HomeMy WebLinkAboutResolution - 2014-R0012 - Sam Pack's Five Star Ford - 01_09_2014Resolution No. 2014-R0012
January 9, 2014
Item No. 5.14
RESOLUTION
BE 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 for
and on behalf of the City of Lubbock, Purchase Order No. 31017810 for the purchase of Group 4
— light duty trucks as per ITB 14-11652-DT, by and between the City of Lubbock and Sam
Pack's Five Star Ford of Carrollton, 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 on January 9, 2014
',e4
�VKN C. 'RbfiERTSON, MAYOR
ATTEST:
e e I
ca Garza, City Secretary
APPROVED AS TO CONTENT:
Scott S 'der, A sistant City Manager
Community Services
APPROVED
TO FORM:
Chad 4'Weaver, Assista`t City Attorney
vw:ccdocs/RES.Sam Packs-PurchaseOrd
December 26, 2013
3 �
a City of
bo&kPURCHASE ORDER
TO. SAM PACK'S FIVE STAR FORD
P O BOX 110098
CARROLLTON Texas 75011-0098
Page - 1
Date - 12/23/2013
Order Number 31017810 000 OP
Branch/Plant 3526
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCII, TX 79457 BY: UWhjVW--/
MaRa Alvarez, Director of Orchasing & Contract Management
.ered 12/23/2013 Freight
Requested 12/23/2013 Taken By
Delivery PER M.TREVINO/REQ 42669 ITB 14-11652-DT
Description/Supplier Item
Ordered
1/2 ton, Crew Cab, Short Bed,
3.000
4x4, Spec 1525-4
1/2 ton, Extended Cab, Short
5.000
Bed, 4x2 Pickup, Spec 1526-2
1/2 ton, Extended Cab, Short
1.000
Bed, 4x2 Pickup, Spec 1526-2
1/2 ton, Extended Cab, Short
1.000
Bed, 4x2 Pickup, Spec 1526-2
1/2 ton, Extended Cab, Short
1.000
Bed, 4x4 Pickup, Spec 1526-4
1/2 ton, Extended Cab, Short
1.000
Bed, 4x4 Pickup, Spec 1526-4
3/4 ton, Extended Cab, Reg Bed
1.000
4x2, Spec 1534-2
3/4 ton, Extended Cab, Reg Bed
1.000
4x4, Diesel, Spec 1534-4-DSL
Unit Cost UM Extension Request Date
25,485.0000 EA 76,455.00 05/23/2014
20,862.0000 EA 104,310.00 05/23/2014
20,862.0000 EA 20,862.00 05/23/2014
20,862.0000 EA 20,862.00 05/23/2014
23,179.0000 EA 23,179.00 05/23/2014
23,179.0000 EA 23,179.00 05/23/2014
22,065.0000 EA 22,065.00 05/23/2014
32,118.0000 EA 32,118.00 05/23/2014
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 in accordance with good
commercial practice. Each shipping container shall be clearly and permanently sharked as
follows (a) Seller'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 number of containers, 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 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 PROHIBITED. 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 point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods trust
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
tender is trade 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 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 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 may, by written notice to the Seller, 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 Seller, 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 attending, or the [Waking 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 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 tooling or special test 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
alternative. 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 or
retained to solicit or secure this contract upon an agreement or understanding for commission,
percentage, brokerage, or contingent fee excepting bona fide employees of bona fide
established commercial or selling agencies maintained by the Seller for the purpose of securing
business. For breach of vitiation of this warranty 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 cotmnission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
that the goods furnished will confonn to the specification, drawings, and descriptions listed in
the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict
or 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 and fault -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 case may be from the effective date of this Contract.
The obligations contained herein apply to products and services provided by the Seller, its sub -
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 under 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 disclaimer of warranty,
implied or expressed, or limitation of the Seller's liability which may be specified in this
Contract, its appendices, its schedules, its annexes or any document incorporated in this
Contract by reference.
10. SAFETY WARRANTY. Seller warrants that 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 replacement at the Seller's expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to ascertain whether goods manufactured 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 on the grounds 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 held liable for the
infringement or the like, Seller will save Buyer harmless. 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 shalt be null and void.
12. 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 any part of the
undelivered portion of this order if Seller breaches any of the terns hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may have in
law or equity.
14. TERIv11NATION. 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 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 if the
fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not
within 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 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 part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and 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 other documents
provided by Seller as part of his bid, is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the tenns of their
agreement. Whenever a tern defined by the Uniform 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 tern "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. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other parry's intent to perform he may demand that the other party give written
assurance of his intent to perform. In the event that a demand is [Wade and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the 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 Contract or which may anywise result therefrom, whether
or not it shall be alleged or determined that the act 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 costs
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 Seller 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 time 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 that 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.
