HomeMy WebLinkAboutResolution - 2009-R0188 - PO - Associated Supply Company Inc.- Three Wheel Piggyback Forklift - 05/14/2009Resolution No.
May 14, 2009
Item No. 5.27
2009-RO188
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 a three -wheel piggyback forklift as per Bid 09 -036 -FO, by and between the
City of Lubbock and Associated Supply Company Inc. of Lubbock, Texas, 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 14th day of May 92009,
TOM MARTIN, MAYOR
ATTEST:
Reber a Garza, City Secretary
APPROVED AS TO CONTENT:
Mar Ye od, As istant City Manager
Chiu Financial Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw/ccdocs/Chad/Resolutions/RES.Associated Supply Company Inc-PurchaseOrd
May 5, 2009
damt
U R C H A S E ORDER
TO
ASSOCIATED SUPPLY COMPANY INC
PO BOX 3888
LUBBOCK TX 79452
SHIP T0:
INVOICE TO: CITY OF U BBOC'K
ACCOUNTS P.- VABGE
P.O. BOX 2000
U BBOCK, TX 79157 BY:
Page - 1
Date - 5/04/09
Order No. - 346955 000 OP
Brn/Plt 3511
CITY OF LUBBOCK
FLEET SERVICES
204 MUNICIPAL DRIVE
LUBBOCK TX 79404
Ordered - 05/04/09 Freight - FOB Destination Frt Prepaid
Requested - 05/14/09 Taken By - FELIX ORTA
Delivery PER T. GUZMAN REQ# 32052 ITB# 09 -036 -FO
Description / Supplier Ite
----------------------------
PIGGY BACK FORKLIFT WITH
EXTENDED WARRANTY 930 -SW
Ordered
UM
Unit Cost
UM
Extension
Req. Dt
1.000
EA
45,012.0000
EA
45,012.00
07/17/09
This purchase order encumbers funds in the amount of $45,012, for the purchase of Forklift awarded on May 14,
2009, to Associated Supply Company Incorporated of Lubbock, Texas, in accordance with Associated Supply
Company Incorporated of Lubbock, Texas response to ITB#09-036-FO. 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 ITB# 09 -036 -FSO. Resolution# 2009—RO188
CITY OF LUBBOCK
Tom Nfartin, Mayor
Terms NET 30
ATTEST:
Retie ea Garza, Gity Secretary
�otal Order
------------
45,012.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1 SELLER TOP-%CKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping container shall he clearly and permanently marked as
follows (al Seller's name and address. (b) Consignee's name. address and purchase order of
purchase release number and the supply agreement number if applicable. Ic) Container number
and total number oreomamers, c g. box 1 of 4 boxes, and Id) the number of the container
hearing the packing slip Seller shall bear cost of packaging unless otherwise pronded. Goods.
,hall he suitably packed to secure lowest nansportanon costs and to conform with requirements
of common carriers and any applicable specifications Buyer's count or weight shall be Final
and conclusive on shipments not accompanied by packing lists.
SHIP%IFNrUNDER RESER4ATIONPROHIBITED Seller is not authorized to ship the
goods under resen ation and no lender urn bill of lading will operate as a tender of govds.
3 TITLE AND RISK OF LOSS The title and risk of lues of the goods shall not pass 10 Buyer
until Buyer actually recons and takes paissessaon cifthe goods at the point m paintsof
delivery'.
4 NO REPLACEMENT OF DEFECTIVE TENDER Every tender of -delivery of goods most
fully comply with all provtswm of this contract as to It= of delivery. quality and the like. Ira
tender is made which ares not 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 minty Buyer of his intention to cure and may then
make a conforming tender within the contract time but not afterward
5. INVOICES & PAYMENTS.
a Set ler 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 beitemized and
transpoiiation charges, if anv, shat l belasted separately. A copy of the bill of lading. and the
freight waybill when applicable, should be attached to the invoice. Mal To Accounts
Payable. City of Lubbock, P O. Box 2000. Lubbock, Team 79457. Payment shall nut bre due
until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice lathe Seller, cancel this contract without
liability to Seller of it is determined by Buyer that gratuities, in the form of entenainmenl, gifts
or otherw ise, were offered or gi yen 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
favorable treatment with respect to the awarding[ or amending, or the making army
determinations with respect to the performing of Such a comract. In the event Ibis contract is
canceled by Buyer pursuant to this provision. Buyer shrill 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 on the face hereof includes the
cast of any special Inciting ix special Int equipment fabricated or required by Seller for the
purpose csf filling this order, such special tooling equipment and any process sheets related
thereto shall become 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 similarof like
conditions and methrnis cf purchase In the neni Seller hreaches this warranty, lbe 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 Set ler warrants that no, person or selling agency has been employed or retained to solicit
orsecure this contract upon an agreement or understanding for commission, percentage,
brokerage, or contingent fee excepting burro fide employees of bora fide established
commercial err selling agencies maintained by the Seller for the purpose of securing business.
