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HomeMy WebLinkAboutResolution - 2009-R0135 - PO - Roberts Truck Center - Two Axle Truck Chassis - 04/09/2009Resolution No. 2009—RO135 April 9, 2009 Item No. 5.34 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order Contract No. 345058 for the purchase of two axle truck chassis pursuant to Bid 09 -028 -FO, by and between the City of Lubbock and Roberts Truck Center of Lubbock, Texas, and related documents. Said Purchase Order Contract. No. 345058 is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of April , 2009. TOM MARTIN, MAYOR ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONTENT: Mark ea d, As s1stant City Manager Chief Information Officer APPROVW AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs/Chad(Resolutions/RES.Roberts Truck Center-PurehaseOrd March 25, 2009 TO: Y t � fl U R C H A S E ORDER ROBERTS TRUCK CENTER 4510 AVENUE A PO BOX 3890 shad 445-1514 LUBBOCK TX 79452 3890 Page - 1 Date - 3/25/09 Order No. - 345058 000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 204 MUNICIPAL DRIVE LUBBOCK TX 79404 INNUIC:E lU: U11 V Ut LU1 B0UK ACCOUNTS PAYABLE P.O. BOXT VU -� LUBBOCK,, 7'a 79457 BY: ---------------------------------------------- ---- Ordered 03/25/09 Freight FOB Destination Frt Prepai Requested 04/09/09 Taken By - FELIX ORTA Delivery - PER T. GUZMAN REQ# 32026 ITB# 09 -028 -FO Description / Supplier Ite Ordered UM Unit Cost UM Extension ---------------------------- ----------- -- ----------- TWO AXLE EXTENDED CAB TRUCK 1.000 EA 62,839.2100 EA 62,839.21 CHASSIS FOR POTHOLE PATCHER SPEC# 964 -ST EXTENDED WARRANTY INCLUDED TWO AXLE CHASSIS WITH A 4DR 3.000 EA 90,738.5000 EA 272,215.50 CREW CAB & 6YD DUMP BODY SPEC# 606ST & SPEC# 722 -PS EXTENDED WARRANTY INCLUDED Req. Dt 09/09/09 09/09/09 This purchase order encumbers funds in the amount of $335,054.71, for the purchase of Two Axle Truck Chassis awarded on April 9, 2009, to Roberts Truck Center, of Lubbock, Texas, in accordance with Roberts Truck Center response to ITB#09-028-FO. 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 ITB# 09- 028 -FO. Resolution# 2009—RO135 CITY OF LUBBOCK J Tom Martin, Mayor ATTEST: Rebe a Garza, City Secretary Total Order -------------------------------------- ---------------------------------------------- Terms NET 10 EOM 335,054.71 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SF 1.1.1 R 1-0 P KA(A- Cil n 1DS. Seller will package goods in acowdancc x ith good commercial practice. Each shipping Container shall be clearly and permanently marked as follows (al Seller's name and address, 1 hl Camsignee's nate. address and purchase order or purchase release number and the supply agreemcmt number il'applicable. Et) C'ontamer number and total number of container, e.g. box I o1'4 boxes, and 1dl the number of the container tearing the packing slip. Seller shall bear cost of packagmg unless .otherwise provide& Goods shall be suitably packed no secure lowest transponanort costs and to cont tin with requirements of common carriers and any applicable specifications. Buyer's count or weight shall he final and conclusive on shipments not accompanned by packing lists. 2. SHIPMENT t NDER RESERVATION PROHIBITLD. Seller is not authorized to ship the ge,ods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. T1Tl.F AND RISK OF LOSS. The title and risk of loss of the goods shall Tont pass to Buyer until Buyer actually receives and takes possession ofthe goods at the point or points of delivery. 4. NO RFPL.ACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods trust MAY comply withal] provisions of this contract as to tine of delivery. quality and the like. Ira tender is nude which does not fully nnfionn. this shall constitute a breach and Seller shall not have the right to suhstnute a conlionning tender, provided. where the time lr perfinnance 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. Seiler Shall suhmit scliamte invoices. to duplicate. one each purchase order or purchase release after each delivery, Invoice% shall indicate the purchase oder or purchase release number and the suppt% atrecincnt number if applicable. invoices shall he itemired and transportation charges. it' any. ~hall he listed separately. A ropy ofthe hill of lading, and the freight waybill when applicable. should be attached to the invoice, Mail To: Accounts Payable. City of Lubbock, P. O. Box 20(K), Lubbock. 1'exas 79457. Payment shall not be due until the above instruments are submitted after delivery. d. GRATUITIES. The Buyer tray, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities. in the forte of emertamment. gilts 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 snaking 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 EQt'IPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller fix the purpocr 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 identitied by the Seller as such. R. 1VARRANT Y-PRIC'F. a. rhe price to be paid by the Buyer shall be thatr:ottatrcd 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 Tot' 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. h. The.Seller wan -ants that no person or selling agency has; been employed or retained to solicit or secure Ih is contract upon an agreement or understanding Gtr commtssitn, percentage, brokerage, or contingent ter excepting Mina fide employees of bona fide established commercial inn selling agencies maintained by the Seller for the purpose of securing business, Fir breach of vitiation of this warranty the Buyer shall have the right to addition to any tither right of rights to cancel this contract without liability and to deduct frim the contract price, or otherwise recover without liability and to deduLt from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT, %wiler shall not Ionil 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 confirm to the specification. drawings, and descriptions listed in the bid invitation, and to the sample) s) famished by the Seller. if any. In the event of a conflict or between the specifications. draw trip. and descriptions, the specifications shall govern. Norwithstandmg any provisions contained in the contractual agreement. the Seller represents and warrants fault -five performance and fault -free result in the processing date and date related data (mcludng. but not limited to calculating, comparing and sequencing) of all hardware. software and firmware