24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all forms
of relief in a court of competent jurisdiction, Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
25. RIGHT TO AUDIT. At any time during the tern of the contract, or thereafter, the City, or a
duly authorized audit representative of the City or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractor's records and books relevant to all
services provided to the City under this Contract. In the event such an audit by the City reveals
any errors or overpayments by the City, Contractor shall refund the City the full amount of
such overpayments within thirty (30) days of such audit findings, or the City, at its option,
reserves the right to deduct such amounts owing the City from any payments due Contractor.
Rev.02/2012
x
r City of
Lubbock PURCHASE ORDER
TEXAS
TO: SAM PACK'S FIVE STAR FORD
P O BOX 110098
CARROLLTON Texas 75011-0098
Page - 2
Date - 12/23/2013
Order Number 31017810 000 OP
Branch/Plant 3526
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCIITX 79457 BY:
jtWxy J/
Marta Alvarez, Director oldurchasing & Contract Management
Ordered 12/23/2013 Freight
Requested 12/23/2013 Taken By
Delivery PER M.TREVINO/REQ 42669
ITB 14-11652-DT
Description/Supplier Item
Ordered
3/4 ton, Extended Cab, Reg Bed
2.000
4x4, Liftgate, Spec 1534-4-LG
3/4 ton, Cab/Chassis, Reg Cab
1.000
4x2, Spec 1536-2
3/4 ton, Cab/Chassis, Reg Cab
2.000
4x4, Spec 1536-AS
1 ton, Regular Cab, Bed Delete
2.000
4x4 SRW, Spec 1541
1 ton, Regular Cab, Bed Delete
1.000
4x4 SRW, Spec 1541-WP
1 ton, Extend Cab, Bed Delete
1.000
4x4 SRW, Spec 1541-TR
1 ton, Crew Cab, Cab/Chassis
1.000
4x4 DRW, Spec 1543
1 ton, Extend Cab, Bed Delete
1.000
4x2, Spec 1548
Unit Cost
UM
Extension
Request Date
28,931.0000
EA
57,862.00
05/23/2014
20,468.0000
EA
20,468.00
05/23/2014
47,000.0000
EA
94,000.00
05/23/2014
24,099.0000
EA
48,198.00
05/23/2014
24,099.0000
EA
24,099.00
05/23/2014
26,227.0000
EA
26,227.00
05/23/2014
29,704.0000
EA
29,704.00
05/23/2014
23,570.0000
EA
23,570.00
05/23/2014
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 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 agreement 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
bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to 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 PROHIBITED. 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 point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
tender is [Wade 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 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 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 may, by written notice to the Seller, 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 Seller, 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 seeming
favorable treatment with respect to the awarding or amending, or the [Waking 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 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 tooling or special test 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
alternative. 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 or
retained to solicit or secure this contract upon an agreement or understanding for commission,
percentage, brokerage, or contingent fee excepting bona fide employees of bona fide
established commercial or selling agencies maintained by the Seller for the purpose of securing
business. For breach of vitiation of this warranty die 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
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
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 any. In the event of a conflict
or 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 and fault -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 case may be from the effective date of this Contract.
The obligations contained herein apply to products and services provided by the Seller, its sub -
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 under 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 disclaimer of warranty.
implied or expressed, or limitation of the Seller's liability which may be specified in this
Contract, its appendices, its schedules, its annexes or any document incorporated in this
Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety and
I lealth Act of 1970. In the event the product does not conform to OSHA standards, Buyer may
return the product for correction or replacement at the Seller's expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to ascertain whether goods manufactured 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 makes 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 on the grounds 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 held liable for the
infringement or the like, Seller will save Buyer harmless. 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 shall be null and void.
12. 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 any part of the
undelivered portion of this order if Seller breaches any of the terns hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may 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 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 if the
fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not
within 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 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 trade 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 part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and 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 other documents
provided by Seller as pan of his bid, is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the terms of their
agreement. Whenever a tern defined by the Uniform 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 tern "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, RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other parry's intent to perform he may demand 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 treat this failure as an anticipatory
repudiation of the 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 Contract or which may anywise result therefrom, whether
or not it shall be alleged or determined that the act 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 costs
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 Seller 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 time 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 that 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.
