000 EA 9,250.00 06/30/2015 Beacon, Super -LED L360 Amber 5.000 560.0000 EA 2,800.00 06/30/2015 Dash Indicated Light Switches 5.000 50.0000 EA 250.00 06/302015 Tum Signal Lites w/Arrow Lens 5.000 248.0000 EA 1,240.00 06/30/2015 Lights, Side Work Option SLC 5.000 165.0000 EA 825.00 06/30/2015 Loading Work Lights, SLEC 5.000 90.0000 EA 450.00 06/30/2015 Convoy Triple Camera Pkg 5.000 1,991.0000 EA 9,955.00 06/30/2015 SLEC31YD SSL PTO/T Poop Frtlnr 5.000 27,802.0000 EA 139,010.00 06/30/2015 Buyboard Service Fee 5.000 400.0000 EA 2,000.00 06/30/2015 Freight 5.000 2,075.0000 EA 10,375.00 06/30/2015 Terms NET 30 444,885.00 This purchase order encumbers funds in the amount of $444,885 awarded to Kann Manufacturing Corporation of Guttenberg, IA, on October 23, 2014. The following is incorporated into and made part of this purchase order by reference: Price quotation 4219 dated August 8, 2014, from Kann Manufacturing Group of Guttenberg, IA and Buyboard Contract Number 425-13. Resolution # 901 d.R 0369 CITY OF LUBBOCK GI obertson, Mayor ATTEST: ,Q�Lg.e,— �-�k Reb eco Garza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARDTERMSAND CONDMONS CITY OF LUBBOCK TEXAS Sega and Buyer agneas fellows: 1. SELLER TO PACKAGE GOODS. Salla will package goods in sexwrdstx with good commercial pristine. Each shipping container da be daily and pammently marked as follows W Sena's moms, and address. (b) Cansfip e's name, address and purchase order or purchase idose mh®I and the supply agreement suunba if applecablm (c) Container number and total mm bet of oentiirters erg box 1 of 4 bona, and (d) the mamba of the container bearing the pad:ingslip. Sellershallbarcess of pad:aging umlc s otherwisepro MA Goods shall be suitably parked to scare lowest transportation ane and to conform with requirements of common carriers ad any applicable specifications. Buyer's Boum or weight shall be sinal and conclusive an shipments nes rcrompardedby packing lire 2. SHIPMENT UNDER RESERVATION PROHIBITED. Salla is nes sutMrssed to ship the goods under reservadohand no undaof s bill of lading will operates a teach of goods. 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 rho point or pains of delivay. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every coda of ddivay of goods smmt folly comply with all previsions of this coma, w to time of delivery, quality and the like. if a tarda is made which does mot fully conform, this shall constitute a breach and Sella shall cwt have tic right to substitute a conforming tender, provided. where the time for performance has not yet expiad, the Sella may reasonably notify Buyer of his intention to aro and may then make a corfamring under within she contract t rebut not afterward S. 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 agrmnent nuthba if applicable. Invoices shall be itaniscd and transportation charges, if any, shall be listed separately. A copy of the bill of ladin& and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable. City of Lubbock. P. 0. Box 2000. Lubbodk, Texas 79437. Payment shall not be due until the above Instruments are submitted oft delivery. 6. GRATUITIES. The Buyer may, by written notice to the Salla, cancel this contract without liability to Sella if it is determined by Darya that gratuities, in she farm of entertaimnenL gifts or othawisq was offered Of given by the Sella, Of any agent or repeseutative of the Salla, to any OMccr or employee of the City of Lubbock with a view to securing a contract or securing favorable bratment with respect to the awarding or i me ding. or the making of any determinations with respect to the performing of such a contract In the even this contract is canceled by Byer punmant to this provision. Buys shall be entitled. in addition to any other rights and raimodies, to mwvcr or withhold the amount of the cost inured by Sella in providing such gratuities. 