Loading...
HomeMy WebLinkAboutResolution - 2012-R0022 - PO - Associated Supply Company Inc.- Wheeled Skid Steer Loader - 01/12/2012Resolution No. 2012—R0022 January 12, 2012 Item No. 5.22 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. 24100201 for the purchase of Wheeled Skid Steer Loader, by and between the City of Lubbock and Associated Supply Company, Inc., 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 January 12, 2012 TOM MARTIN, MAYOR ATTEST: L) Az" Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: a� Mark kearwoVd, Assistant city Manager Chief Information Officer APPROVED AS TO FORM: Weaver, Assistant City Attorney vwxcdocs/RES.Associated Supply Co., Inc.-PurchaseOrd December 27, 2011 Ortot city of Lubbock TEIAf PURCHASE ORDER TO: ASSOCIATED SUPPLY COMPANY INC PO BOX 3888 LUBBOCK Texas 79452 Page - I Date - 12/21/2011 Order Number 24100201 000 OP Branch/Plant 241 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 INVOICE TO: CITY OR LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79157 BY: M Alvarez, Ihnxtor Purcluan k Contract M Ordered 12/21/2011 t�retgttt Requested 03/30/2012 Taken By C ISAACS Delivery PER TREVINO_M REQ 38748 BUYBOARD CONTRACT NO. 345-10 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Skid Steer SR175 1.000 26,900.0000 EA 26,900.00 03/30/2012 ML 2010-11 Total Order Terms NET DUE ON RECEIPT 26,900.00 This purchase order encumbers funds in the amount of $26,900.00 awarded to Associated Supply Company, Incorporated, of Lubbock, TX, on January 12, 2012. The following is incorporated into and made part of this purchase order by reference: Price quotation dated December 5, 2011 from Associated Supply Company, Incorporated, of Lubbock, TX and Buylloard contract # 345-10. Resolution# 2012—R0022 CITY OFLUBBOCK ATTEST: Tom Martin, Mayor Reber Garza, City Secre ary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agm as folows: t. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good commercial practice. Each shipping rnetaim shall be clearly and permanently marked AS follows (a) Sella's name and address, (b) Consignee's name, address and purchase order or purchase reline number and the supply agreement number if applicable, (c) Container number and told number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Sella shall bear cost of packaging unlearn otherwise provided Goods shall be suitably packed to secure lower transportation cors and to conform with requirements of common carriers and any appilcable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods under reservation anti 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 los of the goods shall not pass to Buys until Buyer actually receives and takes possession of the goods at the point or points of deilv try. 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 ■ tender is made which doe not fully conform, this shall constitute a breach and Sella shall not have the right to substitute s conforming tender, provided, where the time for performance has not yes expired, the Sella may reasonably notify Buyer of his intention to erre and may then make a conforming tender within the contract time but nes afterward S. INVOICES A 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 number if applicable Invoices shall be itemized and transportation charges, if any, shall be listed separatdy. 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 Sella, cancel this convict without liability to Sella if it is determined by Buys that gratuities, is the form of entertainment, gifts or otherwise, were offered or given by the Sella, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to saucing 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 went this convict is canceled by Buyer pursuant to this provision, Buys shall be entitled, in addition to any other rights sod remedies, to recover or withhold the amount of the cost incurred by Sella in providing such gratuities, 7. SPECIAL TOOLS A TEST EQUIPMENT. If the price stated on the face hereof includes the coat of any special tooling or speeW tat equipment fabricated or required by Sella for the purpose of filling this order, such special tooling equipment and any grass sheets misted thereto shall become the property of &a Buyer and to the extent leviable shall be identified by the Salla s such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that confined in Seller's bid which Sella warrants to be no higher than Seller's current process on orders by others for produces of the kind and specification covered by the agreement for similar quantities under similar of like conditions and methods of purchae. In the went Sella breaths this warranty, the prices of the item shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may came[ this contact without liability to Sella for breach or Sella's actual expense b. The Seiler warrants that no person or wiling agency has been employed or retained to solicit or save this contract upon an agreement or understanding for commission. Percentage. brokerage, or contingent fa excepting bons fide employes of bom fide slablished commercial or selling agenesis maintained by the Sella for the purpose of securing businsa. For breach of vicatioo of this warranty the Buyer shall have the right in addition to say other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to dedua from the contract price, or othawim recover the full amour of such commission, percentage, brokerage or contingent fie 9. WARRANTY -PRODUCT. Seller shall not limit or exclude soy implied warranties and my a tepr to do so shall reader this contract voidable at the option of the Buyer. Sella warrants that the goods furnished will conform so the specification. drawings, and desaiptiam listed in the bid invitation, and so the sample(s) furnished by the Sella, if any. In the went of m conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seiler