24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all fors
of relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
25. RIGHT TO AUDIT. At any time during the ter of the contract, or thereafter, the City, or a
duly authorized audit representative of the City or the State of Texas, at its expense and at
reasonable titres, reserves the right to audit Contractor's records and books relevant to all
services provided to the City under this Contract. In the event such an audit by the City reveals
any errors or overpayments by the City, Contractor shall refund the City the full amount of
such overpayments within thirty (30) days of such audit findings, or the City, at its option,
reserves the right to deduct such amounts owing the City from any payments due Contractor.
Rev. 02/2012
City of
Lubbock PURCHASE ORDER
Texas
TO: SAM PACK'S FIVE STAR FORD
P O BOX 110098
CARROLLTON Texas 75011-0098
Page - 3
Date - 12/23/2013
Order Number 31017810 000 OP
Branch/Plant
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alvarez Oirector of t4chasing & Contract Management
r ere Freight
Requested 12/23/2013 Taken By
Delivery PER M.TREVINO/REQ 42669
ITB 14-11652-DT
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Total Order
Terms NET 25 EOM
647,158.00
3526
This purchase order encumbers funds in the amount of $647,158 awarded to Sam Pack's Five Star Ford of
Carrollton, Texas on January 9, 2014. The following is incorporated into and made part of this purchase order by
reference: ITB 14-11652-DT bid form dated December 9, 2013 from Sam Pack's Five Star Ford of Carrollton,
Texas. Resolution# 2014-R0012
CITY OF LUBB C
Glen C. o ertso , Mayor
ATTEST:
Rebtcca Garza, City Secreta
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 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 agreement number if applicable, (c) Container number
and total number of containers, e.g. box l 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 costs and to conform with requirements
of common carvers 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 PROHIBITED. 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 point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
tender 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 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 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 may, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the fora of entertainment, gifts
or otherwise, were offered or given by the Seller, 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
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 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 tooling or special test 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
alternative. 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 or
retained to solicit or secure this contract upon an agreement or understanding for commission,
percentage, brokerage, or contingent fee excepting bona fide employees of bona fide
established commercial or selling agencies maintained by the Seller for the purpose of securing
business. For breach of vitiation of this warranty 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
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
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 any. in the event of a conflict
or 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 and fault -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 case may be from the effective date of this Contract.
The obligations contained herein apply to products and services provided by the Seller, its sub -
Seller or any third patty 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 under 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 disclaimer of warranty,
implied or expressed, or limitation of the Seller's liability which may be specified in this
Contract, its appendices, its schedules, its annexes or any document incorporated in this
Contract by reference.
10. SAFETY WARRANTY. Seller warrants that 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 replacement at the Seller's expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to ascertain whether goods manufactured 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 makes 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 on the grounds 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 held liable for the
infringement or the like, Seller will save Buyer harmless. 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 shall be null and void.
12. 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 any part of the
undelivered portion of this order if Seller breaches any of the terns hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may 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 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 if the
fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not
within 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 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 part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and 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 other documents
provided by Seller as part of his bid, is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the terms of their
agreement. Whenever a tern defined by the Uniform 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 tern "Uniform Commercial Code" is used, it shall be construed as meaning the
Uniform Corn mercial Code as adopted in the State of Texas as effective and in force on the
date of this agreement.
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party's intent to perform he may demand 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 treat this failure as an anticipatory
repudiation of the 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 Contract or which may anywise result therefrom, whether
or not it shall be alleged or determined that the act 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 costs
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 Seller shall, at its own expenses,
satisfy and discharge the sane 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 time 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 that 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.
24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all forms
of relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
25. RIGHT TO AUDIT. At any time during the tern of the contract, or thereafter, the City, or a
duly authorized audit representative of the City or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractors records and books relevant to all
services provided to the City under this Contract. In the event such an audit by the City reveals
any errors or overpayments by the City, Contractor shall refund the City the full amount of
such overpayments within thirty (30) days of such audit findings, or the City, at its option,
reserves the right to deduct such amounts owing the City from any payments due Contractor.
Rev. 02/2012
Sam Pack's Flve Star Ford
REVISED 16351N 35 E(North) Carrollton, TX 75006
Bidder's Nat�c14)837-3054 phone, (972)245-5278 fax
Alan , Rosner -Commercial Fleet Director
City of Lubbock, TX
Purchasing and Contract Management
Croup 4 - Light Duty Trucks
BID FORM
In compliance with the Invitation to Bid 14-11652-DT, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material,
equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for
the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions,
alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously
unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14-11652-DT
is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
Unit
Delivery
ITEM
QTY
of
DESCRIPTION
UNIT PRICE*
EXTENDED
(Days)
W-)
Measur
BID
COST
ARO**
e
1.
