HomeMy WebLinkAboutResolution - 2008-R0380 - Purchase Order For Cab And Chassis - Scoggin-Dickey Chevy Buick - 09_25_2008Resolution No. 2008—RO380
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 per ITB 08-061-MA, by and between the City of Lubbock
and Scoggin-Dickey Chevy -Buick 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 25th day of September , 2008.
TOM MARTIN, MAYOR
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark earwo , Ass-islant City Manager,
Chief Information Officer
APPROVE AST FORM:
Chad Weaver, Assistant City Attorney
vw/ccdocs/Chad/Resolutions/RES-Scoggin-Dickey Chevy-Buick-PurchaseOrd
09/16/08
` Y O
A
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PURCHASE ORDER
TO:
SCOGGIN-DICKEY CHEVY-BUICK
5901 SPUR 327
LUBBOCK TX 79464 4910
CICY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
SHIP TO:
BY:
Page - 1
Date - 9/16/08
Order No. - 336103 000 OP
Brn/Plt - 3511
CITY OF LUBBOCK
AUTO PARTS WAREHOUSE
204 MUNICIPAL DRIVE
LUBBOCK TX 79404
IC-
--- •----------------------------------------------------d------------------ --------
Ordered - 09/16/08 Freight - FOB Destination Frt Prepaid
Requested - 01/31/09 Taken By - MARTA ALVAREZ
Delivery - BID 08-061-MA CAB AND CHASSIS
Description / Supplier Ite
Silverado 1500 CK10753
112 Ton Pick Up Spec 1521ST
Ordered UM Unit Cost UM Extension Req. Dt
...........
2.000 EA 23,762.0000 EA 47,524.00 01/31/09
This purchase order encumbers funds in the amount of $47,524 for the purchase of various cab and chassis awarded to Scoggin dickey Chevy
Buick, 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# 08-061-14A. Resolution# 2008—RO380
CATTY OF LUBBOCK AT ST:
l' l/TJ A
Tom ,Martin, Mayor Rebecj& Garza, City Secretary
1 Order
-- - Terms NET 30 47,524.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. Sri i_FR TO PACKAGE GOODS. Seller will package moods it accordance with good
c rninen sal panoice. Each skipping container shall he clearly amid permanently worked e
fnik+w> (a) Seller's same and oddras, (b) Consignee's weme, address and purchase order or
purchase reline number stud the supply agreement number if o plicable, (c) Cominer number
sad tout number of coataka m. e.g. box I of 4 bone, and (d) the number of the container
beariag the packing stip. Seller shall bear coo of pscicalliug unku otherwise provided Goads
shell he suitably pecked to sear! lowed trnuporlaboa toss and to conform with
recpiaemmt of cratiom carriers and any applh.mb c specificasoro. Buyer's coral or weight
shall he final and conclusive on Arp mamas mar wcomponied by packing luu.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is nor sotioriaedd to ship the
goods under reservation mind so tender of a bill of tsdins will opesme a a kinder of goads.
3. TiTLE AND R" OF LOSS. The tick and rth of for of the goods shaft scot paw m Buya
until Buyer dctuafiy receives and takes pcoessiah of the goods at the polo or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER Every trader of dobvay of Soda mot
fully comply with all provisieas of this comma an to time of deivery, quality sad the lie, If e
tends is made which dons oat Polly conform, this dull constitute a breech mod Seller shall fait
have die right to substmor a conforming leader. provided, where the time for pafamuce has
nor yin espied, the Sells may reasonably —4 Buyer of kin atmstioa bare amid may them
wake a conforning teeter within de aorena dwe but mot aAaward
S. INVOICES! PAYMENTS.
a. Seller shell sobwlt seprrek invoices, a dupliae, we and pmrckase order or pmchwe
s ,. sots each delivery. `voices" weNcale the parhee ads or Isoe ter w
number and the supply agrvewem number if applicable. invoices shall be Ansaed and
transportation ciwges if any, shall he listed sapentely. A copy of the bill of Lding, sad the
Aright waybill Whom applicable, should be attmched to the invoice. Mail To: Accmwm
Payable, City of Lubbock P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due
until del above instruments are submitted after deNvay.
6. GRATUITIES. The Buyer may, by wiilna notice to the Seller, cancel this comma without
Umbility to Sella if it is determined by Buyer diet gratuities, an the form of astertsomeal, gifts
a edam p w, was of es or given by the Seller, or my mot or representative of the Sella,
to my ofBsw orspleyee of ds Cky of Lubbock with a view so exariag s co erector
securing &yet" trosdmdn with rased in the awading a amandag, or the making *(my
delermaalloo with respse, to the performing of inch a comma. is de editor der contract 6
canceled by Buyer purount to this prervisica. Buyer shall be eMited, in addition so any ado
rights and remedies, to recover or withhold the =KKW of the coo Mewred by Sella in
Providing arch graadtie.