represents and warrants fault -free performance and fault -free rsuh in the processing dew and date misted data ('including, but not limited to calculating, comparing and sequencing) of ail hardwam software and ftrmwares products delivered and services provided under this Contract, individaDy or in combination, r the case may be from the effective dam of this Contract Alm the Sella warrants the yesr2000 calculations will be recognized and accommodated and will oar, in any way, result is hardware, software or firmware failure. The City of Lubbock, at its sale opdon, may require the Sella, at any risme, to demonstrate the procedures it intends to follow in order to comply with all the obligation contained baev. The obligations contained heroin apply to products and services provided by the Sella, its sub -Sella or any thud party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Convict. Failure to comply with any of the obligation contained herein, may result in the City of Lubbock availing itself of say of its rights under the law and under this Contract including, but not limited to, its right pnrwaing to termination or defsuh. The warranties contained berm are separate and discrete from any other warranties specified ins this Contract. and are not subject to any -*claimer of warranty, implied of expressed, or limitation of the Seiler's liability wbich may be specified in this Contract, its appendices, its schadula, its annexa or any document incorporated in this Contract by refemace. 10. SAFETY WARRANTY. Sella warram that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occuprionel Safety and Health Act of 1970. In the went the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the went Sella fails to snake 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 Seiler agrees to ascertain whaler goods manufactured in accordance with the specifications ansched to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer make no warranty that the production of goods according to the specification will not give rise to such a claim, and in no went shall Buyer be liable to Sella for indemnification in the went that Sella is sued on the grounds of infringement of the like. If Sella 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 doe not receive notice and is subsequently held liable for the infringement or the like, Sella will save Buyer harmless. If Sella in good faith ascertains the production of the goods in accordance with the specifications will result in infringement m 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. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Sella breaches any of the tams hereof including warranties of Sella or if the Sella becomes insolvent or commits act& 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 put by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Sella 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 additioa to and not in lien of the rights of Buyer set forth in Clause 13, herein. 15, FORCE MAJEIIRE. Neither party shall be held responsible for loess, resulting if the fulfillment of any terms of provisions of this convict 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 reasonable diligence said Patty is unable to prevent 16. ASSIGNMENT -DELEGATION. No right or into in this contract shall be assigned or delegation of any obligation made by Sella without the written permission of the Buyer. Any anempted assignment or delegation by Sella shall be wholly void and totally ineffective for all purpose unlet made in conformity with this paragraph. 17. WAIVER. No claim or right mixing out of a brach of this contract can be discharged in whole or in pat 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 parry. 18. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer is its advertisement for bide, and any other documents provided by Sella as part of his bid, is intended by the parties as a final expression of their agramem and intended also a a complete and exclusive statement of the tams of their agreement. Whenever a tam defined by the Uniform Commercial Code is used in this agreement, the defnitioo contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the tam "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 force an the due 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 pafmrm be may demand that the other party give written &nurse" of his intent to perform. In the eves 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. Sella shall indemnity, keep and save hermles the Buyer, its agents, officials and employees, against all injuries, deaths, los, damages, claims, patent clams, suits, liabilitim, judgments, costs and expenses, which may in arrywve accrue against the Buyer in consequence of the graining of this Contract or which may anywise result therchos, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Sella or its employees, or of the subSeller or asigna or its employees, if any, and the Sella shall, at his own expetse. appear, defend and pay all charges of attorneys and all costs and other expenses wising therefrom of incurred is coronation therewith. and, if my judgment shall be rendered against the Buyer in any such action, the Sella shall, d its owes expenses, satisfy and discharge the same Sella expressly understands and agrees that any bond required by this contract, or otherwise provided by Sella, shall in no way limit the responsibility to indemnify, kap and save harmless and defend the Beyer as herrn 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 meet the time specifications of this agreement will cause Seder to be in default of this agreement 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 is response to this invitation and will not be discriminated against on the grounds of rate, color, sex or natural origin is consideration for an award. Rev. 08/2003