3
Each
'12 Ton, Crew Cab, Short Bed, 40, Pickup
$ 1�
_[ J
$ t ��
�p
�ru
per Specification No. 1525-4
U` 10J
Model Year, Brand Name and Model Number: �0�
114
2.
7
Each
'12 Ton, Extended Cab, Short Bed, 4x2
$ In
I r O
Ip "j�'
Is
n0
"t
Pickup per Specification No. 1526-2
d(J
Model Year, Brand Name and Model Number: 1`4 n
lU� Xr�
3.
2
Each
%: Ton, Extended Cab, Short Bed, 4x4
10
Pickup per Specification No. 1526-4
Model Year, Brand Name and Model Number:
4.
1
Each
3/4 Ton, Extended Cab, Regular Bed, 4x2
$ vob �
$ �.}
(]�
ICJ
Pickup per Specification No. 1534-2
Model Year, Brand Name and Model Number: (P�/ti j /�0V
(/ t'(
4 T(in ExtendedNtt�,
01
5.
Pickup per Specification No. 1534-4
Model Year, Brand Name and Model Number: 114h �a-e)
640
l4ux,4
6.
1
Each
3/4 Ton, Extended Cab, Regular Bed,
Diesel Pickup per Specification No. 1534-
$3�
C
5 3a �� I l
4-DSL
Model Year, Brand Name and Model Number:
7.
2
Each
3/4 Ton, Extended Cab, Regular Bed, 4x4
Pickup with Liftgate per Specification No.
n
SOLV 3I
V 1✓�J
$ `�l4`_�
0
91c)
1534-4-LG
p
Model Year, Brand Name and Model Number:
IDFVTCF.n
Unit
Delivery
ITEM
QTY
of
DESCRIPTION
UNIT PRICE*
BIDCOST
EXTENDED
(Days)
ARO**
(+/-)
Measur
e
3/4 Ton Crew Cab Short Be x2
Pickup, per Specification No. 1535-2
Model Year, Brand Name and Model Number:
w
9.
1
Each
3/4 Ton, Cab and Chassis, Regular Cab,
(To be paired with Specification No. NV-41-Fof this
(To per Specification No. 1 o.NV-
$ o
b
$
U
qo
bid)
77
Model Year, Brand Name and Model Number, t fl ,0 /�.
10.
2
Each
3/4 Ton, Cab and Chassis, Regular Cab, 4x4
with Animal Transport Unit per Is
� ��
41000
^ r _ �,
$ !,`�`/'f1,`//1�1w� 1
IGLO
S ecification No. 1536-AS
Model Year, Brand Name and Model Number: Fab
3/4 Ton, Crew -Cab, Short Bed 4x4 Picku
per Specification No. 1535-FD
Model Year, Brand Name and Model Number:
12.
2
Each
1 Ton, Regular Cab, Bed Delete, 4x4,
SRW per Specification No. 1541. (To be
$d4o99qglq
Jbpaired
with Specification No. NV-41 of this bid)
U
Model Year, Brand Name and Model Number:
13.
1
Each
1 Ton, Regular Cab, Bed Delete, 4x4, SRW
per Specification No. 1541-WP (To be paired
$�
$
with Specification No. NV-41 of this bid)
Model Year, Brand Name and Model Number:
a�
1 Ton, Extended Cab, Bed Delete, 4x4,
14.
I
Each
SRW per Specification No. 1541-TR. (To
be paired with Specification No. NV-38-'fR of this
$���^
bid
Model Year, Brand Name and Model Number:
1 Ton, Regular Cab, Bed Delete, 4x2, DRW
- o be pair
with Specification No. NV-41-WW ofthis bid)
14
Model Year, Brand Name and Model Number: �)-361
I Ton, Crew Cab, 13ed Baiste Cab &
16.
1
Each
Chassis, 4x4, DRW per Specification No.
1543. (To be paired with Specification No. NV-1543
(f
$ �� `U
of this bid)
Model Year, Brand Name and Model Number:V3
Fell A11► -2-11
Unit
Delivery
ITEM
QTY
of
DESCRIPTION
UNIT PRICE*
EXTENDED
(Days)
(+�-)
Measur
BID
COST
ARO**
e
1 Ton, Crew Cab, Bed Delete, 4x4, DRW
Specification No, NV-44 of this bid)
Model Year, Brand Name and Model Number:
I Ton Cab and Chassis, Crew Cab, 4x4,
1544-
(To be paired with Specification No. NV-44-WS of
this bid)
Model Year, Brand Name and Model Number: -0,o I q 6 n _ W�
t W
1 Ton, Crew -Cab, 4x4, Regular Bed4x4 ,
SRW-LF.