7. SPECIAL TOOLS cit TEST EQUIPMENT. If din pix stated an the face hereof includes the coat of any special tooling or Vocial test equipment fabricated or required by Salla fa the propose: of filling this order. such apecW tooling equipment and any process that: sited t hercto shall borons she property of the Buyer and to the extent feasible shall be Weadfled by din Seller as nsdL 8. WARRANTY•PRC'E. a The price to be paid by the Buyer shall be dust contained in Sellers bid which Salla whomm s to be no higher don Sella's ement process an orders by others, for produce; of the kind and specification covered by ahs agreement for similar quanta under similar of liyro send== and methods of ptudusae. N the even Salla breaches this warranty, the pias of the items shall be reducad to the Sends current plica on orders by others. or in the ahasstice. Byer may caned this contract without liability to Sella for breach or Seller's actual expose. b. The Sella wamnts tar mo Person or selling am" has been anptoyad or retained to solicit or am= this contraer upon an agranran or understanding fa eomrAnkm percentage. brokerage, or contingent fee excepting bona fide employs= of bora line established damn, ia3 or selling agenda maintained by tiro Setter for dw purpose of sawing business For breach of vitiation of this wammy tiro Bya shall We she right in addition to try other right of rights an canal this contract without liability and to dcdm from the combats price, or otherwise recover without liability and to deduct from the exhta act prim or Otherwise recover the ftdl amount ofnsh c mardW=, percentage, brokerage or coesi age s: fee 9. WARRANTY -PRODUCT. Sella shall not limit or exclude any implied wamndes and any attempt to do coo shall rads this xntraer voidable at the option of the Buycc Sella warrants that the goods furnished will conform to the spedfladmi, drawings, and descriptions listed in the bid invharoa and to the sample(s) famished by the Sella, if any. In tho evert of a conflict or between the specifications, drawings. and deseripdons, the specifications shall govern Notwithstanding any provisions contained in the contractual agreemem, the Sella represents and warrants fault -fico performance and fault -nae mull In she processing date and dos related dna (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contras, Individually Or in combination, as the ase may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub. Sella or any third party Involved In the cation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure ro comply with any of the obligations contained herein, may mult in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to. its right pertaining to termination or def MIL Tho wom inties contained herein am separate and discrete from any other warranties specified In this Contract, and oro not subject aro any disclaimer of warranty, implied or expressed, or limitation of the Sclla's liability which may be specified In this Comma, its appendices. its schedules. Its annexa or any document Incorporated in this Contract by refaence. 10. SAFETY WARRANTY. Seller warrants that the product sold to die Buyer shall conform to the standards promulgated by the U. S. Department of Labor oder she Occupational Safety and Health Act of 1970. In the event the product does rot conform to OSHA stshdsaft Buyer may ream the product for con an or replacement at the Sd1a's experoa 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 WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this cc for sale Sella sgrea to ascertain whether goods mamdachred in accordance with thw speciRator sttaclied to this agreement will give rise to the rightfid claim of any, third person 12. Non Aeonomiation: All Ruda for payment by the City ander this contract am subject to the availability of an annual sppropiadon for this pupose by tike City. In the event of eiwuppOpiation of fu ds by the City Council of rhe City of Lubbock for the goods or services; provided coda the contract to City will termirsu the contract, without teaniauton dirge or aka liability. an the Last day of the then -cunt fiscal yea or when ale appopaiat in made for due dusercu eernh year for the gaoda or services coveral by this contract is spent, whiciicva ovtnt oars flat If at any time funds are ow appropriated for the eomimusncc of ahs contact, anoetlnion shall be accepted by the Seiler an thirty 130) days prior written notice. but Whom to give such notice shall be of ion effm and the City shall cwt be obligated wider ribs eantma beyond the date of tammadert. by way of infringement of the like, Buys mita no warranty that the production of goods aoowduig to due spocifiatan will not give rise to such a claim. and in no event shall Bayer be liable to Sella for isder utifl atiorm in do overt dW SeUa is sued en the graroda of infiingotaw of die tike. If Sena is of the opinion that an inf ingeman or the Like will rendk be will swdfy the Buyer to this effort in writing within two wades after the signing of this agreanan. if Buyer does not receive mortice and is subsequently held noble for