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HomeMy WebLinkAboutResolution - 2007-R0308A - PO - Lubbock Truck Sales - Heavy Duty Trucks, Cab, And Chassis - 07/12/2007Resolution No. 2007-RO308A July 12, 2007 Item No. 5.30 RESOLUTION 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 heavy duty trucks, cab and Chassis, with special equipment per Bid #07-035-MA, 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 12th day of July , 2007. DAVID A. MfLLER, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: c.. MariYear"od Assistant City Manager/Chief Information Officer APPROVED AS O FORM: r D n Vandiver, ttorney of Counse DDres /1-ubbTruckSales PUcon67 Res June 19. 2007 CITY OF LUBBOCK Page - 1 PURCHASE ORDER Date 6/12/07 1 Order No. _ 312708 000 OP Brn/Plt 3511 TO: LUBBOCK TRUCK SALES INC 1801 E SLATON HWY LUBBOCK TX 79404 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 794S7 BY: --------------------------------------------------------- ----------------- -------- Ordered 06/12/07 Freight FOB Destination Frt Prepaid Requested 09/28/07 Taken By MARTA ALVAREZ Delivery BID 07-035-MA -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension ------------ Req. Dt -------- - --------------------------------------- Cab & Chassis Sterling -- 1.000 EA ----------- 68,090.0000 -- EA 68,090.00 09/28/07 L7500 spec 603SW HC Cart Collector Single Axle 1.000 EA 68,090.0000 EA 68,090.00 09/28/07 Sterling L7500 Spec 603 Cab & Chassis Sterling 1.000 EA 69,193.0000 EA 69,193.00 09/28/07 LT7500 Spec 608 WU Cab & Chassis 8.000 EA 69,466.0000 EA 555,728.00 09/28/07 Sterling LT7500 Spec 608LH Cab & Chassis 1.000 EA 69,414.0000 EA 69,414.00 09/28/07 Sterling LT9500 Spec 608 RL Cab & Chassis 5th Wheel 1.000 EA 83,245.0000 EA 83,245.00 09/28/07 Sterling LT9500 Spec 641 SW This purchase order encumbers funds in the amount of $913,760 the purchase of Cab & Chassis awarded to Roberts Truck Center of Lubbock, Texas on dune 26, 2007, in accordance with your response to BID 7-035-MA, Heavy Duty Trucks, Cab & Chassis and Specialized Equipment. 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 07-035-MA. Resolution# 2007—RO308A _ CITY OF L O /& ATTEST: L/Vl .— David A. Mil r, Mayor Rebecca aria, City Secretary Total Order T�9g 4 8 TO FORM 913,760.00 r Assist Ci At orne TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: t SELLER TO PACKAGE GOODS. Sella will package goads in accordance with goad sanmeretal practice. Each shipping container shall be clearly and pemwnently marked as follows (a) Seder's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total numberof containcim e.g, box I of 4 boxes, and (d) the number of the container hearing the packing slip. Seller than bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costa and to conform with requirements of common carriers and any applicable spocifiatons. Bayer's cmmnt or weight shell be final and canchrsve on shipments not accompanied by pecking liens. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goads wader reservation and no dander of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The tide and risk of Ica of the goads shall not pas to Buyer until Buyer acdnlly motives, and h&ns pcowui m of the pi b arrive palm or\noiuts of i delivery. \ . 4. NO REPLACEMENT OF DEFEC TVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the Ifker. If e, Fender is made which does not fully conform, this shall 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 may than mate a confirming tender within the contract time but not afhnvard, 5. INVOICES & PAYMENTS. a Seller wall 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 nrsonsparuuien charges, itarry, shall be listed separately. A copy of tea billof Biding, sod die freight waybill when applicable, should be attached to fie invoice. Mail To; Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments am submitted after defpvay. 6. GRATUITIES. The Buyer may, by written notice to the Seller. cancel this contract without liability to Seller if it is determined by Buyer that grahuities, in the farm of muertaitaemt gilts or oterwim were offered or given by the Seller, or any agent or representative of the Sella, to any ofllear 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 determinations with respect to the performing of such a contract, irk the event this detract is canceled by Bayer puesudpnt to this provision. Buyer shall be untitled in addition to any other rights and rrmediee, to recover or withhold dun amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stand on the hce hoof includes the cost of any special tooting or q=W test equipment fabricated or rooted by Sadler for tha purpose of filling this order, such special tooling equipment and any process sheets related thereto shall becomne the properly of the Boyar and to the extent feadbhe "I be identified by to Seller as such. 8. WARRANTY -PRICE. it. The price to be paid by the Buyer shall be net contained in Sdder'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 tlds agreement for simila quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prim of the items stall be reduced to the Seller's current prices on orders by others, or in the alternative. Brier mey caned this contract without liability to Sell- for breach or Seller's rrtmal cap- — b. Thor SdW warrants that no person or selling agency has been employed or mtained to solicit or secure ibis contract upon m agreement or understanding for commission, pacemage, brukernt. or contingent fee excepting bore fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of secting business. For breach of vitiation of this warranty the Buyer shal I have the right in addition to any Odra right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise rcuum without liability and to deduct from the contract: price, or otherwise recover the full amount of such commission, percentage. brokerage or contingent gm. 9. WARRANTY -PRODUCT. Sella shall not limit or exclude any implied warranties and any amarpt to do so shall tender this contract voidable at the option of the Buyer. Seller waruna that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if arry. in the avant of e. conflict or between the specifications, drawings, and descriptions, the specifications shall govem. