HomeMy WebLinkAboutResolution - 2009-R0149 - PO - Lubbock Truck Sales Inc.- Paver Asphalt Trailer - 04/09/2009Resolution No. 2009-80149
April 9, 2009
Item No. 6.3
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 a Purchase Order Contract and any associated documents with Lubbock Truck
Sales, Inc., of Lubbock, Texas, for purchase of a paver asphalt trailer per bid 09 -029 -FO,
which Purchase Order Contract is attached hereto as Exhibit A and made a part hereof for
all intents and purposes.
Passed by the City Council this 9th day of April , 2009.
TOM MARTIN, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED .AS TO CONTENT:
Mar Yea od,
Assistant City Manager/Chief Information Officer
APPROVED AS -TO FORM:
D Vandiver, City Attorney
DDres/LubbockTrucksalesMcon09Res
April 16, 2009
T0:
R C H A S E ORDER
LUBBOCK TRUCK SALES INC
1801 E SLATON HWY
LUBBOCK TX 79404
INVOICE TO: CITU OF LUBBOCK
ACCOUNTS PAIABLE
P.O. BO\, 2000
LUBBOCK. TX 79457
SHIP T0:
BY:
Page 1
Date 4/15/09
Order No. - 345063 000 OP
Brn/Plt - 3511
CITY OF LUBBOCK
FLEET SERVICES
204 MUNICIPAL DRIVE
LUBBOCK TX 79404
O- - - p id ----
Ordered - 03/25/09 Freight FOB Destination Frt Pre
--.-_--- --- --- ----
Requested - 04/09/09 Taken By - FELIX ORTA
Delivery - PER T. GUZMAN REQ# 32026 ITB# 09 -029 -FO
Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt
--------------------------------------- ------------- -- -------
50 TON LOWBOY HEAVY EQUIP. 1.000 EA 54,363.0000 EA 54,363.00 07/10/09
TRAILER SPEC# T -25 -PS
This purchase order encumbers funds in the amount of $54,363, for the purchase of 50 Ton Lowboy Paver Trailer
awarded on April 9, 2009, to Lubbock Truck Sales Incorporated, of Lubbock, Texas, in accordance with Lubbock.
Truck Sales Incorporated, of Lubbock, Texas response to ITB#09-029-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 -029 -FO. Resolution# 2009-RO149
CITY OF LUBBOCK
. ,_
Tom Martin, Mayor
ATTEST:
Rebe a Garza, City Secrgairy
Total Order
----------------------------------------------------------
Terms NET 30 54,363.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Sailer and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with goad
10.
SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
commercial practice. Each shipping container shall be clearly and permanently marked as
the standards promulgated by the U. S. Department of Labor under the Occupational Safety and
follows (a) Seller's name and address. I b) Consignee's name, address and purchase order or
Health Act of 1970. In the event the product does not conform to OSHA standards. Buyer may
purchase release number and the supply agreement number tf applicable, tcl Container number
return the product For correction or replacement at the Seller's expense. In the event Seller
and total number of containers, e.g- box I ofd boxes, and (d) the number of the container
fails to make the appropriate correction within a reasonable time, correction made by Buyer
bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Cmods
will be at the Seller's expense.
shall be suitably packed to secure lowest transportation costs and to conform with requirements
I I
NO WARRANTY BY BUYER AGAINST INFRINGEMENTS- As pan of this contract for
of common carriers and any applicable speerficahorts, Buyer's count on weight shall be final
sate Seller agrees to ascertain whether goods manufactured in accordance with the
and conclusive on shipments not accompaniedby packing lists
specifications attached to this agreement will give rise to the rightful claim of any third person
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
by way of infringement of the like. Buyer makes no warranty that the production of goods
goods under reservation and no lender of a bill of lading will operate as a tender of goods.
