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HomeMy WebLinkAboutResolution - 2007-R0307 - PO - Shamrock Chevrolet - Chevrolet CT8500, Truck Mounted Paint Striper - 07_12_2007Resolution No. 2007-RO307 July 12, 2007 Item No. 5.29 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the City of Lubbock and Shamrock Chevrolet of Lubbock, Texas, for purchase of a Chevrolet CT8500 with truck mounted paint striper, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 1 _th day of DAVID A. MILLER, MAYOR ATTEST: Re cea Garza, City Secreta APPROVED AS TO CONTENT: YY MarllVearwq0l, ASsii tant City Manager/Chief Information Officer APPROVED AS TO FORM: on Van er,-ttome,y of Counsel Mres; Shamroc kPaint5triper07P0con Res July 5, 2007 , 2007. Y CITY OF LUBBOCK ° Page i� PURCHASE ORDER Date Order No Brn/Plt TO: SHAMROCK CHEVROLET 3907 AVENUE Q LUBBOCK TX 79412 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY:yf�� Kal.-4� . 1 7/03/07 313892 000 OP 3511 --------------------------------------------------------------------------- Ordered 07/03/07 Freight - FOB Destination Frt Prepaid Requested 02/29/08 Taken By MARTA ALVAREZ Delivery - BID 07-048-RW ------------------------------------------------------------------------------ Description / Supplier Ite ---------------------------- Chevrolet CT8500 C & C With Truck Mounted Paint Striper Ordered UM Unit Cost 1.000 EA 278,951.0000 UM Extension Req. Dt EA 278,951.00 02/29/08 This purchase order encumbers funds in the amount of $278,951 for the purchase of a truck mounted paint striper unit awarded to Shamrock Chevrolet of Lubbock, Texas on July 12, 2007, in accordance with your response to BID 7-048-RW. 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 07-048- RW. Resolution# 7-007—RO307 CITY OF LUBBOUR Z or of AT ST: lti C David A. Mill r, Mayor Rebec a Garza, City Secretary Total Order --------------------------------------I---------------------------------------------- T%ffk0%-6 A'S'TO FoRMV r 278,951.00 Assistant Attorney s 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. Sella will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply sgnxment 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 hearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed m 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 PROHIBrrED. Seller is not authorized to ship the goods under reservation and no tender of a 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 paint or points of delivery. 4. NO REPLACEMENT OF DEFECiTVE TENDER. Every tender of delivery of goods must fully eonVly withal] provisions of this contract "to time of delivery, quality and the like. If a tender is made which does not fully conform, this stall 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 my then nake 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 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 tray, by written notice to the Seiler, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Sella, 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 determinstions with respect to the pafamring 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 Boling or special teat equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment 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. 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 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 aiternstive. 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 of retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting brim fide employees of bona Fide cinabiished commercial or selling agencies maintained by the Seller for the purpose of aecuring business. For breach of vitiation of this warmly 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 ,tempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods famished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the gampie(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govom, Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and f■ult-free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the caw may be from the effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and wil I not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, to demonstrate the procedures ii intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its Bub -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 udder 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 diwiaimeT of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedule&, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants diet 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 mpiacemcru at the Seller's expense. In the event Seller fails to make the appropriate correction within it reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAfNST iNFRINGEMLNTS. As par of this contract for sale Seller agrees to ascertain whether goods nanufactured 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 snakes 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 or, the groundi of infringement of the like. If Seller is of the opinion that an infringement or 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 Will liable for the infringement or the like, Seller will save Buyer harrrdem. if Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract "I be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect de 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 Sella breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or conartils acts of bankruptcy. Such right of cancellation is in addition to and not in lieu ofany other remedies which Buyer nay 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 provision. Termination of work hereunder shall be effected by the delivery of the Se ter 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 MA]EURE. Neither party shall be held responsible for losses, resulting if the f tIfilli ens of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performs = 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 assig inwril or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. i7. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole OF in part by a waiver or renunciation of the claim or right unleaa the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. i & FNTERPRETA77ON-PAROLE EVIDENCE. This writing, plus any specifications for bids and performance, provided by Buyer in its advertisement for bids, and any other documcnu provided by Seller as pan of his bid, is intended by the parties as a final expression of their agreement Bad intended also as a complete and exclusive statement of the terms of their agreement. Wherever a term defined by the Uniform Commercial Code is used in this agrxancmt 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 "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. LIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other parry's intent to perform he nay dcnwd that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may (rear this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indannify, keep and gave harmless the Buyer, its agents, officials and employees, against all injuries, desalts, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue againal the Buyer in consequence of the }panting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the no was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all coats 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 Sella 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 Buyer as herein provided- 22. TIME. It is hereby expressly agreed and understood that tirnte 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 this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders dial 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, color, sex or natural origin in consideration for an award. Rev. 08/2005