HomeMy WebLinkAboutResolution - 2008-R0052 - PO - Lubbock Truck Sales - Two Axle Cab And Chassis - 02_14_2008Resolution No. 2008-R0052
February 14, 2008
Item No. 5.17
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 Lubbock Truck
Sales of Lubbock, Texas, for purchase of two axle cab and chassis per Bid 408-009-FO,
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 14th day of February , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
Reb cca larza, City Secretary
APPROVED AS TO CONTENT:
c
Mark Ycarw& d
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
7 r
D i Vandiver, Attorney o Counsel
DDres!LubbTrucksalesPOcon08 Res
February 1, 2009
' T Y O
I
1
I� }PURCHASE
TO:
LUBBOCK TRUCK SALES INC
1801 E SLATON HWY
LUBBOCK TX 79404
TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
CITY OF LUBBOCK
Page Exhibit A 1
O R D E R Date 1/30/08
Order No. 324650 000 OP
Brn/Plt 3511
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79403
BY:
Ordered - 01/30/08 Freight FOB Destination Frt Prepaid
Requested 01/30/08 Taken By FELIX ORTA
Delivery - PER T. VASKO REQ# 29870 ITB# 08-009-FO
Description / Supplier Ite
----------------------------
TWO AXLE CAB AND CHASSIS
SPEC# 606 FD
Ordered UM Unit Cost UM Extension
1.000 EA 36,627.0000 EA 36,627.00
Req. Dt
06/14/08
This purchase order encumbers funds in the amount of $36,627, for the purchase of a T-.-.o Axle Cab and Chassis
awarded to Lubbock Truck Sales Inc. of Lubbock, TX on February 14, 2008 in accordance with your response to
ITB#08-009-FO, Two Axle Cab and Chassis. 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# 08-009-FO. Resolution# 2008—ROO52
CITY OF L11B60
r
David A. Miller, Mayor
ATTEST:
Rebecka Garza, City Secr ry
Total Order
----------------------------------
-------------------------•-------
Terms NET 30 36,627.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer ague as follows:
I. SELLER TO PACKAGE GOODS. Seller will package goads is accordance with good
commercial practice. Each shi phis commoor shall be clearly and permrinstly hanarI as
fellows (a) Sellees some and address (b) Conairec'm name, address and purchase order or
p echase retemo number and the supply or -mot eosI if rpplirablic (c) Comaios camber
and bW mumber of comanras, erg, box I of 4 boos, and (d) the number drhe coa ins
Grigg the psekog silo, Sella Ball bear coat mfpsc apng mks mho wise provided Goods
droll be nimbly pecked m aaxane lowest transportation caw and to coafam with
requisemr , of consume crriers and ray applicable grecil'kations. Buyer's coud or weight
shell be Real and eomdusive m shk m , not acco - ied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
goods order reservation sod no leader a(a big of kadiag will operate so a tender dgoods
3. TITLE AND RISK OF LOSS. The title and oak of lone of the goods shall on pea to Bays
mtil Buyer shy taaeivea and takes possession mf the goods at do pow or pooh of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tsmdsr of delivery of roods awe
firlly comply, with all povisias dthis contact an to lime of delivery, quality, and The line. If a
tender is made which does nit Poly coafbrm. this call constitute a I , and Seger shall od
hero do rigle to subsume a coebresi g tender, pswided, when The time for par m amom has
no yet ehpired, the Seller my reasonably no* Bayer of his istentim b we and try tun
make a conforming leader widen the ramtraa tame but our afterward
S. INVOICES elk PAYMENTS
a Satter.hull sahms separate hrvafces, n duplicate. me each I I andserrpachnse
retains ass each delivery. loroim shall iedicam tr purchase order or phneI release
number sod the supply agreement number if applicable. Invoices shall be feandaed and
transportation , if w y. slag be listed sepermehy. A copy of she bill dlodiaK amid The
freight waybill when applicable, should be attmctsed to the inrnia Mad To: Accounts
Payable, City of Lubbock. P. O. Boa 2000. Lubbock, Tetses 79457. Payment shop rat be din
until the above instruments am submitted des delivery,
6. GRATUnWX The Byer try, by -velum mdica to tho Seller. cancel tub exaeraet wftf
fisbility b Sees if h fe dsasieed by Buyerdal radliss. lathe fors dmb mkment. rsflo
err olhawise, were ollfeed or germ by the Seger, or may spot or repretmentive d the Seam,
so ary of6ee r ar amployma of the City ofLabboeh with a view ss socering s cmtrad or
savios Rnva eeaterin with reryect to the awarding or a umclk ,err the making of any
de smimotiosa with ,rupee'to The paEsu I dsuck a eowaR In the even thin rnrascx is
catma 0d by Buyer pntsss I to this povbm Bayer shall be a nmmd, in addi im many other
How and mmedlas to mown err wd&W The arrow o(dw cop started by Salt is
psovidog and gra swe►
7. SPECIAL TOOLS & TEST EQUIPMENT. ff dw price attend ors she Ibce be. 000da the
cop dsq special toteiug or aortal tent ega(Pnm1 finbricaied or required by Santis for the
purpose of f ling No ands, such apecW soOHes equipment and m' past shouts related
tfteue , deg bacons eta p ogwy of the Bayer sad to the assets ihaoibie shall be idandfled by
the Sauer an awe.
g. WARRANTY-PR1CB.