7. SPECIAL TOOLS d TEST EQUIPMENT. Ifthe price rated on the two he.tof inekdes the
coo of may special tooiag or opecial test equipment fabricated or required by Seller for tie
purpose of filing this order, ugh special sooting equlpsrnt sod my pots dimes related
deem shag become the property of tke Buyer and to de extent hiasible shall be iditified by
she Sella an such.
g. WARRANTY -PRICE.
a. The price to be paid by the Buys shall be dot contained in Seller's bid which Seta
warraats to be no higher then Seller's corms proctor on orders by osben for products of the
kind sod specification covered by the mgreemeat for stmilw quantities under delta of like
c oodsim mad methods orparch aae. in the event Seiler breaclsn this warranty, die prices of
The dcros dui be red scod to the SclWe aware- prises an orders by adas, or in tie
alternative. Buyer may cancel this contract without liability b Seller for breach OF Sefa's
Is. The Seller warrants diet no pan= or selling agency hit ben employed or retained a
Sol" Or es,re this contort upon an Woo m or understanding for coo masia, paaemge,
brokerage. or comebot fee eaapt6g bow fide employee of boon Bile atsbUsbed
commercial or selling agencies maaaiaed by the Seller for the purpose of awuNeg business.
For bract of vitiation of this warrwsty the Buya shall love the right in addition so say odor
right of (iglu tocaned thin comma without liability and to dodlad from the contract prim, or
otherwae recover sritbow liability and to deduct Aom the contrad price. or otherwise recover
the tWl saaam of rick commission. parentage, brokerage or coatings fie.
WARRANTY -PRODUCT. Ssllw shall ad Ikd or exclude any implied warranties and any
attempt to do so shall roadet this contract voidable at die option of The Buyer. Seller worrawa
rho the goods famished will conform to the specificatim drawings, nod descriptions lined in
the bid avltatioa. sad to the sotple(s) frsishod by the Seller, If army. In die event ore conflict
or between the specifications, drawings, and descriptions, the specifications shall goven.
Notwidammulag any provision contained a The eonhw ul agreement, the Seller represents
nod warrants lnk-five pefforsance and fauk-free result an the processing date red date related
date (xicksdag. but nor limited to calculating. coepsitg and sequencing) of all hardware,
software and firmware products delivered wad mica provided under this ConewL
milividualfv or in combination. as fix are msy; c flnm the ef%dive date of this Cshaaact.
Also. the Seller warrants; the year2000 akulmtiau will be recognited sod accommodated and
will nor, is any way, result in hardware. sofbvort or firmware failure. The City of Lubbock. of
is sole option, may respire the Seller. at any time, to demautrale the procedures it steads to
follow in order to comply with all rst obligations contained herein. The obligations contained
herein apply to phuthmas and services provided by the Seller, its sub -Seller or any ihad parry,
involved in die oration of developarat of the products and mica to be delivered to the City
of Lubbock wider this Cmtrs,. Failure to comply with any of the obligations curtained
herein, may result in the City of Lubbock availing itself of any ores fights under the law ad
under this Coeval iecludim& but not limited to. its right pertaining to terminstkoc or defwh.
The warranties coeuted herein we separate and discrete Aom any ocher warranties specified
in th is Contract. and set not subject to my disclaimer of wamnty, implied or expressed, or
Incitation of dx Seller's liability which may be specified in this Contract, its appendices, its
schedules, its annexes or my document tacorpor sted in this Contract by reference.
10. SAFETY WARRANTY. Seller warrant; (hat the product sold to the Buyer dull conform to
die standards promulgated by the U. S. Department of Labor under the Occupational Safety
stud Health Act of 1970. in the evert the proud does not conform to OSHA standards. Bmye
soy rerun the product for corivaim a replacemen a the Seller's expemse in die event
Seller faits to tithe the appropriate correction within a reasonable timt. eorreamse made by
Buyer will be at the Seller's capenr.
1. NO WARRANTY Bl' BLYER AGAINST INMrNGFk1FNl3. As part of dais: ccmvact for
sole Seller ogre" te, WTrmm 0 no h', grv%I. nraudreurm in merridsacv with rkr
specifications attached to this agreement will give rise to the njmfd clam of any third pesos
by way d iniringeasat of de lie. Bayer sraka min wartmiay that arse production of gaits
aooerdiag to due specification will not give doe so auk a claim, and in no event shall Buyer be
liable tc Sella for iwdemnifica ion a de event that Seller a sued on the grn,mds of
iot ngemat ofthe like. If Seger 6 ofthe opinion drat ad i5wspmern or due Lake will remak.
be will notify die Soya to this effect in writing within two weeks afar die signing of this
apmmnc If Buyer does not receive smtice amid ts wbeegomdy held liable for the
luftwprm t or the lie, Seller will twit Buyer harmless. If Seller in good faith naxrubts die
production of the goods in accordance with the speciHcatiom will moult an aAagerhem or the
like, the contract shall be mill and void.