7"7-
Model Year, Brand Name and Model Number: O-O 14 �l r
1 Ton, Crew -Cab, Long Bed, 4x4 Pickup,
TV put Specification No. 35 f5-SkW.M
Model Year, Brand Name and Model Number: DOI�j,K' '' W12
1 vJ�
21.
1
Each
1 Ton, Extended Cab, Bed Delete, 4x2,
SRW per Specification No. 1548
(Tobepaired with Specification No. NV-1548 ofthis
$ a�10
`�J
q
bid)
5'
Model Year, Brand Name and Model Number: ``3
)(
Service Body upon a Y4 Ton, Cab and
22.
Each
NV-41-F. (To be paired with Specification No.
$
1536-2 of this bid)
Model Year, Brand Name and Model Number: 90
2
Each
Flat Bed upon a 1 Ton, Regular Cab,
Delete, 4x4, SRW per specifica' V-41.
$
W
/123.
6�qo
(To be paired with Spcciftcati 1541ofthisbid)
Model Year, Brand and Model Number: do I rf G-,%� 4
Flat Bed upon a 1-Ton, Regular Cab, Bed
Delete, 4x4, SRW per specification NV41.
( o be paired with Specification No. 1541 WP of this
bid)
Model Year, Brand Name and Model Number:
;li S
REVISED
Unit
Delivery
ITEM
QTY
of
DESCRIPTION
UNIT PRICE*
EXTENDED
(Days)
(+/-)
Measur
BID
COST
ARO**
e
Service Body with Crane upon a ITon,
Extended Cab- Bed Delete 4x4 SRW per
specification NV-38-TR (To be paired with
S ification No. 1541-TR of this bid
Model Year, Brand Name and Model Number: C)LO, !/ . �,Qik�
i�--/� r,r
Service Body with Crane upon 1 Ton, Cab
26.
1
Each
and Chassis, Regular Cab , 4x4, DRW per
specification NV-41-WW. (To be paired with
$
o
1 v
Specification No. 1541 -WW of this bi
Model Year, Brand Name and Model Number: 1),014 �-+
Service Body upon a 1 Ton, Crew Cab,
27.
1
Each
-9&Chassis, 4x4, DRW per sBed
specificaticationon NV-1543. (To be paired
SpecificationNo.1543ofthisbid)
Model Year, Brand Name and Model Number:
t
Flatbed upon a I-Ton,YA and Chassis,
28.
1
Each
Crew Cab, 40, DV per specification
NV-44. (To be pair with Specification No. 1544
$ ��� 1D
of this bid
Model Year, Brand Name del Number:
29.
1
Each
tbed upon a 1-Ton, Cab and Chassis,
Crew Cab, 4x4, SRW per specification
NV-44-WS. (To be paired with Specification No.
^
$
$ 0
1544-WS of this bid
t Van
M el Year, Brand Name and Model Number:_JJ<-7)
Service Body with Fliptop upon a 1-Ton,
Extended Cab, Bed Delete, 4x2, SRW per
spec[ lcation . (o be paired with
S ccification No. 1548of this bid
Model Year, Brand Name and Model Number: 0 j`
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **ARO — After Receipt of Order
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or
group of items shown on the bid.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0%, net 17:10 calendar days. Unless
otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within
thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt
payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number
of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract
requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else,
including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on
REVISED
the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not
include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale
to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than
provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the
period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of
Texas, by mutual agreement with the successful bidder, and properly authorized interloeal purchasing agreements as provided for by
the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the
period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political
Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in
this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply'?
Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock
Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains
Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County,
and City:f�olfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible,
but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by
governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that
governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental
entity will order their own
�materials/service
Las needed.
THIS BID IS SUBMITTED BY oiUJAGLrJf /4t Sj rVw a corporation organized under the laws of the State of
r
Is or a partnership consisting of or individual trading as
of the City of CARZ (! 4-r�
Firm: F"rvti ,SfrMt 1�,Lj Address: Iti°3S 3j er
Cit
y: State: T \X Zip 700,(,
Bidder acknowledges receipt of the following addenda:
Addenda No. i Date ✓ I 4-1 Addenda No. Date
Addenda No. _ Date t 2' e, Addenda No. Date
M/WBE Fin-n:l I Woman Black American Native American
Hispanic American Asian Pacific American Other (Specify)
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures,
distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required
under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In
order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current
valid licenses issued by the State of Texas:
I. Name
and Manufacture's License No.
2. Name
and Converter's License No.
3. Name
and Representative's License No.