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 surd on the grounds of
3. TITLE AND RISK OF LOSS. The title and risk of loss ofthe goods shall not pass to Buyer
Infringement of the like. If Seller is of the opinion that an infringement or the like will result,
until Buyer actually receives and takes possession of the goods at the point or points of
he will notify the Buyer to this effect in writing within two weeks after the signing. orthis
delivery..
agreement. If Buyer does not receive notice and is subsequently held liable for the
4, NO REPLACEMENT OF DEFECTIVE TENDER. Evety tender of deirvery nfgoedc mut
iruringement ,it the like. Seller will save Buyer harmless. If Seller m annd F,utih ,taaitui ns the
fully comply wilt all provisions of this contract as to time of delivery, qual try and the like. If a
production of the goads in accordance with the specifications will result in Infringement or the
tender is made which does not fully conform, this shall constitute a breach and Seller shall not
like, the contract shall be null and void.
have the right to substitute a conforming tender, provided. where the time for performance has
1.
RIGHT OF INSPECTION, Buyer shall have the right to compact the goods at delivery before
net yet expired the Seller may reasonably notify Buyer of his intention to cure and may then
accepting them.
make a conforming tender within the contract time but not. atlerurard.
13.
CANCELLATION. Buyer Shall have the right lis cancel for default all or any part of the
5. INVOICES & PAYMENTS.
ENTS.separate
undelivered portion of this order if Seller breaches any of the terms hereof including warranties
a, Seller shall submit invoices, in duplicate, one each purchase order or purchase
of Seller a if the Seller becomes insolvent commas acts of bankruptcy. Such right of
release alter each delivery, Invoices shall Indicate the purchase order m purchase release
v
cancellation is in addition to and not in lieu ot--cony other remedies which Buyer nay have in
lie o
number and the supply agreement number if applicable. Invoices shall be itemized and
law or equity.
transportation charges, i f any, shall be lusted separately. A copy of the bill of lading. and the
freight waybill when applicable, should be attached to the invoice. Mail To Accounts
14
TERMINATION. The performance of work under this order maybe terminated in whole, min
Payable, City of Lubbock, P. O. Box 2000, Lubbock- Texas 79457_ Payment shall not be due
part by the Buyer in accordance with this provision. Termination orwurk hereunder shall he
until the above instruments are submitted after delivery
effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to
& GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
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
liability to Seller ifit is determined by Buyer that gratuities, in the fame orenteutamment, gifts
rights of Buycr set forth in Clause 13, herein.
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
15.
FORCE MAJEURE. Neither party shall be held responsible for losses, resulting ifthe
favorable treatment with respect to the awarding or amending, or the making of any
fulfillment army terms of provistom of this contract is delayed or prevented by any cause not
determinations with respect to the performing of such a contract. In the event this contract is
within the control of the party whose performance is interfered with, and which by the exercise
canceled by Buyer pursuant to this provision, Buyer shall he entitled, in addition to any other
of reasonable diligence said party is unable to prevent.
rights and remedies, to recover a withhold the amount of the cost incurred by Seller in
16.
ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
providing such gratuities
delegation of any obligation made by Seller without the written permission of the Buyer. Any
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the
attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all
cost army special tooling or special test equipment fabricated or required by Seller for the
purpose unless made in conformity with this paragraph,
purpose of filling this order, such special toolmg equipment and any process sheets related
17.
WAIVER- No claim or right arising out ora breach of this contract can be discharged in whole
thereto shall become the property of the Buyer and to the extent feasible shall be identified by
or in part by a waiver or renunciation of the claim or right unless the waiver m renunciation is
the Seller as suchr
supported by consideration and is in writing signed by the aggrieved party,
8. WARRANTY -PRICE.
18.
INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications forbids and
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller
Performance provided by Buyer in its advertisement for bids, and any other documents
warrants to be no higher than Seller's current process on orders by others for products of the
provided by Seller as part of his bid, is intended by the parties as a final expression of their
kind and specification covered by this agreeroent for similar quantities under similar of like
agreementand intended also as a complete and exclusive statement of the tents of their
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of
agreement Whenever a term defined by the UmFonn Commercial Code is used in this
the items shall be reduced to the Seller's current prices on orders by others, or in the
agreement, the definition contained in the Code is to control.
