HomeMy WebLinkAboutResolution - 2012-R0184 - PO - J&B Trailers And Equipment - Pickups - 05_03_2012Resolution No. 2012—RO184
May 3, 2012
Item No. 5.25
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. 23101477 for the
purchase of one -ton pickups and service bodies per ITB 12-10606-CI, by and between the
City of Lubbock and J & B Trailers and Equipment, Inc., 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 May 3, 2012
TOMMARTIN, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS TO CO
Scott Snider, Assistant City Manager
Community Services
APPROVE AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.J & B Trailers-PurchaseOrd
April 17, 2012
* , , , lubbock
T4tAS
PURCHASE ORDER
TO: J & B TRAILERS & EQUIPMENT INC.
BOX 3885
5619 AVE A
LUBBOCK Texas 79452
Page - I
Date - 04/ 1612012
Order Number 23101477 000 OP
Branch/Plant 231
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
INVOICE TO: CITY OF LUBBOCK
ACCOVNTSPAYABLS
P.O. BOX 2000
LUBBOCK. TX 79457 BY
Ordered 04/16/2012 Freight
Requested 10/23/2012 Taken By
Delivery PER TREVINO_M REQ 39099 PER ITB 12-10606-CI
Description/Supplier Item Ordered Unit Cost UM
Service Body with Crane 1.000 20,594,0000 EA
Spec NV-528
Service Body 1.000 7,635.0000 EA
Spec NV-1543
Terms NET 30 DAYS
C ISAACS
Extension Request Date
20,594.00 10/23/2012
Total Order
7,635.00 10/09/2012
28,229.00
This purchase order encumbers funds in the amount of $28,229.00, for the purchase of vehicles awarded on May 3, 2012 to J
& 13 Trailers and Equipment of Lubbock, Texas in accordance with J & B Trailers and Equipment's response to ITB# 12-
10606-C1. The following is incorporated into and made part of this purchase order by reference: Bid Submitted by your firm
in response to City of Lubbock ITB# 12-10606-CI.
Resolution# 2012—RO184
CITY OF LUBBOCK ARebec
T:
Tom Martin, Mayor Garza, City Secretary
i'ERNTS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LU BBOCK. TM%3
Seller and Bayer agree as follows:
1 SELLER TO PACKAGE HOODS. Seller will package goods in accordance with good
commemod practice. Facts shipping container shall be clearly aced permanently marked as
follows jai Seller's name and address. 1b) Gmsigrnee'a namee, acidness and Purchase order or
purchase release number and she supply agreement number if applicable, (c) Container number
and tool number of container, a it. boa I of 4 boxes.. and (d) the number of the Contaiar
bearing the packing dip. Sells shall bear car of pckging urnless txhew ism pFCMdad. Goosle
,hall be tunably, Packed to section lowest transportation comp and a cntfbM w irh requirements
of common amen and any applicable spcijkrioo . Bayer's count or weighs shall be final
and conclusive an shilimem not aecompssad by posAing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is riot wlloriaed to dip the
goods under mserve on and ro tender d s billof hairy will operate as a tender of goods.
A. TITLE AND RISK OF LOSS. The title and risk of loss of the ponds shell not pass to Buyer
until Buyer actually receives aid taken pomeni as of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tends ofdalivery of goods must
fully comply with all provisions of" contract a to time of delivery. quality and the like. If a
Leider is made whiCit does mle "Cmfaa4 this shall tanOM* a tR= ad Seller shag not
here the risks to substitute a conforming tender. Providad. when the time far pit Im amcy has
not yet expired, the Seller may nowerably nodo Buys of his intention to tea and may than
make a conforming under within de Contract Lima but nit alssamo .
!. INVOICES A PAYMENTS, s. Seller null submit separate imaiees, in doplicw, one each
purchase order or paella release after each delivery. lmolmsa dM kndicas the purchae
order or purchase release mmaher and the supply apoomem numbs If &*Fwhls. Invoices
shall be itemized ad tnrnporutioo chrpt if my, shall be lived seperately. A copy of she
bill of ladlty, said the lergbi waybill when applicable. should be aachad to the invoko. Mail
To: Aca ma Payatsla, City of Lubbock, A O. Btu 20M. Lubbod Team 79437. Payment
shill riot be die mW cis above hamrm mils use suLm'rsd also delivery.
b. GRATUITIES, The Buys rimy. by written notice to the Senor, croal this comae without
liability to Sept if iL is dmarmi ad by ityar that gra4dtim is the two deorninm at gib
or mMrwla, wam offend or gives by the Sells, or cry agate or reprimand" of the Seller to
my oflcs orompkryaa of the City of Lubbock with a view to a wirl"I a eons. a securing
favorable treatment with respect to the awarding or mending, or she making of ,try
deermMnauions wilt mtspect to the perf xish of such a corracr. In the event this contract is
canoeled by Buys possum to dais Provision, Buyer shag be auiled. is addition a say other
rights and nearsdlts, to recover or withhold the aswusit of the Cots incurred by Seller he
providing such Smadden.