L Tim pica to be paid by the Buyer shell be there cootaned is Shca's bid which Sella
warsega m he oo higher span Seus's cureot yoocm oa order. by ntburh (or products of the
kind and specification covered by this apcement for similar gmsmtitia under sismler of like
conditions and methods dpmcham. In the ewes Selo breaches this waramy, dw prices of
the items shell be reduced to the Seller's current prices can orders by o one or in she
al save e. Buyer may cmod this coo ad without liability to Sells for breach Or Seller's
b. The Seller waranh that no perm or selliag opecy has been employed or retained to
hotici t or sererne this contact ram en a or, 6r dx>®iaaina, pacantese.
brokerw or coueingsal fee owcptnr boss fide employm of bma fads established
commercial or selling agencies maintained by the Seller for do purpose of securing 6uanaa
For broad d vitiation ofthis is warranty the Buyer shall have eke ripe is oddkxw b any other
001 of 000 to cancel thin axaeaaet without liability and to deduct Sam the contract price, or
odic w= recover witthod liability and to ditW goo the nanh r prim a othowse recover
the 1LB amain deck cemmissien prshxantaga lasalor - or aodI asl fad
9. WARRANTY -PRODUCT. Seller shall not Nmit or exclude my implied warhm-1 and my
atmyt to do no spell Wade thin contract Voidable as she option of the Bays. Seller wrrmla
tbm tie goods rt nished will conform to the vechfneaban. drawings, and descripliaen Hood as
the bid mriNim ned to the sample(s) flmished by lie Sella, if any. kn the cans, arm costlict
or between the stwifecadom, drawings, and daeriptiees, the specifications shell cover.
Notwithstanding any provisions contained to she contractual areemem, The Sdkr represcata
and warms Teals -free pefnnnesce and fsuh-ihe result n the processng doe said aide related
den I including. bit oce limited to calculatin& comparing and sequencing) d all hardware,
wllware and firmware podncts d eftvered and services provided raider thin Coo rocl,
individually or m combntiime, as the case may be from the efi'enctne dam of this Comiscl,
Alto, the Sella weranh doe yew2tl00 calculation will be recognized had accommodated and
will nut, is my way, wash in hwdwam. soRwar or frmwae failure. The City of Lubbock, me
As tale opdaw, may require the Seller, at my time, to demmmass the procedures it mends to
follow a order to comply with all do obligations cmWsed Iu The obfiploas comtaned
been apply so podoos and services provided by the Seller. its neb-Selk r or my third party
itevolved in the d7ratim or devebpsmt dthe products and services to be delivered to The City
of Lubbock under this Coons Failure to comply with m' of the obliplims contained
I , merry rewh in the City of Lubbock ovailmg hself of any of its riglo under the low end
under dust Contract iockudog, big no limited w ih right pertakog to terminam or deWil.
The warranties Contained herefm am separate and dacrele Gam any other wairmref specified
o this Contract, and am and satbject to my dsclsiener of warranty, implied or expiet 9A or
limitation of the Sepsis liability which may be specified in this Camact its appmdlces, its
sclsed uk& is aasemes or any document iocorpmatef n this Contract by refeencce.
10. SAFETY WARRANTY. Seller warrants suer the product sold to the Bayer shop conform to
the standards wousdpled by the U. S. Departmom of Labor order the Occupational Safely
and Health Act of 1970. in the event the product does ad casimrs to OSHA staadrds, BW
mayreins the product for axarecdoa or replaccmml at the Seller's ep4oa. `tau event
Seller lido to make die appeopriMe cmeetion wilhie a reaadabie Nsa conectioo made by
Buyer will be at the Seller's espmse
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pat of this contract for
sale Sallee agrees to uncertain whether goods rsoubomw in socardn" web the
specifications attached to the will give rim to the r* W claim army died ponno
by wsy of i nfiingemisa of the ifke. Buyer makes so ws," that Ile pratI , 1- i of goads
uccadiug so the specificabou will not pre rise to sod a claim. ad in an event mhall Buyer bi
liable to Seller for sdnmifam.ion in the event that Seller to need an doe roust, of
infringementof the late. If Seller is of the opinion the en infiPin em or the lire will res ilL
he will notify the Buyer b this c16ax in wrk* within two weeks sBe the siring of this
agreement if Buys doa not neceive mi r ', and is subsewa * held liable for ths
infhageakm2 or the ltct Seller will awe Buyer harmices. If Sellerin good faith asmtains the
production of the goods in accordance with the specificasions will result in inliinremeat or the
I" the contract "be null and raid.
