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HomeMy WebLinkAboutResolution - 2008-R0379 - Purchase Order For Cabs And Chassis - Shamrock Chevrolet - 09_25_2008Resolution No. 2008-RO379 September 25, 2008 Item No. 5.24 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 cabs and chassis, by and between the City of Lubbock and Shamrock Chevrolet, 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 25th day of September , 2008. TOM MARTIN, MAYOR ATTEST: Rebeccl Garza, City Secretary APPROVED AS TO CONTENT: (Ac','6 Z�-4 MarA Yea d, A istant City Manager, Chie Information Officer APPROVED AS TO FORM: 1� 4�"— Chad Weaver, Assistant City Attorney vw/ccdocs/Chad/Resolutions/ .ES -Shamrock Chevrolet-PurchaseOrd 09/ 16/08 ♦ Y O G 1 � �� 11 TO: PURCHASE ORDER SHAMROCK CHEVROLET 3709 AVE Q LUBBOCK TX 79412 Page - 1 Date - 9/15/08 Order No. . 336041 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK AUTO PARTS WAREHOUSE 204 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 Van LUBBOCK, TX 79457 BY: Ordered ..-.09/15/08- Freight .-.FOB Destination Frt Prepaid Requested - 12/31/08 Taken By - MARTA ALVAREZ Delivery - BLD 08-b61-MA CAB AND CHASSIS . Description./ Supplier Ite Ordered ........... UM .. Unit Cost ........... UM .. Extension ............ Req. Dt ........ . . .... ...-.__..- ................ Chevrolet CK20953 112 Ton 1.000 EA 26,997.0000 EA_ 26,997.00 12/31/08 Pick Up Ext Cab Spec 1532 Chevrolet CC10903 112.Ton 1.000 EA 15,858.0000 EA 15,838.00 12/31/08 Pick Up Standard Spec 1522 Chevrolet CK20903 3/4 Ton 2.000 EA 23,785.0000 EA 47,570.00 12/31/08 Pick up Standard Spec 1531A Chevrolet CC20953 3/4 Ton 1.0.00 EA 24,133.0000 EA 24,133.00 12/31/08 Pick Up Ext Cab Spec 1530 Chevrolet CC20753 3/4 Ton 1.000 EA 23,106.0000 EA 23,106.00 12/31/08 Pick Up Ext Spec 1530A Chevrolet CK20953 3/4 Ton 1.000 EA 26,165.0000 EA 26,165.00 12/31/08 Cab & Chassis Spec 1534 Chevrolet CK30953 1 Ton 1.000 EA 34,556.6000 EA 34,556.00 12/31/08 Pick Up Ext Cab Spec 3512 Chevrolet CK31003 1 Ton 3.000 EA 23,961.0000 EA 71,883.00 12/31/08 Cab & Chassis Spec 2511 Chevrolet CK31403 1 Ton 1.000 EA 27,894.0000 EA 27,894.00 12/31/08 Cab & Chassis, Spec 3511 Chevrolet CK20903 3/4 Ton 1.000 EA 24,250.0000 EA 24,250.00 12/31/08 Pick Up Stanard Cab Spec 1 Chevrolet CC20953 3/4 Ton 1.000 EA 24,133.0000 EA 24,133.00 12/31/08 Pick up Ext Spec 1530 Total Order . Terms NET 30346,525.00 This purchase order encumbers funds in the amount of $346,525 for the purchase of various cab and chassis awarded to Shamrock Chevrolet, of Lubbock, TX on September 25, 2008 in accordance with your response to BID# 08-061-MA, 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 BID# 08-061-MA. Resolution# 2008—RO319 CITY OF LUBBOCK ATT ST: Tom Martin, Mayor Rebecc Garza, City Secretary TERMS AND CONDITIONS IMPORTANT. READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: I . SFi 1,FR TO PACKAGE GOODS. Sella will package goods in w4ordence with good axmoerual praexicc. Each shipping container shall be clearly and parasitically amried as follow, (a) Seller's time and addres, (b) Consirer's name, address and purchae order or purchase release emmer and the sogiply agreement number if applicable, (c) Container number and tout number of containers, e.g. box 1 of 4 boxes, and (d) the number of the coadacer bearing the packing slip. Seller shall bear cat of psduegsg unless otherwise provided. Goods shall fir suitably packed to same lowest transportation costs and to conform with recuuemeet of ctvnmon carriers ad ary applocablc spa-ifications. Buy r%count or weighi WWI be foul sod conclusive on shipenems nut accompsaied by pow-1- lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sd1er is ad authorized to ship the goods under reservation and no wader of s bill of lading will opera as a tender of goods. 3. TITLE AND RISK OF LASS. The title and risk of boss of the goods shall not pen to Buyer mat Buyer annually receives said win possession ofthe goods at the point or posts of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every Emderordeliveryofgoodsuwn fully comply with all provisions of this contract as to time of delivery, quality and the lie. If a lender is made which does sal fully conform. ibis dull constitute a bleach and Seiler shall not have the right to subs nutte a eonformiag Wider, provided, where the time.fth pit iomeew hat nor yet expired the Seiler may reasonably catty Buy- of" intimation to erne end may dam make a conforming wader within the contract time but not afterward. 5. INVOICES i PAYMENTS. a. Sella shall aibank separate itvoiees, it duplicate, one each purch order or purchase release ther oath delivery. hsvoions shall badicate the purchase order orparcha a release number mod the supply apeenwo member if applicable. Invoices shall be Ironed and erassporutim cheeses, if any, shall be Haled separately. A copy of the bill ofbdig, and the teiglm wayMTl when applicable, should be saarmed to the invoice. Mail To. Aecewmb Payable, City of Lubbock, P. O. Box 2000, Lubbock. Texas 79457. Payment shall one be due mail the shove instruments we submitted atlas delivery. 