7. SPECIAL TOOLS A TEST EQUIPMENT. If the price arced m de inn bemeof Includes the
coo of cry special wolfing or special tea equipment fabekwd or repair" by Seller for the
purpose of filling this order such special tooling equipment and airy process shows related
ilnemasa steal became tho popsty of the Brayer and a der extare feasible shall be idenifiad by
the Seller a such.
g. WARRANTY -PRICE.
e. Thar price to be poM by the Buyer shall be that combed is Seller's bid which Seiler
warrants to be an higher dent 9ells's ramose peucar an sedan by others for products of the
kind and speeificedoa owned by this opmnmm for similar quantities ceder similar of like
cmmdhiom and modmoi of prtetmaa lo the diem Seller branches this wnmmply. tha pritro of
the items that be reduce" to der StRar's current price on oidvs by cabers. a in the
Alternative, Bye any cancel this comma without liability to Seller for I , or Sellers
actual expesss. Is. The Wise warann that no porn at mili g agency has base employed or
massed o salich a mctsr ids commm up m m swm.mr ortmdentaidky for com mirkms,
mcenags, brokerage. or contingent the aaceytiy hats file employee of boa fi"s
nu6lialed evmnrmcid tar safihy agermcia malmainsd by the Seller for the purpose of security
business. For I of vicinities of this wommy The Buyer shell have the right in addition to
any other rids of rights to caned thin contract without liability and be debut lam the contract
pricer or otherwise recover without liability and to dsba s bee die tarmmet pelts, or massty
roomer the till assom of snmh eammimio4 petomga, brokerage or comment lim.
9. WARRANTY -PRODUCT. Seller shall not limit or acluds ay implied wsssrsiw and any
attempt to do so deg rarism this contract voidable a the option of de Buyer. Seller wmrramns
that de podo famished will conform a de specification drawings, and descriptions limed is
the bid Invitedioe. And to the mePlols► lreisholl by the Seller, if my. In der wote of a conflict
at baweau &a spsilemions, drawings, sal description, the specifications shill game.
Notwhhvaedbg nay provialas command In the I I dual ngreemant, de Sege represents
and a-- hult•laa pitfwmertp and faun -flee reoult in de Peaasiy date snd date related
data (inshidfng. ties no linshod to calcudrig, Compari g and segtelcieW of all hardware,
sulwar and fimuwam prodom deRread and servita provided under this Canuaet
individually or In combination, in de can may be hum the effective dmtr of date Co mmL
The uhlipwon cmtahud herein apply to products yd services provided by the Seller, its sub -
Seller or cry third perry imolwd in de creation or devetopmer of der products and services n
be delivered to der City of Lubbock under thin Ce ntraR Fukam to comply with my of der
obhjgatioaa coHair sel Mein, any m mik In the City of Lubbock wsikng itself of any edits
no" under der law and under, this ctstnct iaclaa fe but ma limited w. its rids pertaining an
termination or deAulL The wamnlia contained Mein we seprree rid dhaft f" my
other warranties spocifM" in thin Contract sad arc not subject a my dlatYniar, of warranty.