die inbingann:t or die like. Salla will sae Byer harmlcm If Salla In good faith ascatalns the produaian of the goods in accordance with the specifications will mutt in infiirtachow" or the hike, the comma shall be mull and void 13. RIGHT OF INSPECTION. Buyer shall have the right to import die goods at delivery before ung d- 14. CANCELLATION. Buyer shah have the right to cancel for defudt all or any pan of the undelivered portion of this order if Sella bresdsa any of the lams horror imbding warranties of Sella or if due Sella becomes insolvent or commits am of bankruptcy. Such right of cancellation is in addition to and not in lieu of any otherremedies which Buyer may have in hw a equity. 15. TERMINATION. The performance of work under this order maybe terminated in whole, or in pan by the Byer in accordance with this provision. Taminadas of wale hereunder shall be effected by the delivery of the Sella of a "Notice of Tominathan" specifying the extent to which performance of work wider the order Is terminated and the date upon which such lamination becomes effective. Such right or termination is In addition to and not in lieu of the rights of Buyer ser forth in Clause 13, herein. 16. FORCE MAIEURE Neither party shall be held msponsibto for losses, resulting If the 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 of reasonable diligence said putyis unable to prevent 17. ASSIGNMENT -DELEGATION. No right or Interest in this contract shall be assigned or delegation of any obligation made by Sella without the written permission of the Buyer. Any attempted assignment or delegation by Sella shall be wholly void and totally ineffective for all pwpose unless nude in conformity with this paragraph 18. WAIVER. No Balm or right arising out of a breach of anis comma can be discharged in whole Orin pan by a waiver or sanmclatlon of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writin& plus say specifications for bids and performance provided by Buyer in its advertisement for bids. and any oder documents provided by Salla as part of bis bid Is {mended by the parties as a finaleipreion of their agreement and intended also as a complete and exclusive statement of the retro of their agrohnia:L Whenevera tam defined by the Uniform Commercial Code is acrd in this agreatxr:L the definition conainod in thcCodo isto control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wham ever the term -Uniform Commadd Codd" is hoed. it sha8 be corsaoed as morning the: Uniform Commadal Code as adopted In din Sato of Texas as effective and in frier on the data of tris ssmarxm 21. RIGHT TO ASSURANCE. Whatever ane party to this contract in good faith has team to question the other party's intent to perform he may demand dart the other party give atitten asaaance of his insets to palors. In the event that a demand is made and no asaaam is given within five (5) days, the de mani ng party may trW this Wafture as an anticipatory repdiatiea of tbecontract. Z2. INDEMNIFICATION. Salla shall bdamdfy, keep aid sur harmless the Byer, its agents officials and employees, against all Injurte, daubs, lam damagm claims. paten claims. osis, liabilities. Judgments. cosy and experaa which may in anywiso amus against die Buyer in consequence or din gaming of this Contract or whidm may anywise result therefrom whether at rot it shall be alleged or detaminod dual the as was eased through rcgliga x or omission of the Salla or its employees, or of the snWella or assigns or its employee, Il any. and the Salla shall. at his own expose, appear. defend ad pay all duatges of atromcys and all costs and Other expenses arising dicefiom of incurred in connection durawith, and, if any judgrxnt :hail be termdetrd against the Byer in my such action, the Shca shall. at its own apamaes, satisfy and discharge the same Seller expressly whulastntds and agrees that any bond teored by this xntram or othanrise provided by Seller, shall in no way limdt the responsibility to lndmailfy, kap and save larmlessand defend die Buyer as herein provided 23. TIME. It Is hereby expressly agreed and understood tat time Is of the earenco for the perfomanoe of this contract, and failure by comma to mat the time specifications of this agamenh will cause Sella to be in dchull of this 09MMCOL 24. MBE. Tiro City Of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this requesm minority and women business atetprisea will be alfarded equal oppostunita to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award 23. NON -ARBITRATION. The City reserves On right to exercise any right or Moody to it by law, contruL equity, or otherwise, Lnduding without limitation, the right to seek any and all fame of relief in s court or competent jurisdiction. Further. the City shall riot be subject to any arbitration process prior to exercising its unrestricted right to seek judicial nnedy. The remedies sal forth herein aro cumulative and not exclusive, and may be exercised concurrently. To the extant of amconfiict between this provision and anwsha provision in, or related to. this document. this provision shall control. 