products delivered and services provided under this Contract. mdrvtdualty or in .combination. as the case may he from the efTecnve date of this Contract. Also. the Seller warrants the yeaT2000 calculations will be recognized and accommodated and will nor. in any way. result in hardware. sollwaae or fsrmwaue Iaduic. T iic Cii-v ,rLubtx')ck.. at its sole option. nay require the Seller. at any "'rich to demonstrate the procedures it intends to follow in order to comply w all the ohligatio contained herein. The obligations contained herein apply Io pnxlucts and xrviccs provided by the Seller. its ;uh-Seller or any% third party iuvolved m the creature or development of the products and scrviccs to he delivered to the ('try 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 ns rights under the law and under this Contract including, but not limited to. its right pertaining to termination or default, fhe warranties contained herein are ,eparaic and discrete from any other warranties specified in this Contract. and are not subject to any disclaimer of warranty, implied or expressed or limitation critic Seller's liability which may W specified in this Contract, its appendiccs. its ,chedules,. its annexes or any document incorporated in this Contract by reference. 10. S.%FETY 1%, kM i,\ I'1'. Seller warrants that the product scold it, the Buyer shall ccm Conn to the standards promulgated by the C . S. Department of Labor under the Occupational Safety and Health Act of Ie170. In the event the product does not confer inn OSH,\ standards. Buser may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate c rre icon within a reasonable title. correction made by Buyer will beat the Seller's expense. 11. NO 4% MAN r)' BY Bt YFR AGAINST INFRINGEMENTS. As part of this contract 1:r sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this alreemenl will give rise to the rightful claun ofam third penal by way of infringement of the like. Buyer makes no warrant that the production of gdv,ds according to the specification will not give rise to such a claim. and to 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 infrinEement or the like will resull. he will notfw the Buyer it, this effect in writing within two weeks after the sigriing oT This agreement. If Buyer does not receive notice and is subsequently held liable for the hif'nngemem or the like. Seller will save Buyer hannlcss. If Seller in good I'amth ascertains ilio production of the goods in accordance with the specifications will result in infringement or the like, the contract shall he null and void. 12. RIGHT OF INSPFC" rdON. Buyer shall have the right to inspect the goods at delivery bertrc accepting them. 13. CANCELLATION. Buyer shall have the right to cancel fixdelauit all or any part of the undelivered portion of this order if Seller breaches any ofthe terms hereof including warranties of Seller or iFthe Seller becomes insolvent on commils acts of hankruptcy. Such right of cancellation is to addition to turd not in lieu of any other remedies.. which Buyer may have in law or equity. 14. TERMINATION, The performance ofwork under this order may be terminated in whole. or in pan by the Buyer in accordance with this provision, rennination of work hereunder shall be effected by the delivery of fhe Seller of a "Notice ofTennination" spckarymg the extent to which wurniance of work under the ander is terminated and the date upon wh ich such termination becomes effective. Such right or lennmation is in addition to and not in lieu of the rights of Buyer ser forth in Clause 13, herein. 15. FORCE MAJEURE. Neither parry shall be held responsible for losses, resulting if the fulfillment ofany terms of provisions of this contract is delayed or prevented by any cause nor 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. lir. ASSIGNMENT-DELL•GATION. No right or interest in this contraot shall be assigned ur delegation of anv obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller.chall b, wholly void and totally ineffective for all purpose unless trade in conformity with This paragraph. i. %A11'ER. 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 ser right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE, This writing, plus any specifications for bids and performance provided by Buyer in to advertisement lir bids, and any tither doicurttents provided by Seller as part oofhu bid is intended by the parties as a final expression of their agrcenrent and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Vnifnnn Commercial Code is used in this agreement. the definition contained in the Code is to control. IQ. APPLICABLE LAW. This agreement shall be governed by (he Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used. it shall be construed as ineaning the I-niform Commercial Code as adopted in the State of Texas as effective and in farce on the date of this agmecmerL ^n. 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 wrincn assurance of lits intent to perform. In the event that a demand is made and no assurancc is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 11. INDF1dNIFICATiON. Seller shall indemnify, keep and save harmless the Buyer, its agents. officials and employees, against all injuries. deaths, loss. damages, claims. patent claims. ,unto, liabilities, judgments, costs and expenses. which may in anywtse accrue against the Buyer in consequence of the "ling 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 employers. if any. and the Seller shall, at his own expense, appear, defend and pay all charges of attnmey, snit all costs and other expenses arising therefrom of meurred an connection therewith, and, if am (judgment shall be rendered against the Buyer in any such action. the Seller shall. at its own expersses. 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 Inuit the resptnsihility to Indemnify. keep and save harmless .it defend the Buyei a� herein provided. 22. TIME. It is hereby expressly meed and understood that time is of the essence for the performance of this contract. and failure by .contract to meek the time spe ifications of f io, agreement will cause Seller to be at default of rhos akreetent. 23. .MBE. The City of Lubbock hereby notifies all hidden that in regard in 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 no he discriminated against un the gn•unds of race. color. ,ex or natural origin in considerarnn for an award. Rev. 08/2M5