HomeMy WebLinkAboutResolution - 2007-R0308 - PO - Roberts Truck Center - Heavy Duty Trucks, Cabs, And Chassis - 07/12/2007Resolution No. 2007-RO308
July 12, 2007
Item No. 5.30
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 a Purchase Order Contract and any associated documents with Roberts Truck
Center of Lubbock, Texas, for purchase of heavy duty trucks, cab and Chassis, with
special equipment per Bid #07 -035 -MA, which Purchase Order Contract and any
associated documents are attached hereto as Exhibit A and made a part hereof for all
intents and purposes.
Passed by the City Council this i 7tb day of July , 2007•
DAVID A. ILLER, MAYOR
ATTEST:
Reb cca Garza,�City Secretary
APPROVED AS TO CONTENT:
Mak Yeafdvood
Assistant City Manager/Chief Information Officcr
APPROVED AS Tq FORM:
Dom Vandiver,
DDres/RobertsT1-uckCtrP0con07 Res
June 20, 2007
-( Y
T0;
CITY OF LUBBOCK
P U R C H A S E 0 R D E R
ROBERTS TRUCK CENTER
4510 AVENUE A
PO BOX 3890
LUBBOCK TX 79452 3890
Page - 1
Date - 6/12/07
Order No. 312695 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
UM
ACCOUNTS PAYABLE
P.O. BOX 2000
Y'CZ
LUBBOCK, TX 79457
BY:
----------------------------------------------------- ---------------------- --------
Ordered - 06/12/07 Freight FOB Destination Frt Prepaid
Requested 09/28/07 Taken By MARTA ALVAREZ
Delivery BID ## 07 -035 -MA
Description / Supplier Ite
Low Profile Cab & Chassis
Int'l 4300 Spec 601
Truck Chassis and Crew Cab
Intl 4400 Spec 606WUl
Ordered
UM
Unit Cost
UM
1.000
EA
52,519.0000
EA
3.000
EA
57,773.0000
EA
Extension Req. Dt
52,519.00 09/28/07
173,319.00 09/28/07
This purchase order encumbers funds in the amount of $225,838 the purchase of Cab & Chassis awarded to Roberts Track Center of Lubbock,
Texas on June 25, 2007, in accordance with your response to BID 7 -035 -MA, Heavy Duty Trucks, Cab & Chassis and Specialized 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 07 -035 -MA, Resolution# 7007-80308
CITY OF WBBOW a ATTEST:
Z*4'X/'Z/ --�— C --Q
David A. Mille , Mayor RebeecA Garza, City Secretary
Total Order
-------------------------------------------------------------------------------------
TAPNOW AUTO FORM: 225,838.00
Assns a A orn
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 [narked 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 containers, e.g. box I 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 he suitably packed to secure lowest transportation 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.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
goods under reservation and no tender ofa bill of lading will operate as a tender 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 the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender ofdelivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
tender is made which does 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 notify Buyer of his 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
release after each delivery.. Invoices shall indicate the purchase order ar 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 form of entertamment, 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 securing 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 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 & TEST EQUIPMENT. if the price stated on 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 toolingequipment 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.
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 of purchase. In 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
allemative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained m solicit
or secure this contract upon an agreement 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 vitiation 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 furnished 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 ofa conflict
or between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithstanding any provisions contained in the contractural agreement, the Seller represents
and warrants fault -free performance and fauh-free result in the processing date and date related
data (including, but not limitedto calculating, comparing and sequencing) ofafl 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 wi II be recognized and accommodated and
will not, in any way, result in hardware, wftwarc or ftrnware failure. The City of Lubbock, at
its sole option, may require the Seiler, at any time, to demonstrate the procedures it intends to
follow in order to comply with al I the obligations contained herein. The obligations contained
herein apply to products mid 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 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 default.
The warranties contained herein are separate and discrete From any other warranties specified
in this Contract, and are not subject to any disclaimer of warranty, 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 conform to
the standards promulgated by the U. S. 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 Buyer
will be ea the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to asecttam 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 of the grounds of
infringement of the like. If Seiler is of the opinion that an infringement OF 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, Seller will save Buyer harmless.. If Seller in good faith ascertains the
production of the goods in accordance with the specifications wi II result in infringement or 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 Seller breaches any of the terms hereof 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 order may be terminated in whole, or in
part by the Buyer in accordance with this prevision. 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 becomes effective. Such right or termination is in addition to and not in lieu of tbe
rights of Buyer set forth in Clause 13, herein.
15. FORCE NWEURE. Neither party shall be held responsible 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 party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or mferest in this contract shall be assigned ur
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shat I be wholly void and totally ineffective for al l
purpose unless made in conformity with this paragraph.
17. WAIVER. No claim or right arising out of a 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.
Ig. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisenumt for bids, and any other documents
provided by Seller as part of his bid, is intended by the parties as a final expression of their
agreement arid intended also as a complete and exclusive statement of the terms of their
agreement. Whenever a term defined by the Uniform Commercial Code 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 Cote.
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 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 parry's intent to perform he may demand that the other party give written
assurance of his intent to perform. In theevent that a demand is made and m assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials 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 ornission
of the Seller or its employees, or of the sub5eller or assignee or its employees, if any, rad 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, 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 agrees that any bond required
by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Buyeras 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 meet the time specifications of this
agreement will cause Seller to be in default of Ibis 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 in response to this invitation and will not be discriminated against
on the grounds of race, colo, sex or natural origin in consideration for an award.
Rev. 0612005