6. GRATUITIES. The Buyer my, by written notice to the Sella, cancel this contract without liability to Sella Wit is detami+ed by Boyer that giohsiies, in the form ofentati mehent, gifts or o d e ise rare offered orgiven by the Seller, army agent a representative ofthe Sella, to my officer or employee ofdK City of I.abbod with a view to tecoriss8, a comma or seemrmp f rvotable Oita rwinto with requid to the awarding or amending, a the mating army determinations with respect to the performing ofeach a contract is the event ads contract is canceled by Buyer pmsamm to this provision. Buyer shall be entitled, in addition to any ether rights and rimmalies, do recover or withhold the amount ofthe cog incurred by Sella is proms and gratuities. 7. SPECIAL TOOLS i TEST EQUIPMENT. If the price anted an the face he includes the wont of my special tooling or sptecisl ON equipment fabricated or required by Seller for the purpose of filling the order, such apecst baling equipment ad may an sheer mimed thereto d" 6aome the popaty of tie Buyer and to the exam feasible shell be idemilfied by the Seller a such. 8. WARRANTY -PRICE. a. The price b be paid by she Buyer doll be disc contained is Seller's bit which Sella warrants to be no higher than Saller's current process on orders by others for products ofthe kind and specification covered by this agreement for dmilar quaetmes under similar of like conditions and methods of pmcbame. in the evam Seller brrsebes this wartaty, the pines of the fSma shall be reduced to the Seller's eaerren'prim an genders by others, or in the alternative. Buyer my cancel this contract without liability to Seller for breach at Seller's actual expense. b. The Seller warrants diet no person or selling agency has boa employed or neused to solicit or secure dhs contract upon an agreement or understanding for commission, percentage, brokerage, or contingent Fee excepting bona fide employees of bona fide established caronnerciml or selling agencies maintained by the Seller for the pmrpm of securing busiaess. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rtiou to eamod this contract without liability and S deduct from the comma price, or otrcrwme recover without liability and to deduct gum the contract price. or otherwise recover the full amount ofsuch commsaioa, percentage, brokerage or contingent tire. P. WARRANTY -PRODUCT. Selo shall tior liand or exehmle any implied warratbes and my attempt to do so dull raider this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specificatim drawinp. and descriptions listed in tie bid invitation, and to the sawple(s) furnished by the Sella, If any. In dike event of a conflict or between the specifications, drawings, and descriptions, the specifiumions shall govern. Notwithstanding my provisions contained in dike contraction! agreement, the Seller represents and warrants foul -fine p rformaa and fault -lift result in the processing due and date related dos (isctiuding. but mot limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and smiles provided under this Contract. individually or in combination. as the case may be f}om the effective date ofthis Contract. Also. the Sella warrants rho year2000 calculations will be recognized and accommodated and will not, in my way, result in hardware, sofhvare or firmware failure. The City of Lubbock. at its sole option, may require the Seller. at my time, to demonstrate the procedures it intends to follow in order to comply with all eke obligations cbruamed herein. The obligations contained herein apply to product and smiles provided by the Seller, its sub -Seller or any third part) involved in the creation or dewtopmeat ofthe products sad services to be delivered to the City of Lubbock under this Contract. Failure to comply with soy ofthe obliptieos eonsamed harm. may result in the City of Lubbock nailing itself of any of is rights under die law and under this Contract including, but not limited to, its right pertaining to termination or defauh. The warranties contained herein are separate and discrete from any Mho warranties specified in this Contract, and we not subject to any disclaimer ofwaranty. implied or expressed, or limitation of tan Seller's liability which may be specified in this Contract, its appendices, is schedules, its annexes or my document incorporated in Ibis Contract by rcfcv=, 10. SAFETY WARRANTY. Seller warraus that the product sold to the Buyer Anil conform to the staid" ptomulgaoed by the U. S. Department of Labor under the Occupational Safety and Hearth Act of 1970. In the event die product does not ceaform to OSHA mandards. Buyer at*, return the product for Correction or replacement al the Seller's expense. bithe evett Seller finis to sake the appropriate correction within a reasonable tunc, correction smado by Buyer will be at the Seller's expense. I NO WARRANTY BY BUYER AGAINST INFRrNGfMF%-N. As part ofthis contract for ask Seller spec! to as , ro whmS" grwh eanufnxtw M le aeerrdaruce with r r apeciftcaiorts attached to ibis agn, will give rise to die rightfal claim of any third person byway of n6mgaeent of the like. Buyer makes no warranty that die production of goods according to the specification will not pve rise to such a