26. RIGHT TO AUDIT. At any time during the tam of the contras. or thereafter. the City. or a duly Ath prized audit representative of the City or the State of Tans at its expense and at reasonable tines, reserves the right to audit Cormterots mcords and books relevant to all services provided to the City undo this Contract. In the evert such an audit by the City revals any arae or overpsymens by the City. Contractor shall refund the City the full amount of such ovaptyniags within thirty (30) days of such audit findings. or the City, at its optlaL reserves die tight to deduct such amounts owing dwCiiy from any payme tsdud Contractor. 27. House Bill 2015, signed by the Govaria on hum 14.2013 and dlicdve co luanary 1, 2014, ha t orires a penalty to be imposed an a parson who contracts for retain saviors whit a governments] emity and who fails to properly classify their workers This applies to n:bcomactom as weM Contractors and svbcoamsemrs who Gil to properly classify individuals performing work hada a govaimumt contract will be Penalized 5200 for each individual that has bum mitclasifmi Govaffimaral entities may want to Include information on this new msclssifiadon pointy in their contracts with entities rim ane providing services covered by this new requirement (Texas Government Cade Smion 2133.001). Rev. 0212012 Kann Manufacturing Corporation P.O. Bax 400 - 210 Regent Street - Guttenberg, Iowa 52052 Phone: 563-262-2035 - Fax: 563-252-3069 - Email: sales@kannmfg.mm Quote Ta: CITY OF LUBBOCK Contact LESLIE COX Customer Telephone 806-775-2376 Fax 806-775-3085 QUOTE Date Quote # 08/08/14 4219 Ship To: CITY OF LUBBOCK 1625 13TH STREET, ROOM 204 LUBBOCK,TX 79401 - Terms Expiry Date 1 Salesperson I Shia Via NET 30 DAYS 10/31/14 RT DELIVER 5.0 5000422 Qty Part # Description Unit Price Ext. Price 31 YD COMMERCIAL SIDE LOAD SERIES 5.0 5000422 BODY ASSY 27YD SS LO SLEC LPRR 48.649.00 243,245.00 26 YO BODY WITH 1 YARD FLATTAILOATE 5.0 3630709 PAINT, MISC MATL PPG#FDGH SLC 2,800.00 14,000.00 30.0 1800306-18 PPG#FDGH 90604 NC, INT WHT 110.00 3,300.00 5.0 5000377 SINGLE HOOK LOAD OPT SLEC 1,455.00 7,275.00 5.0 4530069 HINGED LADDER 4R, DECK SLEC RR 182.00 910.00 5.0 5000045 WHELEN M6A DUA MID TLGT STROBE 11850.00 9,260.00 5.0 1530166 BEACON, SUPER -LED L360 AMBER 580.00 2,800.00 5.0 5000232 DASH INDICATED LIGHT SWITCHES 50.00 250.00 5.0 5000168 TURN SIGNAL LITES MARROW LENS 248.00 1,240.00 5.0 4530006 LIGHTS, SIDE WORK OPTION SLC 165.00 825.00 5.0 4530050 LOADING WORK LIGHTS, SLEC 90.00 450.00 5.0 5000149 CONVOY TRIPLE CAMERA PKG 11991.00 9,965.00 5.0 5530013 SLEC27YD SSL PTO/T PMP FRTLNR 27,802.00 139,010.00 TANK ASSY SHALL BE NOT LESS THAN IV ABOVE SURFACE. 5.0 5000405 BUYBOARD SERVICE FEE 400.00 2,000.00 5.0 FREIGHT TO DELIVER PER TRUCK 2,075.00 10,375.00 OPTION: 2 YEAR LIMITED WARRANTY -ADD S4,5e0 PER UNIT Sub Total: 444,885.00 Federal Excise Tax: 0.00 Frolght Total: 0.00 Total: 444,885.00 Page I of 2 Kann Manufacturing Corporation P.O. Box 400 — 210 Regent Street — Guttenberg, Iowa 52052 Phone: 563.252-2035—Fax: 563.252-3069—Email: sales@kannmfg.com QUOTE Date note # 08/08/14 4219 -Customer is responsible for throttle advance programming if required. - F.O.B. Kann Manufacturing Corporation. Freight charge is estimated based upon fuel cost at the time of quotation. The charge is subject to change at the time of delivery. - Modifications to customer supplied chassis will be at the customer's expense and will be added to the customer's Invoice. Customers will be notified prior to any modifications. - If Kann Manufacturing Corporation facilitates the customer purchase of a chassis, C.O.D. terms on both chassis and body will supersede all other specified terms found in this agreement '** Ordedng Information: Order date: Number of Units Ordered: Customers P.O. #: Customer Order Authorization Signature: Kann Manager Authorization: A -r Page 2 of 2