HomeMy WebLinkAboutResolution - 2007-R0343 - PO - Scoggin-Dickey Chevrolet-Buick - Cabs And Chassis - 07_26_2007Resolution No. 2007-RO343
July 26, 2007
Item No. 5.31
RESOLUTION
IBE 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 Scoggin-Dickey
Chevrolet -Buick of Lubbock, Texas, for purchase of three cab and chassis per BID 07-
055-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 26th day of July , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
Rebotca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark earwo
Assista t City Manager/Chief Information Officer
APPROVED AS TO FORM.
andiv , Att mey of unsel
D Dres/Scoggin-Di ckey3 cab&c hassi 00con07 Res
July 1 A, 2007
T
CITY OF LUBBOCK
T0:
URCHASEORDER
SCOGGIN-DICKEY CHEVY-BUICK
5901 SPUR 327
LUBBOCK TX 79464 4910
Page - 1
Date - 7/16/07
Order No. - 314459 000 OP
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79403
1N`:OICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
----------------------------------------------------------------------------
Ordered - 07/16/07 Freight - FOB Destination Frt Prepaid
Requested - 10/31/07 Taken By - MARTA ALVAREZ
Delivery - BID 07-055-MA
---------------------------------------.......................................
Description / Supplier Ite
Chevorlet Silverado 350OHD
CC31403 Spec 528
Chevrolet Silverado 3500 HD
CC31003 Spec. 528-LAS
Chevrolet Silverado 350OHD
CC31003 Spec 528 WUFS
Ordered UM Unit Cost UM
........... ------------- --
1.000 EA 22,259.0000 EA
1.000 EA 22,109.0000 EA
1.000 EA 22,004.0000 EA
Extension Req. Dt
-------------------- .
22,259.00 10/31/07
22,109.00 10/31/07
22,004.00 10/31/07
This purchase order encumbers funds in the amount of 56b,372 for the purchase of one ton cab and chassis awarded to Scoggin-Dickey Chevy -Buick
of Lubbock, Texas on July 26, 2007, in accordance with your response to BID 7-055-MA. 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 B1D 07-055-MA.
Resolution# 2007 R0343
CITY OF LUBBOC ., ATTEST:
J�V
David A. Miller, Mayor Rec Garza, City Secretary eb
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 66,372.00
TERMS AND CONDITIONS
iMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Salter and Buyer spree es follows:
1. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and permanently anguscd as
follows (a) Seller's name and address, (b) Consignee's name, address srud purchase order or
pwchm rukrase number gusd the supply sgr umnew number if applicable, (c) Container number
and total nugetbar of conts mus, e.g. boa l of 4 boas, well (d) the number of the container
Waring the packing slip. Seller shall hest and of packs ling mdsss otherwise provided. Goods
shall be suitably psckrd to secure hpwst transportation costs and to conform with
regwrerenee of common carriers and any applicable specifications. Boyer's cow or weight
shall be final and conclusive an dhipaeenis nos accompanied by packing line.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not aurhorimd to snip the
goods under reservation and no tern I of e. bill of lending will upstage as it render of goods.
3. TITLE AND RISK OF LASS. The title aged risk of bra of the goods shall rot per to Buyer
until Buyer acprally receives and take posssaien of to goods err the: point or pointg of
delivery.
4. NO REPLACEMENT OF OEFEC ME TENDER. Every tends of delivery of goods must
fishy corMly with all provisions of this contract w to time of delivery. quality and the like. Ifs
lender is made which does not fully confotn, We shall constitute a breech red Sella cull not
have the right to substituac a conforming tender, providad, where she time for performance has
not yet expired, the Sella may reasonably notify Buyer of his intention to car and may than
make a eonforning tender within the contract time hug not afterward.
S. INVOICES A PAYMENTS.
IL Sella doll submit separaea invokes, in duplicate, are each purchase order or purchase
taken attar each delivery. Invoiwh shall iadicoae the pumboae order or purd age release
number and the apply speemsest numbs if applicable. Invokes WWI be iun&M and
transporeatian charges, if any, shall be Bard stgararly. A copy of to bill of lading, sand the
WSW waybill when spplicsbl% should be attached go the invoice. Moil To. Accounts
Payable, City of Lubbock. P. O. Box 2M. Lubbock, Taus 79457. Payment Shall not be due
until the above instruments we submided oW delivery.
6. GRATUIT HS. The Buyer may, by wrimm notice to the Sella, caocet this contract without
liability to Sella If it is determined by Buyer toe graWitles, in the form of edataitsrhes, gifts
or othrwim were offered or given by the Seller, or say agent or representative of the Soler,
to any officer or employee of the City of Lubbock with a view 10 securing a contract or
securing favorable treatment with moped to the awarding or smaulm& or the making of sty
determinations with respect to the performing of such a corusect. In the event this contract is
cmcrled by Buyer parsusnt to thh ptarisiec, Byer shall be end" in adtfson go cry other
rights and rensedles, to recover or withhold the smoum of the one incurred by Saps in
Providing such gratu€ta.
