HomeMy WebLinkAboutResolution - 2008-R0050 - PO - Roll Offs America - Roll Off Containers - 02_14_2008Resolution No. 2008-R0050
February 14, 2008
Item No. 5.15
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 Roll Offs
America/USA of Durant, Oklahoma, for purchase of roll off containers per ITB #08-013-
MA, which Contract and any associated documents are attached hereto as Exhibit A and
made a part hereof for all intents and purposes.
Passed by the City Council this 14thday of February , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
Reb .cca Garza, City Secrei.a
7V"E,Z61) AS i'O C / !' e
Jam Loomis
stant City Manager/Director of Transportation
APPROVED AS TKO FORM:
Don Vandiver, ttome f nse�
Y oCou
D Dres/ Rol10I t'sCon08Res
January 31, 2008
t Y
PURCHASE
TO:
ROLL OFFS OF AMERICA/USA
PO BOX 727
DURANT OK 74702
CITY OF LUBBOCK
Page
O R D E R Date
Order No
Brn/Plt
SHIP TO:
CITY OF LUBBOCK
STREET DEPARTMENT
202 MUNICIPAL DR
LUBBOCK TX 79403
_ 1
1/30/08
324661 000 OP
3511
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
BY: 1
��
---------------------------------------------------------------------------
Ordered 01/30/08 Freight FOB Destination Frt Prepaid
Requested 03/14/08 Taken By - VALDEZ, ANGELA D
Delivery - BID# 08-013-MA ROLL OFF CONTAINTERS
Description / Supplier Ite
30 Cubic Yard Roll Off
Containers
Ordered UM Unit Cost UM Extension
6.000 EA 4,688.0000 EA 28,128.00
Req. Dt
03/14/08
This purchase order encumbers funds in the amount of $28,128, for the purchase of six — 30 Cubic Yard Roil -Off Containers,
awarded to Roll -Offs, USA, Inc of Durant, Oklahoma on February 14, 2008, in accordance with your response to BID 08-013-MA,
Roll -Off Containers. 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 BID 08-013-MA. Resolution# 2008—R0050
CITY OF LUBBO ATTEST:
David A. Miller, Mayor Rebec Garza, City Secretary
Total Order
----------------------------------------------------
Terms NET 30 28,128.00
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 w ith good
commercial practice. Each shipping container shall be clearly and Permanently muted as
follows (a) Seller's rune and address, (b) Consignee's name, address and purchase order or
purchase rekau number and the supply agteement number if applicable, (c) Container number
and total number of coatomes. e.g. box l of 4 boxes, and (d) the number of the container
bearing the Packing sl p. Seller shall bear coat of packaging unless otherwise Provided Goods
shall be suitably packed to same lowest hamportation costs and to conform with
requirements of commons carriers and any applicable specifications. Buyer's count or weight
shall be fad and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seiler is not authorized to ship the
goods under reservation and no leader of s 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 net pass to Buyer
until Buyer actually receives and takes poaseniea of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goads must
fully comply with all provisions of this contract as to time of delivery, quality and the like. Its
tender is made which does not fully conform. this shall constitute a breach and Seller shall not
have the right to substitute a oamfori nuxg tender, prxwded, where the time for performance has
not yet expired the Seller may reasonably notify Buys of his intention in nee and may than
make a eonfonrung lender widtm die contract time but not afterward
i. INVOICES d PAYMENTS.
a Seiler shall submit separate invoice, in duplicate, one each purchase order or purchase
relsame after each delivery. Invoices stall bulicam the purchase order or purchase release
number sad the supplyagredmM number if applicable. Invowa skull bar demsacd and
transportation charves, if ray, And be listed tepararely. A copy of the bill of ladng, and the
f}eism waybill when applicable, should be a to the invoice. Mail To: Accohmh
Psyabk. City of Lubbock, P. O. Box 20M Lubbock Texas 79457. Payment shall not be due
until the above instruments we submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, caned this cmaanx without
liability to Seller if it is determined by Buyer that gratuities, in the farm of emertmuru it, gifts
or otherwise, were offered or given by the Seger, or may ageol or representative of the Scller,
to my ofh= or employee of the City of Lubbock with a view to sawing a contract or
securing favorable treatment with respect to the awarding or seneeding, orthe making of my
dEte mmaNeaa with respect to the performing of such a contract. In the even dale contract is
canceled by Buyer pursuant to this Provision, Buyer shill be entitled, in additiot to my other
rights said remedies, to recover or withhold the amount of the cost incurred by Seller m
providing such gratuities.
