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HomeMy WebLinkAboutResolution - 2005-R0426 - PO - Lubbock Truck Sales Inc.- Cab And Chassis - 09/08/2005Resolution No. 2005-RO426 September 8, 2005 Item 35 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, a Purchase Order for a cab and chassis, by and between the City of Lubbock and Lubbock Truck Sales, Inc. of Lubbock, 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 this 8th day of September, 2005. UGAL, MAYOR ATTEST: ""--,e , 5::�� Re ecca Garza, City Secretary APPROVED AS TO CONTENT: LL-� Obert Robinson, Fleet Services Manager APPROVED AS TO FORM: Jo M. Knight, Assis rant City Attorney gs/ccdocs/PurcOrder-Lubb Trk Sales Inc.res August 29, 2005 CITY OF LUBBOCK rj Page URCHASE ORDER Date Order No Brn/Plt T0: LUBBOCK TRUCK SALES INC 1801 E SLATON HWY LUBBOCK TX 79404 TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK TX. 79457 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79403 BY: - 1 8/29/05 282312 000 OP 3511 ---------------------------------------------------------- v ---------------- -------- Ordered - 08/29/05 Freight - FOB Destination Frt Prepaid Requested 01/16/06 Taken By MARTA ALVAREZ Delivery - ITB# 05-100/MA -------------------------------------------------------------------------------------- Description / Supplier Ite Sterling Model 2006 LT7500 Per Spec 603 Freightliner 2006 M2106 Per Spec 606-WU Sterling 2006 LT7500 Per Spec 608 -SL Sterling 2006 LT7500 Per Spec 608 Sterling 2006 LT7500 Per Spec 608 Ordered UM Unit Cost UM ----------- 3.000 -- EA ----------- 57,951.0000 -- EA 2.000 EA 50,317.0000 EA 11.000 EA 65,379.2727 EA 1.000 EA 64,249.0000 EA 1.000 EA 64,287.0000 EA Extension Req. Dt -------------------- - 173,853.00 01/16/06 100,634.00 01/16/06 719,172.00 01/16/06 64,249.00 01/16/06 64,287.00 01/16/06 This purchase order encumbers funds in the amount of $1,122,195.00, for the purchase of three 46,000 pound truck cab and chassis, per spec #603, two truck28,000 pound cab and chassis, per spec 606-WU, 11, 56,000 pound truck cab and chassis, per spec 608 -SL, two 56,000 pound truck cab and chassis, per spec 608, awarded to Lubbock Truck Sales of Lubbock, Texas on September 8, 2005 in accordance with your response to ITB#05-100-MA, Cab and Chassis, Hydro Units and Service Bodies. 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# 05 -100 -MA. CITY O BOCK rc Mc ou al, Mayor tt"P O T AS TO 7T ATTEST: Rebecca Garza, City Secretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 1,122,195.00 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 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 follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer purchase release number and the supply agreement number if applicable, (c) Container number may return the product for correction or replacement at the Seller's expense. In the event and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container Seller fails to make the appropriate correction within a reasonable time, correction made by bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods Buyer will be at the Seller's expense. shall be suitably packed to secure lowest transportation costs and to conform with 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for requirements of common carriers and any applicable specifications. Buyer's count or weight sale Seller agrees to ascertain whether goods manufactured in accordance with the shall be final and conclusive on shipments not accompanied by 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 byway 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 in no event shall Buyer be 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer liable to Seller for indemnification in the event that Seller is sued on the grounds of until Buyer actually receives and takes possession of the goods at the point or points of infringement of the like. If Seller is of the opinion that an infringement or the like will result, delivery. 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 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the fully comply with all provisions of this contract as to time of delivery, quality and the like. If a production of the goods 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 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before not 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 afterward. 5. INVOICES & PAYMENTS. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase undelivered portion of this order if Seller breaches any of the terms hereof including warranties release after each delivery. Invoices shall indicate the purchase order or purchase release of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of number and the supply agreement number if applicable. Invoices shall be itemized and cancellation is in addition to and not in lieu of any other remedies which Buyer may have in transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the law or equity. freight waybill when applicable, should be attached to the invoice. Mail To: Accounts 14. TERMINATION. The performance of work under this order may be terminated in whole, or m 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 of work hereunder shall be until the above instruments are submitted after delivery. effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to 6. 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 liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts termination becomes effective. Such right or termination is in addition to and not in lieu of the or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, rights of Buyer set forth in Clause 13, herein. to any officer or employee of the City of Lubbock with a view to securing a contract or 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the securing favorable treatment with respect to the awarding or amending, or the making of any fulfillment of any terms of provisions 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 be entitled, in addition to any other of reasonable diligence said party is unable to prevent. rights and remedies, to recover or 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 of any special tooling or special test equipment fabricated or required by Seller for the purpose unless made in conformity with this paragraph. purpose of tilling this order, such special tooling equipment and any process sheets related 17. WAIVER. No claim or right arising out of a 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 or renunciation is the Seller as such. supported by consideration and is in writing signed by the aggrieved party. 8. WARRANTY -PRICE. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids 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 agreement for similar quantities under similar of like agreement and intended also as a complete and exclusive statement of the terms of their conditions and methods of purchase. In the event Seller breaches this warranty, the prices of agreement. Whenever a term defined by the Uniform 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. allemative. Buyer may cancel this contract without liability to Seller for breach or Seller's m actual expense. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. b. The Seller warrants that no person or selling agency has been employed or retained to Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the solicit or secure this contract upon an agreement or understanding for commission, percentage, Uniform Commercial Code as adopted in the State of Texas as effective and in force on the 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 of securing business. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to For breach of vitiation 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 liability and to deduct from the contract price, or assurance of his intent to perform. In the event that a demand is made and no assurance is otherwise recover without liability and to deduct from the contract price, or otherwise recover given within five (5) days, the demanding party may treat this failure as an anticipatory the full amount of such commission, percentage, brokerage or contingent fee. repudiation of the contract. 9. WARRANTY -PRODUCT. Seller shall not 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 of the 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, which may in anywise accrue against the Buyer in the bid invitation, and to the sample(s) furnished 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 or between the specifications, drawings, and descriptions, the specifications shall govem. 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 of attomeys and all costs data (including, 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 combination, as the case may be from the effective date of this Contract. satisfy and discharge the same Seller expressly understands and agrees that any bond required Also, the Seller warrants the year2000 calculations will be recognized and accommodated and by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at indemnify, keep and save harmless and defend the Buyer as herein provided. its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to 22. TIME. It hereby expressly agreed and understood that time is of the essence for the follow in order to comply with all the obligations contained herein. The obligations contained performance this contract, and failure by contract to meet the time specifications of this herein apply to products and services provided by the Seller, its sub -Seller or any third party agreement willll cause Seller to be in default of this 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 limited to, its right pertaining to termination or default. opportunities to submit bids in response to this invitation and will not be discriminated against The warranties contained herein are separate and discrete from any other warranties specified on the grounds of race, color, sex or natural ongin 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. G: PU RCH/ TERMCOND. DOC