claim and in no event shall Buyer be liable to Seller for indemnification in the event that Sella is sued a the grounds of fi*i 4pumm ofthe Woe. If sells is ofthe opoiao that an 16indemait or the like will result. be will notify the Buyer to the effect in writing within two weeks at the airing of this agreement. If Buyer does not mceive notice and is rmaegnmtly bold liable for the io6uganmt or the Wm. Sella will am Buyer harmless. If Seller in goad faith s acataiu dw production ofthe goods in accordance with the specifications will result in infiinpe i or tie hike, the contract shall be mill and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to aspect the goods at delivery before fit" ahem. 13. CANCELLATION. Buyer shall have the right to coned for deLuY all or soy past ofthe aadchvamd parties of this order ff Seller brmchu ny of the lash hereof including warrasNes of Seller orNthe Seder betxaeu fnsoolvmt or oammis acts of boa nosy, Such right of aoontlaliao is is addition to and cam ion Bar of say olhar amedles which Buyer may Save is law or equity. 14. TERMINATION. The performance of work under tub order tiny be terminated in whole, or in part by the Buyer in aootrdaria with this provision. Termination of work beseader shall be effected by the delivery of the Sella of s "Notice of Termination" specifying tbw extant to which perform moo ofwork under the ardor is wriamseed and the date opori which cad aamlaation becowes effective. Such right or lamination is in addition to said not ion lieu ofthe rights of Buyer aunt forth in Clause 13,1 15. FORCE MAMLIRE. Neither party shall be, bold taponsthle for bows, resulting if me fielflthow ofay tams ofprovisiom ofthis oontreet its delayed or prevented by my cause sits within the control of4e party whore performance is saterfix with, mod which by the exhrtdse of maaaaabk dilige= ail petty is wok to revel. 16. ASSIGNMENT -DELEGATION. No dgkt or' - in this contract shall be aaiped or delepiticm of my obligation made by Saks without the written pa nissicm oftbe Buys. Any mmemtpled assignment or dekgaioe by Sella shall be wholly void and totally ineffictive fbr all purpose vales; male in conformity with this paragraph. 17. WANFR. No clshm or right arising out ofs beach of this contract an be discharged in whole or is part by a waiver or reaanciation of the claim or right asless the waiver or taamcistioa is appealed by coesidaatiam and is in writing siped by the Party. 18. INTERPRETATION -PAROLE EVE)ENCE. This writing. plus my specifications for bits and performance provided by Buyer in its advatim a eot for bids, and any other documents provided by Seller a part ofhs bid, is iabeodwd by the parties n a foal expression oftbei agreements sad imended also as a complete and exclusive sumemat of the Sams of dher agreement. Whenever a seem defined by the Uniform Caamacsl Code is mood 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 aver the tam "Uniform Commercial Code" is used, a shall be command as mieavimg the Unif nrm Commercial Code as adopted it the State of Tors a effective and Its fora an the dare of this agreement. 20. RIGHT TO ASSURANCE. Whenever erne party to this contract in good faith has reason to questions die other pety's .teat to perform be wry demand ohm the odic party give w, asm rmoce ofbis Went to perform. Is the event that a demand is nude and no assmaom is given within five (5) drys, the demanding party may trot this fatlure a an amtki story repudiation ofthe contract. 21. INDEMNIFICATION. Sella shall iidemmify, keep and awe harmless the Buyer, its agrees, officials and emgloyees, against all injuries, deathsless, damages, claims. patent claims, a&, limbilitia, judgments, costs and expen which way in aywse omew spina the Buyers consequence ofthe granting ofthis Contract or which may anywise resuh therefrom whether or not it shall be alleged or determined that the act was caused through negligence or omission ofthe Seller or its employees, or of the subSeller or assignee or is employees. if any. and the Seller shall, at his own expanse, appear, defend and pay all charges of attorneys and all cots and other espeom arising therefrom of incurred is connection therewith, and, if a? judgme m shall be tendered spina the Buyer in any such action, the Sella shall, at its we eapensa satisfy mad discharge the same Seller expressly understands and agrees that any bad required by this contnci. or otherwise provided by Seiler, shall in no way limit the responsibility to indemnify, keep and save harmless end defend the Buyer a herein provided. 22. TIME. his hereby expressly agreed and understood do time is ofthe essence for the performance of this contract, and biluc by costrect to meet the time mpecifcatiom of this speement will cause Seller to be in default of this agreement. 23, MBE. The City ofLubbock hereby notifies sit bidders that in regard to any contract entered into pursuant to this request, "aority and women business enterprises will be afforded equal opportunities to submit lads in response to ths invitation and will eM be discrimmmed aping on the pound+ of rasa, color, sex or natural origin in consideration for an award. Rev. 08.1005