For breach of vtciatimn of this warranty the Buyer shall have the night in addition to any other
right of rights to cancel this contract vnthoul liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the lull amount of such commission, percentage, brokerage or cuntingem fee
o W kRRANTY-PRODUCT Seller shall not limn or exclude any implied warranncs and any
attempt to do so shall render this contract soidable at the option of the Buyer Seller warrants
that the goads furnished will conform to the specification, drawings. and descriptions listed in
the bid int itaton, and to the sample(s) furnished by the Seller. if any In the event of a conflict
or between the specifications, drawings, and descriptions, the aped ticaioos shall govern.
Notwithstanding any provisions contatned in the contractual agreement, the Seller represents
and warrants fault -free performance and Inuit -lies result to the processing date and dale related
data iunctudmg, but not limned to calculating, comparing and sequencing) of all hardware,
software and firmware products delivered and services provided under this Contract,
mdividaally or in contbinaion. as the case may be fnsn the effective date of this Comma
Also. the Seller warams the year2000 calculations well he recognized and accommodated and
will not, in anyway. result in hardwarei software or firmware failure. The City of L:abbock. at
tic cite nrxmn. may require the Seller. al anv urine, to demonstrate the procedures it intends to
follow in order to comply with ail the obligations contained herein. The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or airy third petty
involved in the creation or k%eloprnent of the products .mel .en ices to be deliverer) to the City
Of Lubbock under this Contract Failure to comply with arty of time obligations conlamed
herein, may result in the City of Luhhmk availing itselfof any of its rights under the law and
under this Contract including. but not limited to. its right pertaining in termination or default.
The warranties contained herein aeeparate and discrete from any other warrantiesspecified
in this Contract, and are ma subject to Any disclaimer of warranty. implied rrr cxpressed, or
limitation of the Seller's liability which may% be specs ied in this Contract. its appendices, its
schedules, as annexes or any document incorporated in this Cvmtmcl by reference
to SAFETY WARRANTY Seller warrants that the product sold to the Buver shall conform to
the standards promulgated by the L 5 Department of Labor under the Occupational Safety and
Health Act of 1970 In the event the product does not conform to OSHA standards. Buyer may
return the product for correction or replacement at the Seller's expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buver
will be at the Seller's expense.
I I NO WARRANTY BY BL'A'FR 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 nse to the rightful claim of any third person
by way of infringement of the like. Buyer makes an warrandy that the production of goods
according to the specification wit I 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 nii the Buyer to this effect in writing within two weeks after the sigri of Ilia
agreement II Buyer does not receive notice and is subsequently held liable fir the
infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the
production of the goods in accordance with the specifications will result to infringement at the
like, the contract shall be null and void.
Q RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting Item.
13. CANCELLATION. Buyer shalt have the right to cancel for default ali or any pan of the
undelivered portion of this order if Seller breaches any of the terns hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of hankmptcy. 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 ofwork under this order may be terminated in whole. or in
part by the Buyer in accordance 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 date upon which such
termination beLomes effccnve. Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, herein
15 FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the
fulfillment of arty terms of provismxa 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.
Is, ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation ofany obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally tr affective for all
purpose unless made in conformity with this paragraph.
17 WAIVER, No claim o right arising out arts breach of this contract can be discharged in whole
arkn pan by a waiver or renunciation of the claim or right unless the waiver or renunciation to
supported by consideration and is in writing signed by the aggrieved party
18. INTERPRETATION -PAROLE EVIDENCE. This wntimg, plus any ;pecificaliora fix bids and
performance provided by Buyer in its advertisement for bids, and any other documents.
provided by Set ler 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. W heneyer a term defined by the Lmform C'ommercml Code is used in this
agreement, the definition contained in the Code is to control,
19. APPLICABLE LAW. 'ilia agreement shall begoverned by the Uniform Commercial Code.
Where ever the term "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
date of this agreement.
20 RIGHT TO ASSL R.ANCE. Whenever one party to this contract in good faith has amion to
question the other party's intent to perform he may demand that the other party give cantle s
assurance of his intent to perform, In the event that a demand is made and no assurance is
given within five i5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
21 INDEMNIFICATION Sellar ahall indemnify, keep and save harmless the Buyer, its agents,
officials and employces. against all injuries. deaths, hiss, damages. chums. patent claims, suits,
tiabdites. judgments, costs and expenses, which may in anywise :accrue against the Buyer in
nxsequence of the granting of this Contract or which may anywtse result therefrom, whether
or not it shall be alleged or determined that the act was caused through negligence or umtissaam
of -the Seller or its employees, o of the suhSeller or assignee or its employees. if any. 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'.mv Judgment
shall he rendered against the Buyer til :my sinch action. the Seller shall, at its own expenses,
satisfy and discharge the same Seller expressly understands and agrees that any bund required
by this contract, or otherwise prow riled by Seller, shall in no way limit the responsibility to
indemmfy, keep and save harmless and defend the Buyer as herein pros ided.
_ I %* ll is iwucbs expmcssiy agiecd aril—dersi-d Midi uiria .s ofthe asseace f„r the
performance ufthis contract. and failure by contract to meet the time specifications of this
agreement will cause Seller in be in default of This agreement.
23 %IHE The City of Lubbock hereby notifies all budder that in regard to any contract entered
into pursuant to this request, minority and women business enterprises will beafforded equal
opportunities to submit buds in response to this mvitatton and will not he discriminated against
on the grounds of race, color, iex or natural origin .n consideration for an award.
Rev, 08/2005