7. SPECIAL. TOOLS h TEST EQUiPhfENT. If the pine stated on tine face hereof includes the
teat of my special tooling or special teat equipment fabricated or required by Seller for the
pnpose of filling this order, such special tooling equpment and my process sheets related
thereto shag become the property of the Buyer and to the extent feasible shill be identified by
the Seller as sorb.
8. WARRANTY -PRICE.
a The price to be paid by the Buyer shall be that contained in Seller's bid which Sella
wartan. to be ono bigkef than Seller's cruseat pmews om osdt2 by odiers far products of the
kind and specification covered by this agreemen for similar quantities under s®ila of tilde
conditions and methods of purcbme. In the event Seller lxeaches this warranty, the prices of
the items stall be reduced to the Seller's current pica ou orders by others, or m the
alternative. Buyer may cancel this cwttvct without liability to Seller farbreacb cr Sell f's
actual ems.
b. The Seller warrmis that to pawn or selling agency has been employed or retained to
solicit or secure this couttact upam an agreement or isdartmdmis for commission. pacmtage,
brokerage. or comingtmt far esceptmg basin fade employees of bona fide eauibliahe d
commercial or selling agencies maintained by the Seller for she propose of securing business.
Forpreach of vitiation of this warranty the Buyer shall have the right in addition to my other
right of rights to castel this contract without liabiliqr and to deduct from the coeauct pam or
odmwm recover without liability and to deduct lemur the Conover price, or otherwise recover
the &H amount of such commisa m, Percentage, brokerage or comingem fee.
9. WARRANTY -PRODUCT. Seiler shall net limit or exclude my implied warranties and any
attempt In do so shall rra I this contract voidable at the option of the Buyer. Seller warrsnte
that the goods fkmaled will conform to the specifcatioo, thnwings, and descriptions listed m
the bid invitation, and to the sample(s) furnished by the Seller. if my. In the event of a conflict
or between the specifications, drawings, and daaiphons. the specifiratiom shall gmnsn.
Notwittoaodmg my provisions comtamed in the contractual agreement, the Seller represents
and was. fsult-free performance and fault -Gee result in the processing date and doe mLvtrd
data (including. but not limited to calculating, compar mg i d sequencing) of all hardware,
software and firmware Products delivered and aervices provided under tbis Cono t,
individually or in combination, as the case may be from the effective date of this Contreca.
Also, the Seller warrants the yem2000 calculation will be mired and aecommodued and
will nth, in my way, result in hrdwre. software or firmware failure. The City of Lubbock, at
its sole option. may require the Seller, at my time, to demonstrate the procedures 4 intends to
follow In order to comply with all the obligations contained harem. The obligations contained
herein apply In Products mod services provided by the Seller, its nib -Seller or nay third party
involved in the crcmon or development of the products aid services to be delivered to the City
of Lubbock under this Contract. Failure to comply with soy of the obligations contained
herein, may result in the City of Lubbock availing itself of my of its rights mailer the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
The wrrmries contained herein am separate and discrete from any other wrrmties specified
in this Contract, aid are not subject to any disclaimer of wrramty, implied or expressed, m
limitation of the Seller's liability which may be specified in this Contract, its appendices, its
schedules, its anncxes or any document incorporated in this Contract by reference.
to. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer stall conform to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety
and Health Act of 1970, to the event the product dons not conform to OSHA standards, Buyer
may return the product for correction or tcplacerneat at the Seller's expense. In the evem
Seller faiLt to make the appropriate correction within a reasonable time, correction made by
Buyer will be at the Seller's expense.
I L NO WARRANTY BY BUYER AGAINST INFRINGEMEYTS. As part of this contract for
sale Seiler agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of my third person
by wry of infringemen of the like. Buyer makes no warranty that the probation 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 eved that Seller is wed on the grounds of
infringement of the like. if Seller is of the opinion the an infringement or the like will result,
be will notify the Buyer to this effect is writing within two weeks alter the signing of"
agreement. If Buyer does net receive notice sod is subsepuemly held liable for the
infringemrmt or the lake Sellerwillcave Buys immles If Seller in good faith aacertains the
production of the goads in accordance with the specifications will result in infringement or the
like. the contract shall be mull and Yard.