7. SPECIAL TOOLS t TEST BQUiPMMr. If the price NOW an the fax hereof €ncladw the
cost of cry special looting or spocul not equipment fabricated or required by Seller for the
purpose of filling this order. such speelal fooling equipment send any Process sae4 retard
hereto shallb c - - to property of the Buyer ad to the extent feasible shall be ldnedfid by
der Sella a such.
S. WARRANTY -PRICE.
L 'fibs price to be paid by the Buyer shall be that contained in Seller's bid which Sella
wartaMa tobe no higher thou Seller's outran emcee on orders by othaa for products of the
kind end specifkabon covered by this sgreanrt for similar quantities under similar of like
conditions and methods of purchase. In the eve. Seller breaches this warranty, the prices of
the item analI be roducad to the Salrer's anent prices on adore by odwn. or in the
alterative. Buyer may cancel this coomi el without liability to Seller for bre.ch or Seller's
a4wf expense.
b. The Seller warrants that no person or selling 4semy has been employed or retained to
elicit or scourge tun caudate upoa an agreempm or understanding for com oni ina, poreaauge,
brokerage, or coronged fee excepting bons fda ongdoym of bate fide established
eomrrerchil or selling optician maintained by the Seller for she purpose of rearing business.
For breech of viciason of this warranty the Buyer shall have the right in addition in any other
right of fleas to cancel this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to dedact Sage the co noraot prim or otherwise mcover
the full ammum of such commission, mission, Percentage, bralmroga or contiglgam .fire.
P. WARRANTY -PRODUCT. Seller shall not Ilmil or exclude any implied warranties mud any
attempt to do aro shell render this contract voidable at the option of the Buyer. Seller waraals
that the goods furnished will conform to tha specification, drawings, and descriptions listed Ige
the bid nvitUlon, and to the sernple(s) furnished by the Seller, if say. In the evert of a conflict
or between the spadfimiows drewmge, end descriptions, the specification shall govern.
Notwithtstar ding cry provisions contained in to contractual agreemen, the Seller mpmu. to
and wamgeta fault -fee performance ad foul! -free might in the processing date and due muted
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and frmwae pmducs delivered and arvnca provided under this Contract,
itdivish ally or in cornbinat€an, as the was may be foal to efrsetin data of this Contract
Also, the Stlkr warrants thr yesr10W calculations; will be recognized and wcominodsrd and
will not, in any way. result in hardware. sotlwam or fumwamfoilum. The City of Lubbock, at
in sale option, may require she Seller. at coy time, to dome strate the procedium it roads to
fallow in ordr to comply with all the obligations contained hare. The obligations contained
herein apply to products and services provided by the Seller, is sub -Seller or coy third parry
involved in the creation or development of the products and services o be delivered to she City
of r.obhocit under this Contract Failure to comply with any of the obligations contained
herein, may result in that City of Lubbock availing staff of any of is rigors under the law and
under We Contract oncludng, but nor fmited sat, is right pauinng to germination or default:
The warranties coniatned harem we teprate tad disstle four any other warranties specified
in this Contract, and are not artbjat in any disclaimer of en uraty, implied or expressed, or
limitation of toe Seller's liability which nay be spedfled in thin CasWoc4 is appadiea, its
schedul s. is annexe or may damoneot incorporated in this Contract by reference.
10, SAFETY WARRANTY, Sells warrants that the product sold to the Buyer shall conform to
the standards promulgaud by the U. S. Depamned of Labor under the Oceupaglonal Safety
and Health Ad of 1970. In the avant is product does an conform to OSHA standards, Buyer
may «tun the product for con— an or replacarnau at the Solkr'g expense. In the aver"
Seller fule to make the appropriate correction within a mason" fine, correction nude by
Buyer wip be at the Sealer's expo u e.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan ofthis contract for
sale Seller agrees to ascertain whether goods manufactured in accadame with the
specifications atgscled 10 this agreererasm will give rile to the rightful deign of any third perwn
byway of infringernent of the like. Buyer makes no warranty that the production of goods
according to the speeifkationt will not give rise to such a cheigm and in no even) shall Buyer be
liable to Sella for irnderaniflution in the event that Sella is sued on the grourds of
infringement of the like. If Sella is of to opinion that an infringement or tha like will result,
he will notify the Buyer to this effect in writing within two weds afia the Westing of Wit
agreement. If Buyer does; nag receive notice and is subsequently held liable far 1111
infiinit it or the Bleat, Sella will gave Buyer harmless. if Seiler in good faith ucortnins the
production of the goods in wcardarhce with the speeificdiom will result in inteitgengermt or the
like, the caatraat shall be null tend void
12. RIGHT OF INSPECTION. Boya shall have the right to hapecl to goods et delivery before
a cepung them.