4. Name
General isting ' - 'ng No.
and Franchise Dealer's License No. F 14 U
(Franchised TX dealer)
By
Date:
Ataho ized l re ntative - it ust sign 6v hand`
Officer Name and 'Title:Please
Print
Print
BusinessTelephone Numb�e9r.�
�7 % ��
:)
FAX:
F-mail Address:_ A(
►�"
� � - ee
" �'�
_
City of Lubbock, TX
Fleet Services
Bid Tabulation
January 9, 2014
ITB 14-11652-DT
Group 4 - Light Duty Trucks
Item Qty U/M Description/Vendor
Location
Unit Cost
Extended
1 3 EA 1/2 Ton, Crew Cab, Short Bed, 4x4 Pickup,
Spec 1525-4
Sam Pack's Five Star Ford
Carrollton, TX
25,485
76,455
Randall Reed's Prestige Ford
Garland, TX
25,700
77,100
Scoggin Dickey Chevrolet Buick, Inc.
Lubbock, TX
28,439
85,317
Gene Messer Chevrolet
Lubbock, TX
28,728
86,184
2 7 EA 1/2 Ton, Extended Cab, Short Bed, 4x2 Pickup, Spec 1526-2
Sam Pack's Five Star Ford
Carrollton, TX
20,862
146,034
Randall Reed's Prestige Ford
Garland, TX
21,000
147,000
Scoggin Dickey Chevrolet Buick, Inc.
Lubbock, TX
24,890
174,230
Gene Messer Chevrolet
Lubbock, TX
25,105
175,735
3 2 EA 1/2 Ton, Extended Cab, Short Bed, 4x4 Pickup, Spec 1526-4
Sam Pack's Five Star Ford
Carrollton, TX
23,179
46,358
Randall Reed's Prestige Ford
Garland, TX
23,500
47,000
Scoggin Dickey Chevrolet Buick, Inc.
Lubbock, TX
27,040
54,080
Gene Messer Chevrolet
Lubbock, TX
27,634
55,268
4 1 EA 3/4 Ton, Extended Cab, Regular Bed, 4x2 Pickup, Spec 1534-2
Sam Pack's Five Star Ford
Carrollton, TX
22,065
22,065
Randall Reed's Prestige Ford
Garland, TX
22,250
22,250
Scoggin Dickey Chevrolet Buick, Inc.
Lubbock, TX
24,410
24,410
Gene Messer Chevrolet
Lubbock, TX
26,240
26,240
5 4 EA 3/4 Ton, Extended Cab, Regular Cab, 4x4 Pickup, Spec 1534-4
Randall Reed's Prestige Ford
Garland, TX
24,450
97,800
Sam Pack's Five Star Ford
Carrollton, TX
24,601
98,404
Scoggin Dickey Chevrolet Buick, Inc.
Lubbock, TX
26,490
105,960
Gene Messer Chevrolet
Lubbock, TX
28,422
113,688
6 1 EA 3/4 Ton, Extended Cab, Regular Bed, 4x4 Diesel, Spec 1534-4-DSL
Sam Pack's Five Star Ford
Carrollton, TX
32,118
32,118
Randall Reed's Prestige Ford
Garland, TX
32,200
32,200
Scoggin Dickey Chevrolet Buick, Inc.
Lubbock, TX
33,339
33,339
Gene Messer Chevrolet
Lubbock, TX
36,759
36,759
7 2 EA 3/4 Ton, Extended Cab, Regular Bed, 4x4 with Liftgate, Spec 1534-4-LG
Sam Pack's Five Star Ford
Carrollton, TX
28,931
57,862
Scoggin Dickey Chevrolet Buick, Inc.