12. RIGHT OF INSPECTION. Bayer shell have the A& to impet die goads at delivery befog
accepting thed
13. CANCELLATION. Buys• shall have We right so cemcel for defsdl all army pat of the
am&Kvaed padoo of thisordr trSe ter brewbu ay tithe tom 6mscv including wrraotira
of Segeror tf the Seiler bows ism *mu or commb sus of boWmwicy. Such right of
cacvilndm is i ahfdiipa to and opt n labs d ary other remeline wbkh Buyer mq have i
law or equity.
14. TERMINATION. The pafbtprnce of work under thin order ■4' be ksmodgd In whole, or in
past by the Boyers accahhom with Ihs provision. Termination of wok harerrnder shag be
effected by the delivery efdw Sofia arm "Notice ofTealo sioa" opeeitybg the come to
which periormanee d wort under tee ardors term ntd and the dose opus which sod
tersimtien becomes effective, Soda right or Iefrdontiea lo i additloo b and col n limn tithe
rues of Buyer net imfh in Clanne 13. basin.
13. FORCE MMEURE. Neither party "be held rsspoosble lbr heum no oMog if the
Bdfsfm w day,eras of povidam dthb cmruct s daho orpreraobd by aty tours sit
wiehio the - - , I of flee party wbese per6pmmnoe is akv I wah, and wlsd by is mieaeie
of reassemble dRipoe odd gory in mrbla to, perenL
lei. ASSiGNMENT-DELEOATWN. No right or imkeese is this contract shag be adped or
dokgMko daoy obliption made by Seller wdhwi the neitsne prmiwiaa tithe Bayne. Any
asmhpsed sompmnt or deleptim by Seller shell be wloffy voW and toaft isefd W, for all
I I- wrlmr mode in aaslbrmiy with" praropi
17. WAf VER. No than or edkt rung out ofs brook of dab aonact one be dbdgpd in whole
or in pat by a wolves or rwmckdos or*@ cWnor verbs robs the waiver or saasascbtloa is
supported by wanderafim and Is is writing sped by the attrievol Pub-
18. UfFEAPRETATTI,ON.,-�PARLE O EVIDENCE This wrung, phis my specd1cams for bids and
p cc pw',e� by Bwer m to advataeo w for N6. and any other dawmaato
Amide! by Seller se part of his bid, it intended by tha parties ah a final enpressioe of their
arxeaas and nseodsd also a a and eacimive ahtt®mr oT the Norma d their
sgreemamt Whsever a tam dcfood by the Uniform Commercial Cade is mad o this
Noeeemut, die def s ism contained m she Cade is to cmud,
19. APPIJCABLE LAW. Thio agreemaut shell be gammA by than Uniform Com uncial Code
Wbes ever the term "Uoiias Commercial Code' is used, a shall be construed an ncslug din
L'adws Coarsaolal Cafe as adopted is do Soso ofTetsas a efgeedvw and an face an the
dese of ibis apoemem.
20 RKNIT TO ASSURANCE. Whenever am perry so this co rsot in pod fd* ban sciences no
wodoe the other parry'a intent to Ism be me demand dew the other psq g- whims
assurance dais mint to po to Is the event that a demand is oade and no saturation Is
given within five (7) day& the demanding party ma,' area► this fails: as an asticipdory
reptdbtbm of the caetrocY
21. INDEMNIFICATION. Sella shall indemnify. keep and ens harmless be Buys. its apnea.
officials and onployem, apins all cu uria, deaths lone. damages, claims, potow clanum sum
liabilities, judpmft cads and azpmsm which may in anywioe accrue arrant the Buyer se
consequence of the Vert" of this Contract or which slaty mywm result rberv*om whether
or mint it toll be alleged or determined that the ad was caused ducagh mWigesee or omission
or the Seller or its erph yem or tithe subSrger or assipmee or io empbyes. if any. sand the
Seller shag it ins ova enpsr, appear, &*ad and pry all charps ofaunruryn and all cants
and other expenses arising the, N i of ocvmed in connecting dutesrhh, ani if any judpncd
shall be roodecd apnot the Boyer she my such action, the Seder shall. pis awn g"exua s
satiety and dHachsrye the sm s Seller expressly undenonrAr and areas that espy borsd rapued
by thin cosma L or othawin provided by Seller, dap in ran way limit thr responsibility No
mdenmsfy, keep and save harmless and drlkard the Bryn an bare povtde -
22. TIME. It is herby espeaYy, agreed and understood that ruse is of the deuce far the
performance of skis contract. and Gflre by contract to meet the time groctflcatiom of this
agreement will aanm Stir to be in drilmh of" awCeMast.
23. MBE. The City of abbock hereby notifies d bidden the ins rerad To aw cameact entered
i to prsom b this request nnnariry and women bruins enterprises will be afforded egani
opporrlmties to submit bids is taporoe to this navitation and will sot be discrin iosted ap"
on the rands of race, color. see Or natural Ori m at co sulearag fax m award
Rev. 08l2005