HomeMy WebLinkAboutResolution - 2008-R0443 - Purchase Order For Cab And Chassis - Roberts Truck Center - 11_20_2008Resolution No. 2008-RO443
November 20, 2008
Item No. 5.13
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 cab and chassis and utility bodies as per bid 08-089-MA, by and between the
City of Lubbock and Roberts Truck Center 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
20th day of November , 2008.
TOM MARTIN, MAYOR
ATTEST:
Rebec a'Garza, City Secretary
APPROVED AS TO CONTENT:
'-M 0'� 4��j -
Mar earw , Assis ant City Manager
Chief Information Officer
APPROVE AS TO FORM:
Chad Weaver, Assistant City Attorney
vw/ccdocs/Chad/Resolutions/RES-Roberts Truck Center-PurchaseOrd
November 12, 2008
TO:
PURCHASE ORDER
ROBERTS TRUCK CENTER
4510 AVENUE A
PO BOX 3890
LUBBOCK TX 79452 3890
Page - 1
Date - 11/11/08
Order No. - 339226 000 OP
Brn/Pl_t 3511
SHIP TO:
CITY OF LUBBOCK
AUTO PARTS WAREHOUSE
204 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LIJBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY: 8 Ma4k,
----------------------------------------------------- --------------- -- --------
Ordered - 11/11/08 Freight - FOB Destination Frt Prepaid
Requested - 02/28/09 Taken By - VASKO, TOM
Delivery - BID 08-089-MA C & C and Utility Bodies
Description / Supplier Ite
International 4400 SBA
4 x 2 Per Spec 3711
Ordered
UM
Unit Cost
UM
2.000
EA
57,924.0000
EA
Extension Req. Dt
-115,848.00 02/28/09
This purchase order encumbers funds in the amount of $1 15,848 for the purchase of two cab and chassis' awarded to Roberts Truck Center, of
Lubbock, TX on November 20, 2008 in accordance with your response to BID# 08-089-MA, Cab & Chassis and Utility Bodies. 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# 08-089-MA. Resolution# 2008-RO443
CITYY OFF LUBBOCK
ATTEST:
f /9'1✓� /'y/
Tom Martin, Mayor Rebecc Garza, City Secretary
Toti31 der
Terms NET 30 115,848.00
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 m accordance with good
cotnmerctal practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name aid address. (b) Consignees name, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Container number
and total number of contatrers, 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 be suitably packed to secure lowest transportation cows and to conform with requirements
of common carom and any applicable spectfacatioos. 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 resonation and no tender of a boll of lading will operate as a tender of goods.
3. TITLE AND RISK OF LASS. The title antd risk of loss of the goods shall not pass to Buyer
omit Buyer actually receives and takes possession ofthe goods at the point or points of
delivery. ..
4. NO REPLACEMENT OF DEFECTIVE TENiJIM. Every teidd fdeli,.y ofgon&must
fully comply with all provisions of this contrail at to tirtle of delivery, quality and the like. if a
tender nB made which does not fully conform, this shall constitute a breach .mid Seller shall not
have the right to suhstittna a conforming tender, provided, where the time fir 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 or purchase release
number and the supply agreement number if applicable. Invoices shall be itemized and
transportation charges, if any, shall be fisted separately. A copy ofthe 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 than gratuities, in the form of entertainment, gifts
or otherwise, were offered or given by the Seller, or any agent or representative ofthe Seller, to
arty officer or employee of the City of Lubbock with a view to securing a contractor securing
fivorable 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 arty other
rights and remedies, to recover or withhold the amount ofthe 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 Setter for the
purpose of filling this order, such special tooling equipment and any process sheets related
ilmereto shall become, the properly 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 then Setter's current process on orders by others for products of the
kind and specification covered by tins agreement for similar quantities under similar of like
ctinditions and methods of purchme. In the event Seller breaches this warranty, the prices of
the items shall he 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. 'rhe Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage, or contingent fee excepting bona ride employees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business.
For breach of viciation of this warranty the Buyer shall have the right in addition to any other
right of nghts to cancel this contract without liability and to deduct from the contract price, cr
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 arty
Attempt to do so shall tender this contract voidahle a t the option ofthe Buyer. Seller warrants
that the goods furnished will conform to the specification, drawings, and descriptions listed in
the bid invitation and to the sarrople(s) Furnished by the Seller, if arty. In the event of a conflict
tr between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithstanding any provisions contained in the contractual agreement. the Seller represents
and warrants fault -free performance arid fault -free result in the processing date and date related
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
sulhvare and firmware products delivered and services provided tinder this Contract,
individually or in combination, as the case may be from the effective date ofthis Contract.