Lubbock, TX
29,185
58,370
Gene Messer Chevrolet
Lubbock, TX
32,927
65,854
Randall Reed's Prestige Ford
Garland, TX
35,700
71,400
8 1 EA 3/4 Ton, Crew Cab, Short Bed, 4x2 Pickup,
Spec 1535-2
Randall Reed's Prestige Ford
Garland, TX
25,300
25,300
Sam Pack's Five Star Ford
Carrollton, TX
25,458
25,458
Gene Messer Chevrolet
Lubbock, TX
28,408
28,408
Q:Pu rch ase/B idDocs/ 14- 11652-DT
City of Lubbock, TX
Fleet Services
Bid Tabulation
January 9, 2014
Item Qty U/M
Description/Vendor Location
Unit Cost
Extended
9 1 EA
3/4 Ton, Cab and Chassis, Regular Cab, 4x2, Spec 1536-2
Sam Pack's Five Star Ford Carrollton, TX
20,468
20,468
Randall Reed's Prestige Ford Garland, TX
20,750
20,750
Gene Messer Chevrolet Lubbock, TX
23,915
23,915
10 2 EA
3/4 Ton, Cab and Chassis, Regular Cab, 4x4, Spec 1536-AS
Sam Pack's Five Star Ford Carrollton, TX
47,000
47,000
11 1 EA
3/4 Ton, Crew Cab, Short Bed, 4x4 Pickup, Spec 1535-FD
Randall Reed's Prestige Ford Garland, TX
26,900
26,900
Sam Pack's Five Star Ford Carrollton, TX
27,863
27,863
Scoggin Dickey Chevrolet Buick, Inc. Lubbock, TX
29,194
29,194
Gene Messer Chevrolet Lubbock, TX
30,235
30,235
12 2 EA
1 Ton, Regular Cab, Bed Delete, 4x4 SRW, Spec 1541
Sam Pack's Five Star Ford Carrollton, TX
24,099
48,198
Randall Reed's Prestige Ford Garland, TX
24,500
49,000
Gene Messer Chevrolet Lubbock, TX
28,082
56,164
13 1 EA
1 Ton, Regular Cab, Bed Delete, 4x4, SRW, Spec 1541-WP
Sam Pack's Five Star Ford Carrollton, TX
24,099
24,099
Randall Reed's Prestige Ford Garland, TX
24,500
24,500
Gene Messer Chevrolet Lubbock, TX
28,411
28,411
14 1 EA
1 Ton, Extended Cab, Bed Delete, 4x4, SRW, Spec 1541-TR
Sam Pack's Five Star Ford Carrollton, TX
24,500
24,500
Randall Reed's Prestige Ford Garland, TX
26,227
26,227
Scoggin Dickey Chevrolet Buick, Inc. Lubbock, TX
28,411
28,411
Gene Messer Chevrolet Lubbock, TX
32,209
32,209
15 1 EA
1Ton, Regular Cab, Bed Delete, 4x2, DRW, Spec 1541-WW
Randall Reed's Prestige Ford Garland, TX
23,300
23,300
Sam Pack's Five Star Ford Carrollton, TX
23,306
23,306
Gene Messer Chevrolet Lubbock, TX
25,927
25,927
16 1 EA
1Ton, Crew Cab, Cab and Chassis, 4x4, DRW, Spec 1543
Sam Pack's Five Star Ford Carrollton, TX
29,704
29,704
Scoggin Dickey Chevrolet Buick, Inc. Lubbock, TX
36,490
36,490
Randall Reed's Prestige Ford Garland, TX
36,500
36,500
Gene Messer Chevrolet Lubbock, TX
37,872
37,872
17 1 EA
1 Ton, Crew Cab, Bed Delete, 4x4, DRW, Spec 1544
Scoggin Dickey Chevrolet Buick, Inc. Lubbock, TX
29,121
NQAS
Randall Reed's Prestige Ford Garland, TX
29,300
29,300
Sam Pack's Five Star Ford Carrollton, TX
29,575
29,575
Gene Messer Chevrolet Lubbock, TX
30,113
30,113
18 1 EA
1 Ton, Cab and Chassis, Crew Cab, 4x4 SRW, Spec 1544-WS
Randall Reed's Prestige Ford Garland, TX
28,800
28,800
Sam Pack's Five Star Ford Carrollton, TX
29,349
29,349
Q:PurchaseBidDccs/14-11652-DT 2
City of Lubbock, TX
Fleet Services
Bid Tabulation
January 9, 2014
Item Qty UIM Descri tionNendor Location Unit Cost Extended
Gene Messer Chevrolet Lubbock, TX 30,275 30,275
19 1 EA 1 Ton, Crew Cab, Regular Bed, 4x4 Pickup, SRW, Spec 3513-SRW-LF
Randall Reed's Prestige Ford Garland, TX 28,400
Sam Pack's Five Star Ford Carrollton, TX 28,837
Gene Messer Chevrolet Lubbock, TX 32,296
20 1 EA 1 Ton, Crew Cab, Long Bed, 4x4 Pickup, SRW, Spec 3513-SRW
Randall Reed's Prestige Ford Garland, TX
Sam Pack's Five Star Ford Carrollton, TX
Gene Messer Chevrolet Lubbock, TX
21 1 EA 1 Ton, Extended Cab, Bed Delete, 4x2 SRW, Spec 1548
Sam Pack's Five Star Ford Carrollton, TX
Gene Messer Chevrolet Lubbock, TX
Randall Reed's Prestige Ford Garland, TX
22 1 EA Service Body, Spec NV-41-F
Formans Pick Up Pals, Inc.