12, RIGHT OF INSPECTION. Buyer shall have the right to inspect the goads at delivery before
acXCP13ng them.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any pat of the
undelivered portion of this order if Seller breaches soy of the terms hereof including warranties
of Seller or of the Seller becesoes insolvent or commsts am of bankruptcy. Sshtth 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 pmbrmmce of work under this order may be terminated is whole, or m
pat by the Buyer in accordance with this provision. Termination of wart hereunder shall be
effected by the delivery of the Seller of a "Notice of Termmnoiea" specifying the extent to
which performance of wont under the order to terminated and the dose upon which such
termins im becomes cfkctive. Such right or termination is is addition to and not to lieu of the
rights of Buyer ad forth in Clam 13. herein.
15. FORCE MAJEURE. Neither party shall be held res panarble far losses, resulting if the
filfrllment of any terms of provisions of this comtrnct is delayed or prevented by my came not
within the c of ntrol of the party whose perfmnance is interfered with, sad which by the exercise
of reasonable diligence said party is unable to prevent
16. ASSIGNMENT -DELEGATION. No right or' - 'in this comiract shall be assigned or
dekgatim of nay obligation made by Sella wit art the writnn pamtiwm of the Buyer. Any
arehrpted aauga usent or delegation by Seller shall be wholly void and toW1y mmffacdve For all
purpose unless made in owfo mitt' with this paragraph
IT WAIVER. No claim or right wWn out of a breach of this contract can be discharged in whole
or in pad by a waiver or renawitlim of the claim or right wales the waiver or reamcnuricai is
supported by ma derNioo and is m writing signed by the aggrieved party.
18. iNTF,RPRETATiON-PAROLE EVIDENCE. This writing, Phis say specificintions for bids sad
peritrmauce peoviled by Buyer in its advertisement for bids, and my after docmmmta
provided by Seller as port of his bid. is intended by the parties as a final expression of their
sgrnement and mtaaded also as a complete and c itchssive statement of the terms of their
agreement. Whenever a to defined by the Uniform Commercial Code is used in this
apmmeat, the defsuico contained in the Code is to coned.
19. APPLICABLE LAW. This ag<eement shall be governed by the Uniform Commercial Code.
Where ever the tam "Uniform Commercial Code" ii used, it shall be construed an meanmg the
Uniform Commercial Code ere adopted is the State of Texas s effective and in fax on the
doe of this agreement
20. RIGHT TO ASSURANCE. Whearwone party to this contract in good faith has reason to
question the other parry's stand to perform he may demand rho the other party give written
assurance of his infant to im fix In the event the a demand is made and to aaarance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repdiaboe oftee cmhact
21. INDEMNIFICATION. Sella shall indemnify, keep and save harmless the Buyer, its agents,
officials and employeesagainst all miumim deaths pass, damages, claims, Patent cInims, suits,
liabilities, judgments, coos and expenses, which may in mywise eccrvm against the Buyer is
consequence of the granting of this Contract or which may mywisc result tneref tan, whether
or not it shall be alleged or ddermured that We not was awed though negligence or omission
of the Seller or its employees, or of the nub.Seller or assigom or is employees, if any, and the
Seller shell, at his own expense, appear, defend and pry all charges of attorneys and All costs
and other cxpmws rasing therefrom of incurred in connection therewith, and if any Judgment
shall be rendered against the Buyer in sty such action, the Seller shall. at its own expenses,
satisfy and discharge die same Seller expressly understands and agrees thus any bond required
by this contract, or otherwise provided by Seiler, shall in no way limit the mesponstbitity to
indemnify, keep and save harmless and defend the Buyer as herein provided
22. TiME. It is hereby expressly agreed and understcwd ono time is of the essence for die
performance of this contact, and failure by contract to meet the tirne specifications of this
agreement will cause Sella 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 entapnes will be atarded equal
opportunities to submit bids in response to this invitation and will ant be discriminated against
on the grounds of race, color, sex or neural origin in consideration for an award
Rev. 08/2005