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
19
APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Cede .
actual expense .
h. The Seger warrants that no person or selling agency has been employed or retained to solicit
Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the
commission, percentage.
or secure this contract upon an agreement or unnterstanding for co
Uniform Commercial Code as adopted m the Stale of Texas as effective and in face an She
brokerage. or contingent fee excepting bona fide employees of bona fide established
date of this agreement.
commercial or selling agencies maintained by the Seller for the purpose ofsecurrig business.
70.
RIGHT TO ASSURANCE. Whenever one party to this contract in gond faith has reason to
For breach of viciaison of this warranty the Buyer shall have the right in addition to any other
question the other party's intent to perform he may demand that the other party give written
right of rights to cancel this contract without Iiabi Iity and to deduct from the contract price, or
assurance of his intent to perform. In the event that a demand is matte and no assurance is
otherwise recover without tiabibh and to deduct From the contract price, or otherwise recover
given within. five (5) days, the demanding party may treat this failure as an anticip:ttoty
the full amount of such commission, percentage. brokerage or contingent fee.
repudiation of the contract.
9 WARRANTY -PRODUCT. Seller shall nes limit or exclude any implied warranties and any
21.
INDEMNIFICATION, Seller shall Indemnify, keep and save harmless the Buyer, its agents,
attempt to do so shall render this contract voidable at the option orihe Buyer. Seller warrants
officials and employees- against all injuries, deaths, loss, damages, claims, patent claims, suits,
that the goods furnished will conform to the specification, drawings, and descriptions listed in
liabilities, judgments, costs and expenses, whichmay in anywise accrue against the Buyer to
the bid invitation, and to the sample(s) famished by the Seller, if any In the event of a conflict
consequence of the granting of this Contract or which may anywise result therefrom, whether
ar between the specifications, drawings, and descriptions, the specifications shall govern
or not it shall be alleged or determined that the act was caused through negligence or omission
Notwithstanding any provisions contained in the contractual agreement, the Seller represents
of the Seller or Its employees, or of the subSeller or assignee or its employees, if any. and the
and warrants fault -free performance and Fault -Free result in the processing date and date related
Seller shall, at his own expense, appear, defend and pay all charges ofattorneys and all costs
data Uncludmg, but not limited to calculating, comparing and sequencing) of all hardware,
and other expenses arising therefrom of incurred in connection therewith, and, if any judgment
software and firmware products delivered and services provided under this Contract,
shall be rendered against the Buyer in any such action. the Seller shall, at its own expenses.
individually or in combs nation, as the case may be from the effective date of this Contract
satisfy and discharge the same Seller expressly understands and agrees that any bund required
,Also, the Sri ler warrants the year2000 calcidations will be recognized and accommodated and
by this contract, or otherwise provided by Seller, shall in no way limit the responsnblllty to
will not, in anyway, result in hardware, settware or firmware failure. The City of Lubbock, at
mdemnury, keep and save harmless and defend the Buyer as herein provided..
its sole option, may require the Seiler, at any time, to demonstrate the procedures it intends to
22.
TIME. It is hereby expressly agreed and understood that time is of She essence for the
follow in order to comply with all the obligations contained herein. The obligations contained
performance of this contract, and failure by contract to meet the time specifications of this
herein apply to products and services provided by the Seiler, its sab-Seller or any third party
agreement will cause Seller to be in defauii of thus agreement
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
23.
MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered
herein. may result in the City of Lubbock availing itself of any of its rights under the law and
into pursuant to this request, minority and women business enterprises will be afforded equal
under this Contract including, but not imated to, its right pertaining to termination or default.
opportunities to submit bids in response to this nnvitanon and will not be discriminated against
The warranties contained herein are separate and discrete frarr any other warranties specified
on the grounds of race, cola, sex or natural origin in consideration for an award.
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.
Rev. 0812005