1I, RIGHT OF fNSPECTION, Buyer shall hove The right to inspea die goods me delivery before
wowdog rind
13. CANCELLATION. Buyer shallhave theright so om im for defwth all or may pat of the
nadd ive eel patio of thin order if Sella breaches any of she area has imchdag wmanadd
of Sella ar Usher Seas bwom asoly w orcoraib sins of btsdmtptcy. Suck rigif of
eacaBatfdw 6 in addi0ea to and not is bed of any ado remdies which Buyer way helve it
law or equhy.
14. TERMINATiON, The perimmmm of work wader this ads orsy be laminated in whole, or im
part by del Boyer a accordance with this provision. Tommatmn of work hereunder shall be
effected by the delivery or the Seller dire "Notice of Termindion" specifying the ex dr so
whirls performance of work under the order 6 lemma W and the date upon which reach
termim.dm becomes eRective. Such eight or kro saattom a a addition, to and not a low of die
right of Buyer d forth in Climate 13, behm 1
13. FORCE MAfEURE. Neither puny idl be held senposuible Nor bona, resulting if del
futflpnst ornery same of provisions of this comma a delayed or prevented by miy erne no
within de smtrd of the party whose performance Is iaserI , with, and which by the exercise
of mosonable diligence tWd party In mombie tope,
16. ASSIONMENT-DELEGATION. No right or blind in this concoct shop be assigned or
delegation of any oblilptica made by Seller without the * permission of de Buyer. Any
atseaspsad aW m v w or delegation by Seller shill be wholly void amid totally ineffective for all
purpose uwidu made in eooknaky with this psnogmph.
17. WAIVER No chain or sight wising out of ■ breech of this comed can be discharged in whale
or a port by a waives or reeusclotlaa of the claim or right aoh= the walver or ea ancimio 6
supported by moaiduatidn od is in writing sipd by the slag eved party.
11. PTIERPRETATiON-PAROLE E ViDENCE. This writing, phs many specifications for bids and
pie provided by Buyer in its advertisement for Mdo, and my odor doasmanm
provided by Seller w part of his bid, is intended by the parties an a foal expansion of del
sipeewmt and inlaaded also as a complete and exclusive statement of the scrim; of thew
agreemat. Whosoever a ken defimied by the Uniform commercial Code a used an rws
apoemacK Ike deBaftim conmaeed in the Code 6 to control.
19. APPLICABLE LAW, Thb agnewarr ahafi be governed by the Lhiff s Commercial Code.
Wbe w am the seam "Ualferm CommercW Code" a odd it shill be crosrudd an a wmag the
Untfarm CommomW Code as adopted a the Stove of Texas a effddin and is fora an the
dele of the apemhem
20. RIGHT TO ASSURANCE. Whmdva one parry so this contract in good fait ban reason to
causation the other party's aunt to perform be may demand rut the other pasty give written
ass reace of bin aka so Parfan in tic event that a I 6 made and no assurance in
gives wide five (S) days. Ike demanding partly stay bees this failure as me a diclpmbry
repuudiarion of the contrail,
2l. INDEMNIFICATION. Sella till indemnify. keep mod were hwmkas the Buyer, its seemta,
ofllctale sod employee, semimt all gjnries, deaths, loan, dough, claimm, pares claim. wits,
liabilities, j xWmemn cowl and expenses, which my in anywise accrue allows the Buyer a
emasquesce of tie grouting of" Co mind or which way anywise result dimell whether
or era it AWI be alleged or dewrmaed rot the act was weed rI Ill negligeaee or onsamen
of the Sella or is employees, or of The sdbSeller or swigsee or is easployem if any, and the
Sells shall, me his own expense, appear, defend mad pay all charges of storeys ad all cants
and oiler eaperi wising therehom of iecvrred is connection therewth, and if any judgment
shall be arm to , spins the Buyer in any such maim, the Seller shall, as is own expemmd,
amisfy and dbch ale the satyr Seller expressly -understands and agrees that any bond required
by this contract or otherwise provided by Seller, shall at oo way limit she responsibility to
wAtmiy, keep and save harmless and defend The Buyer as herein provided
22. TIME. it a hereby expressly agreed and understood" time is of the essence for the
performance of this concoct, and fadure by contract to rase the time speciflcmiotts of this
agreemem will muse Seller to be in defwk of this agreemeru.
21 MBE. The City of Lubbock hereby ootifles oil bidders that in regard to any cortbod enteral
into pursuait to this request, minority and women business enterprises will be mffaded equal
opportunities to submit bids in response to this avnatim sad will not be discriminated amainat
on the gsrouods efface, color, sex or natural origin to considerstim for an award.
Rev. 08,1005