13. CANCELLATION. Buyer shall have the rie" to cancel for de hook all army pal of the
undelivered portion of this order if Selkor brawchn any of the no bacof inchnd€ng wergendes
of Sellera if the Sella bacott , inaalveoi orcommoo actsof brbrupeey. Such right of
cancellation is in addiion to cod not in line ofany other rarnedin which Buyer may have in
law or aquily.
14. TERMINATION. The performance of work under this order may be tetrieetd in whok, or in
part by glee Buyer in ecaordonae with this provision. Terminstian of work larrdar shall be
efecsad by the delivery of the Sella of s "Notice of Teeminson" specifying the extent to
which pafomanee of work under tie order is ternunated and the dote upon whidh such
germination boom= effwtive. Such right or germination u n addition to and not in lieu of die
righs of Buyer ad forth in Clams 13, berein.
15, FORCE MAIEURE. Neidha party shag be held responsible for lenses, eaadt€ng if tba
fhlfillrm" of arty terms of provisions of this centred is delayed or prevented by any canna not
w€Wim the central of the peaty whose performance is Imrrtaed with, and wWdu by do alerting
of teesocuble diligence said party he unablo to inevec"
la. ASSiGWENT-DEL.EOATION. No right ornfree €n this coutra . WWI be assigned or
delegation of say "blip" mode by Seller without the written prnsaaion of that Buyer. Any
gusampted assignment a delegation by Seller shall be wholly void and topoly nefiective for all
Purpose ardeea aado in coafGrrnity with this paragraph.
17. WAIVER. No eWm orrig" arising out of m breach of this ooatra, cart be discharged in whole
orIa part by a wsiva ar nor 11 r Wit m of the claim or right ratter ghat walvw oramlmoiaion is
aepporled by consideration and Is in writing Wpod by the aggrieved pssty.
14, INTERPRETATION -PAROLE EMENCE. This wrkM& ph* my specifloWora for bide and
perfarmarux provided by Buys in its advertisement for bids, red any other d wwnmb
provided by Seller se part of his bid, is nimdad by the patties an a final egaowim of thane
agnxmem sad intended sho es It complete and aceludve samme. of the terms of their
agreeman. Whenever a germ detlod by glee Uniform Commercial Code is used in th{s
aReened, the definition contained in that Code is to am* .
19, APPLICABLE LAW. This aeageunt shall be governed by the ilnifnr n Commercial Coda.
Where aver the term "Uniform Commercial Cade" Is end. it shall be construed ate raring the
Uniform Commercial ercial Code an adopted is the Stair of Texas as elective and in to= on die
doe of this agrcanlrtt.
20. RIGHT TO ASSURANCE Wheaover ore prty o this coregicl n good faith ban rowan to
question that other perty's €t"a I o perform he may dearad that eke other party give written
asuroce of his how to parfarta In the "vests sag a senores is mesa and to asset"= is
Shan within five (5) days, the demanding Party may mat this failure me an ndicipaory
repud W ion of the contract.
21. INDEMNIFICATION. Sella shad] indemnrry, keep and save harmless the Buyer, its seems,
officials sd employee, against all injuries, deaths, late, drnages, claims, paean claims, suits,
IWAises, judgments, toms and expenses, which may in anywise accrue againal the Buyer in
consequence of the Venting of this Conrad or which may anywise result therefum, whether
or as it shall be alleged or daurmined that the act was caused rhtottg, negligence orotnission
of the Seller or its anpioyeas, or of the subSollsr or awignga at is ereployom Irony. sad the
Sella shall, at hit own "pout, appear, def vd and pay all charges of ettomeys aged all wars
and other axpenat inrising tterefram of incurred in connection therewith. end, if sy judgnwm
shall be eeadaed apnW the Buyer in any such action, tie Sella shall, at it own grpcnas,
suitry crud discharge the some Seller expressly understands aged +Pas that try boed required
by this counted, or otherwise provided by Seller. "I in no way limit the responsibility to
insets ify. keep and save harmless and defend the Buyer as hraa providod.
22. TIME. It is busby expressly speed end wulm000d that time is of the essence for she
performance of this contract, sod failure by contact to mart am tune spocifkatian of this
sgre email will cause Seller to be in default of this agteemant
23. MBE. The City of Lubbock hereby notifies all bidders that in regal to any contract enured
into pusuam to this requeK minority and wearneu business gmocr s will be afforded cgoal
opportunit€n to vAmit bids in response to this imituion and will not be discnminased against
on the grounds of two. color. sex or natural origin in consideration for an award.
Rev. 0&7003