Loading...
HomeMy WebLinkAboutResolution - 2013-R0094 - PO - Kubota Tractor Corporation - All-Terain Vehicles For Landfill - 03/14/2013Resolution No. 2013—R0094 March 14, 2013 Item No. 5.13 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.31014100 for the purchase of all -terrain vehicles for Solid Waste Landfill as per BuyBoard 373-11, by and between the City of Lubbock and Kubota Tractor Corporation of Torrance, California, 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 March 14, 2013 OLEE SON, MAYOR A'T'TEST: Rehe ca Garza, City Secretary APPROVED AS TO CONTp,NE: r V0 Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw. ccdocs/RES. Kubota-PurchaseOrd February 27, 2013 Resolution No. 2013—ROO94 &4% City ofidboc k TEXAS Itali Hg N TO: KUBOTA TRACTOR CORPORATION 3401 DEL AMO BLVD TORRANCE California 90503 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Page - I Date - 02/26/2013 Order Number 31014100 000 OF BrancldPlant 3526 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 Ordered 02/26/2013 Freight Requested 02/26/2013 Taken By D.TORRES Delivery PER M.TREVINO/REQ 40817 BUY BOARD 373-11 / QUOTE#BB171 DescriptioNSupplier Item Ordered Unit Cost UM Extension Request Date ATV's V -Series RTV1140CPX-A 3.000 19,216.2500 EA 57,648.75 06/13/2013 Spec 1212 Soiid Waste 'i' O Order Terms NET 30 57,648 75 This purchase order encumbers funds in the amount of $57,648.75 awarded to Kubota Tractor Corporation of Torrance, California on March 14, 2013. The hdlowing is incorporated into and made part of this purchase order by reference: Price Quotation BB171 dated Februan25. 2013 from Kubota Tractor Corporation of Torrance, California and Buy Board Cunlrae1373-I11.1tesulutiml# 2013-R009A - CITY OF LUBBO� A"f"I'GST: Glen C. Rub tson, Mayon Relic cn Garza, City Secretary 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 commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of contadnsn, e.g. box 1 of 4 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 conform with requirements of common carriers and any applicable specillations. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lista. 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 lisle and risk 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 e tender is made which does not fully conform, this shall coasriaue a breach and Seller shall not have the right to substitute a conforming tender. provided, where the time for perfan aace has nes yet expired. the Seller may reasonably notify Buyer of his intention to core and may then rake a conforming tender within the contract time but not afterward. 5, INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, ane cub purchase order or purchase release 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 20D0, Lubbock, Texas 79457. Payment shall not be due until the above instruments aro 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 farm of entertainment. gifts 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 sectoring a contact or securing favorable treatment with respect to the awarding or amending. of the making of any detandristions with respec to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be emitted, in addition to any other rights and remedies, to recover or withhold the amount of the cost hmeurred 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 filling this order, such special tooling equipment and any process sheets related thereto shall became the property of the 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 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 of purchase. In the event Sella breaches this warranty, the prices of the items shag be reduced to the Seller's current prices an orders by other, at in the alterative. Buyer may cancel this contract without liability to Seller for breach or Seller's schist expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or sense this contract upon an agmement 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 viclation 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. 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 famished will anforn to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Sella, if any. In rhe event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement the Seller n7resan and warrants fault -fm perfarnarm and fault -free result in the processing date and dale related data (including, but not limited to atcutating, comparing and sequencing) of all hardware. software and fimtware products delivered and services provided under this Contract 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 - Seller or any third party involved in 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 thi 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 default The waramics contained heroin are separate and discrete from any other warranties specified in this Contract and are not schjee to any disclaimer of warranty, implied or expmxd, or limitation of the Seller's lisbiI4-which may be specified in this Contract its appendices, its-schedatea, 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 I lealth Act of 1970. In the event the product does not conform to OSI IA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller faits 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 contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the 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 Seller is sued on the grounds of 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 agreement. If Buyer does not receive notice and is subsequently held liable for the Infringement or the like. Soler will save Buys batmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like. the contract shall be null and void. 12. RIGIrr OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to anal for default all or any part of the undelivered portion of this oder if Seller breaches any of the terms bercof including warranties of Seller or if the Seller becomes insolvent or commits acts 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 ordermaybe terminated in whole, of in pan by the Buyer in scoordmsa with this provision. Termination of work hereunder shall be 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 due upon which such termination becomes effective. Such right or termination is in addition to and not in lien of the Fights of Buyer set forth in CLutse 13, denim. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms ofprovisions 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 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 waf mnity with this paragraph. 17. WAIVER. No claim or right arising our of a brach of this contract can be discharged in whole or in part by a waiver or mriunciuion of tint 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. phis any specifications for bids and performance provided by Buyer in its advertisement for bids. and any other documents provided by Seller as pan of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Codo 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 morning 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 las reason to question the other party's intent to perform he may demand that the other party give written assuraaa of his intent to perfa n. In the event that a demand is made and no assurance is given within five (5) days, the demanding parry may treat this failure as an anticipatory repudiation of the contract 21. INDEMNIFICATION. Seller shall indemnify, keep and save hardess the Buyer, its agents, offlebts and 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 of the 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 employees, at of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of aaomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall. at its own expenses, satisfy and discharge the same Seller expressly understands and agnea that any bond required by this contract, or otherwise provided by Sella, shall in no way limit tike responsibility to indemnify. keep and save harmless and defend the Buys as herein provided. 22. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract and failure by contract to nice the time specifications of this agreement will cause Seller to be in default of this agreement 23. MBE. The City of Lubbock hereby notifies all bidden 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 an the grounds of race, color, sex or natural origin in consideration for an award. 24. NON -ARBITRATION. The City reserves rho right to exercise any right or remedy available to it by law, contract equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prim to exercising its unatricted right to seek judicial remedy. The mmodies sec forth herein arc cumulative and act exclusive, and may be exercised concurrently. To the extent of any conflict between ibis provision artd another provision in or related to. this document this provision shall central. 25. RIGHT TO AUDIT. At any time during the term of the contract or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors records and books relevant to all services provided to the City under this ContncL In the event such an audit by the City reveals any eros or overpayments by the City. Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its optim reserves the right to deduct such amounts owing the City from any payments due Contractor. Rev. 0212012