J&B Trailers and Equipment
Sam Pack's Five Star Ford
American Equipment & Trailer
Randall Reed's Prestige Ford
23 2 EA Flat Bed, Spec NV-41
Formans Pick Up Pals, Inc.
J&B Trailers and Equipment
American Equipment & Trailer
Sam Pack's Five Star Ford
Randall Reed's Prestige Ford
24 1 EA Flat Bed, Spec NV-41
Formans Pick Up Pals, Inc.
J&B Trailers and Equipment
American Equipment & Trailer
Sam Pack's Five Star Ford
Randall Reed's Prestige Ford
25 1 EA Service Body with Crane, Spec NV-38-TR
Lubbock, TX
Lubbock, TX
Carrollton, TX
Lubbock, TX
Garland, TX
Lubbock, TX
Lubbock, TX
Lubbock, TX
Carrollton, TX
Garland, TX
Lubbock, TX
Lubbock, TX
Lubbock, TX
Carrollton, TX
Garland, TX
Formans Pick Up Pals, Inc.
Lubbock, TX
J&B Trailers and Equipment
Lubbock, TX
American Equipment & Trailer
Lubbock, TX
Sam Pack's Five Star Ford
Carrollton, TX
Randall Reed's Prestige Ford
Garland, TX
28,400
28,837
32,296
28,980
28,980
29,012
29,012
33,186
33,186
23,570
23,570
27,625
27,625
33,650
33,650
6,144
6,144
6,238
6,238
7,100
7,100
8,163
8,163
9,300
9,300
1,975
2,550
2,974
3,395
4,800
1,975
2,550
2,974
3,395
4,800
1,975
2,550
2,974
3,395
4,800
3,949
5,100
5,948
6,790
9,600
1,975
2,550
2,974
3,395
4,800
1,975
2,550
2,974
3,395
4,800
Q:Purchase/BidDocs/14-11652-DT
City of Lubbock, TX
Fleet Services
Bid Tabulation
January 9, 2014
Item Qty U/M
Description/Vendor
Location
Unit Cost
Extended
26 1 EA
Service Body with Crane, Spec NV-41-WW
Formans Pick Up Pals, Inc.
Lubbock, TX
17,528
17,528
American Equipment & Trailer
Lubbock, TX
19,277
19,277
J&B Trailers and Equipment
Lubbock, TX
19,328
19,328
Sam Pack's Five Star Ford
Carrollton, TX
26,985
26,985
Randall Reed's Prestige Ford
Garland, TX
27,685
27,685
27 1 EA
Service Body, Spec NV-1543
Formans Pick Up Pals, Inc.
Lubbock, TX
6,580
6,580
J&B Trailers and Equipment
Lubbock, TX
6,820
6,820
Sam Pack's Five Star Ford
Carrollton, TX
8,569
8,569
American Equipment & Trailer
Lubbock, TX
9,347
9,347
Randall Reed's Prestige Ford
Garland, TX
9,840
9,840
28 1 EA
Flatbed, Spec NV-44
Formans Pick Up Pals, Inc.
Lubbock, TX
2,145
2,145
J&B Trailers and Equipment
Lubbock, TX
2,581
2,581
American Equipment & Trailer
Lubbock, TX
3,157
3,157
Sam Pack's Five Star Ford
Carrollton, TX
3,640
3,640
Randall Reed's Prestige Ford
Garland, TX
3,840
3,840
29 1 EA
Flatbed, Spec NV-44-WS
Formans Pick Up Pals, Inc.
Lubbock, TX
1,980
1,980
J&B Trailers and Equipment
Lubbock, TX
2,490
2,490
American Equipment & Trailer
Lubbock, TX
3,457
3,457
Sam Pack's Five Star Ford
Carrollton, TX
3,490
3,490
Randall Reed's Prestige Ford
Garland, TX
3,690
3,690
30 1 EA
Service Body, Spec 1548
Formans Pick Up Pals, Inc.
Lubbock, TX
6,579
6,579
J&B Trailers and Equipment
Lubbock, TX
6,773
6,773
Sam Pack's Five Star Ford
Carrollton, TX
7,949
7,949
American Equipment & Trailer
Lubbock, TX
9,538
9,538
Item by Item
Sam Pack's Five Star Ford
Carrollton, TX
$ 647,158
Randall Reed's Prestige Ford
Garland, TX
288,780
Formans Pick Up Pals, Inc.
Lubbock, TX
62,827
NQAS - Not Quoted as Specified
Q:PurchaseB idDocs/ 14-11652-DT