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -fox performance and butt -free rtsdt in the processing date and date related data (including, but not limited to calculating, compering and sequencing) of all hardware, software and firmware pruducts delivered and services provided wider this Contract, individually or in combination, as the case may be from the effective date of this Comma. Also, the Seller warrants the yaaf2000 cakulatiaea will be recognized and accommodated and will not, in any way, malt in hadwae, saftwere or firmware failure. The City of L dibock, at its sale apron, may require the Seller, at arty trite, to damosuak the procoduet it intends to follow in order to comply with all the obligations contained heroin The obligations contained herein apply to products and services provided by the Seller, its nib -Scuff or anythird patty involved in the creation or development of the products and services to be de vaned 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 itselfof any of its rights under the law and under this Contract inclydfng, but not limited to, its right pertaining to tarnination or default, The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and am not subject to any disclaimer of warnerity, implied or expressed or limitation of the SclIcea hiaMpity which may be specified in this Contract, is appea ics, its schciluics, its annexes or any document incorporated in this Contract by rduares. 10. SAFETY WARRANTY. Sella warrants that the product add to the Buyer shall conform to the standards prnentlgawd by the U. S. Department of Labor under the Occupational Safety and Heal th Act of 1970. In the event the proArt does not conform to OSHA standards, Buyer may rerun the product for correction or replacement at the Seller's expanse. in the evert Seller fails to make the appropriate mbmt iazdan within a teatonabde time, casmactim mad* by Buyer will be at the Salla's axpa,sa. 11, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Sella agtea to ascertain whether goods nunttfscWtcd in sccordatee with the specifications attached to this agreement will give rise to the rightful claim of any third person byway of infringement of doe like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such aclainn, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of tea likc. if Seller is of the opinion that an infringement or the like will romI% he will notify the Buyer to this effect in writing within two weeks after the signing orthis agreement. If Buyer does ant receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer homeless. if Seller in good faith ascertains the produiction of the goods in accordance with the specifications will restdt in infringemient or the like, the contrail shall be null and void. I2. RIGHT OF INSPECTION. Buyer shall have the tight to inspect die goods at delivery before sections damn. 13. CANCELLATION. Byer shall have the right to cancel for default all or any pat of the uoddivered portion of d& order if Seller branches my of the tenor hereof iuelrudigg wanvntis of Seller or if the Seller becomes insttivem or commits aura of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other romodiea which Buyer may have in law or equity. 14. TERMINATION. Into painnnarm of work under this order miry be tsmdismid in whole, or in Part by the Buyer in arxmrdsnce with this provision. Terrination of work hereunder shall be effected by also delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of wank ceder de order is terminated and th doe upon which such ranch aion beemea effective. Such right ortamittstim is in addition toand not in lieu of the rights of Buycr set forth in Clouser 13. herein. 15. FORCE MAJEURE. Neither party shaft be held responsible for loaves, resulting if the fWfitanent of may terms of provisions of this construct is delayed or prevented by any cause not withim the control of the party 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 airy obligation made by Seller without the written permission of sae Buyer. Any attempted. migm eat or delegation by Seller salt be wholly void and initially ineffective for PH purpose odes made in oenftrmity with this paragraph. 17. WAIVER. No claim orright sriaing art if a br*aeh of this contract east be dischoulled in whole or in part by a waiver or teaumciation of the than or right unless the waiver or tenuncirtion is suppotted by consideration and is in writing slysed by the aggrieved party. 19. INTERPRETATION -PAROLE -EVIDENCE. This writing, pas any specifications for bids and performance provided by Buyer in its advertisement for bids, and cry other deCanerts provided by Seller as part of his bid is intended by die parties as a fad expression of lair agreement and intended also as a complete and exclusive statement of the terns of their agratn an. Whcr %w a tam defined by the Uniform Commercial Code is used in this agreement, the defniticn contained in the Code to to control. 19. APPLICABLE LAW. This agree" shall be govcnxd by to Uniform Commercial Code. where ever the tam "Uniform Commercial Cede" w used. it shell be cot»uvcd as massing the Uniform Commercial Coders adopted in the Saw of Tate as. effective and in finer on the date of dais sgre mennt. 20. RIGHT TO ASSURANCE. Waemeverooe party to this contract in good faftt has reason to quegam the other parry's intentao perform hem" demand that the athtr psty give written assureiee of cis tenant to perfortrn. listhe oseet eat a dcnmM is made ad no assmwm is gfvcn within five (5) days. the demanding party may neat this failure a an anticipatory repudiation of the o ntram 21. INDEMNIFICATION. Seller shell indemnify, keep and save harmless the Buyer, its agars, otRciah aid employes, aping all iijuuis, daubs, loss, damages. claims, patent claims, suits, liabplities, jtdgneMs, meets and expenses, which may in aryw he accrue against the Buyer in consequence of the gnazmhtg of this Contractor which may atywfsa ms* thaefrom, whether ornot it shall lie alleged ordebut tied Chet the act was caused through regligeoce a ireission of der Seller or its employes, or of the subSelleror aseigstpe or its employees, if any, and the Seller shall, at his own expanse, #*pmr. defend srdpry all charges of attonays and all oats ad other expenses arising tlemfmm of irucurred in conntxiin dmewitft, nod. if any judgment shall be tendered against the Buyer in any such action, the Seiler shill, at is own experm*s, satisfy and discharge the seem Sella expressly mhdersurnds and agreas tart any isostd inquired by this conuac4 or otherwise provided by Seller, shall in no wry limit the responsibility to indemnify, keep sad save harrnlea and defend the Buyer as herein prwAded. 21 TiME. R is hereby expressly agreed and understood dot time is of the essence for the performarm of this coitrrct, and false by cahitrad to meat the tune specifications of this egrcoer a will case Seller to be in default of this agno em 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into parsumt to this mgi nt, minority sod women business enterprises will be afforded equal opportunities to submit bids in tapomsc to this Imitation and will not be discriminated against on the grounds of race, color, sex or netord origin in consideration for an award Rev. 08/2005