Also, the Seller warrants the year2000 calculations will he recognized and accommodated and
will not, in any way, result in hardware software or firmware failure. The Citv of Lubbock, at
its sole option, may re!luire the Sei!ar, at any limo, to demcncitrrae the procciures.ai intends to
fultow in order to comply with all the obligation contamed heron. llie obltgationscontained
herein apply to products and services provided by the Seller, its sub -Seller or airy third party
involved in the creation or development ofthe products and services to be delivered to the Cry
of Lubbock under this Contract. Failure to cumply with any of the obligations contained
herein, may result in the City of Lubbock availiry itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to'terminafmn or default.
The warranties contained herein are :uparate and discrete from awry other warranties specified
m this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation ofthe Seller's liability which may be specified in this Contract, its appendices, its
�•cliedules, its annexes or any document incorporated in this Contract by reference,
10 SAFETY WARRANTY. Seller warrants [hat the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department of Labor under the Occup:atnnal Safety And
Health Act of 1970. In the event the product does not conform to OSHA standards, Bit ver may
return the product for correction or replacement at the Seller's expense. In the event Seller
fails to make the approprtale correction within a reasonable lime, correction made by Buyer
wilt be at the Seller's expense.
11. NOWARRA"RVBYBUYFRaGA1NSTINFRiNGE\tE44TS. As Part ofthiscontract for
sale Seller agrees to .ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will gire nse to the rightful claim of an y third person
by way of infnngement of the like. Buyer makes no warranty that the production of goods
according to the specification will nol gi ve rise to such a clann, and in no event shall Buyer he
liable to Seller for indemnification in the event that Seller is sued on the growls of
uifringemeru of the like. If Seller is of the opinion that an infringement or the like will result,
Ix 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 goad faith ascertains the
production of the goods in accordance with the specifications will result in in Fri or the
like, the contras shall he null and void.
11. 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 arty pant ofthe
undelivered portion of this order if Seller breaches arty of the terms hereof including warranties
of Seller or if the Sel ter becomes insolvent or commits acts of bankniptcy. Such right of
cancellation is m addition to and not in lieu of any tither remedies which Buyer may have in
law or equity.
14. TERMINATION. 'rhe performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall he
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 the
rights of Buyer.set forth in Clause 13, herein.
15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting tribe
fulfillment of any terms of provisions of This contract is delayed or prevented by arty cause net
within the control ofthe parry 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 interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all
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 pot by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by considerationand is in writing signed by the aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any otherdocuments
provided by Seller as part of hts bid, is intended by the parties as a final expression of their
agreement and intended also as a complete and exchinsve statement ofthe terms of their
agreement. Whenever a term defined by the Umform 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 Code.
Where ever the term "Umform Commercial Code" is used, it shall be construed av meaning the
Uniform Commercial Code as adopted in the State of Texas as effective and in force on the
date of this agreement.
10. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party's intent in perform he may demand that the other party give written
assurance of his mlent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation ofthe 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 Coatrut or which may anywise result therefor, whether
or not it ..shall be alleged or determined that the act was caused through reshgence or orrossion
of the Seller or its employees, or of the subSeller or assignee or its employees, d.mv, .rid the
Seller shall, at his own expense, appear, defend and pay All charges of attomeys and all costs
and other expenses arising therefrom of incurred in connection therewith, And. if ampulgnrient
shall he rendered against the Buyer in any such action, the Seller hall, at itsown expenses,
satisfy and discharge the same Seller expressly understands and iurees that any bond required
try this contract, or otherwise provided by Seller, shall in no way limit the responsibility to
i demmty, keep and save harmless and defend the Buycr as .ccrem provided.
22. 'rMMF. It is hereby expressly agreed and underslixid that time is of the esserve fur the
performance of this contract, and failure by cumract to meet the time spec ificauans of this
agreement will cause Seller to be in default of this agreement.
23. tfBE. The City of Lubbock hereby notifies all hidden that to regard to any contract entered
into pursuant to this request, minorityand women business enterprises will he atlbrded equal
opportunities to submit bids to response to this invitation and %vill not be discnrrrnated against
on the grounds of race, color, sex or natural origin to consideration for an award.
Rev. Ug/20o