implied or expeeee, or IkOWka of M Seller's liability which may be V1Cillsd is Ihle
Continual, is appendices, its schedulm. Its snwnes or my docune . incorporated in this
Consul by grow
10. SAFETY WARRANTY. Seller warrants that de product whl to the Buyer shall cmfmas to
tW rwderds premadgsed by the U. S. Deperome t of Labor order the Occupational Way and
I kakk Act of 1970. in der veer the pnodnel does not conform a OSIIA standards, Buyer may
meure the l radar for Conviction or replacement at the Seiler's npenm is. the even Seller
roils to make the apprapime corrections within a reaamable the, cunechon made by Buyer
0I0 beat the SWIK'o gap""
It. 140 WARRANTY BY BLYER AGAINST INFRINGEMENTS. As pert of this contractfor
ale Sells AVM ts aaeetai whedner Anti mamtlsctur" in mccitdrne With do
ysxdkooi en attached n thin sgroasros will give rigs to de ridand Claim of my Chid parent
by wry of infringemns of the like. Buyer makes no warranty that the production of Rude
according to the specification will not give rise to such a claim, and in no event shall Buyer he
liable to Seller far irdenrdficxiaa in the non that Seller is sued on the pounds of
inhinganment of the lice. If Seller a of the opinion that a inR+naemeu or the like will MrAk
he will no N the Buyer to this effect in writhy within two weeks after the signing of this
ASmemem. If Buyer does nit receive notice and is subsequently held liable far the
mfringemitv or the like, Seller will save Buys harmless If Sells in goad faith acemams the
production of the goods is accordance with the specificauae will result in tnhingsmael or the
like, the contract shop be null and void
12. RIGFIT OF INSPECTION. Buyer dull lure ds ride to maps s the goods at delivery before
A cceging Tbem,
13, CANCELLATION. Buyer ship have de right to cancel for defmlt all or cry Pat of the
unadiveed portion of this order if Scller breathe, any othhe arms hereof including wassandes
of Sillier or If the Seger becomes insolvent or amnia seta of bmkrtpsey. Such right of
canCellaat is im additive to aid not in list of cry other nmediea which Buys tray have im
law or equity.
14. f ERMINA noN. the pefnmulamn of work under this order may be tamLeeed in whole, or in
tan by the Buyer in accandorm with this provieiaa. Temeation of week hereunder sholi be
effected by the delivery of rite Seller of a "Notice of Ttemiadae" tpecifyiy the extent to
which performance of work under the order Is terminated and the doe upon which such
termhmim becomes effective. Such rigbi or iermmiraim is in addition to and not in lieu of ile
rights of Buys an forth in Claws 13. hereie.
13. FORCE MAIIiURE. Neither poly shall be held responsible for looses resulting if ill
fulfillment of any tens of provisions of ibis Contract is delayed or pevcwAd by my cats not
widtim der control of the parry whore penfbem m In hm fnrd with and wlicb by der ommise
of mesoeble tdilpnce said party Is tenable to peeve
K ASSIGNMENT -DELEGATION. No right or intense in this contract shall be migead or
delegation of my oblipaim made by Seder without the wripon permission of the Buyer. Any
attempted assignment or dolapdon by Seger shall he wholly Paid and foully ineffective for all
purpose uslor made in conformity with this payrapb.
17. WAIVER No claim or rigits arising oa of s bmsck of this comae cm ba dWdwsad io whole
or in part by a waive or renunciation of the claim or right unlea the waiver or ranurwimi as is
supported by comide stfon aid is in writing aigrsd by the sggrkred patty.
Ifs. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bldo mod
p provided by &+Ye In Is advanhrmaat in bid& as l any caber du ummo
pavidd by Selbs in part of We hid is imaded by the patios as a fits) asgrewimt of their
agreement and intended oleo a a conglep mid exclusive statement of the tens of their
agreemet. Wherever a tam defins l by the Uniform Commaclel Cade Is used let this
agreement, the definition contained in "Code Is to caned.
i9. APPLICABLE LAW. This agreement shall he governed by the Uniforse Commercial Code.
White aver der are "Uniform Commercial Cods" is uitd it shag be command an meaning the
Uniform Coemmorcial Cale in doped in the Stan of Tema a ehTieive end is face on the
don of this agFeeo sal.
20. RIGHT TO ASSURANCE. Whenever ail party to 1Ms contract in good faith her rest as to
question the ohs parry's Intent to poolm he may demand thus the other party give wriuon
amurancs of Ida intent to ps&ad In the event the a demo d Is meds and no oaaeatce Is
gives within five 15) daye. the demanding party may no this Uihre in an anticipatory
rcpuudlealms of the contract,
21. INDEMNIFICATION. Seller shall indemnify. keep and save hrmdsm ohs Buyer. is apmas,
officals and employ aoa &gabs[ d inji r daalha, loot, dsmages claim, passim clakes, miss,
[isbil" judsmoms, was ad ampnurr whick any is aywfss stoma spin the Buyer In
conaliquoicss of the grateing of ibis Co am or which may mywim meats thereoarm, whether
or rim it dnit be diagod or determined that lbs. act win caused through tngRgsares or arairaim
of the Sager or its empioyam, or of de subSelor or "gm or its asupbyeaa, if my. snd the
Seler obsl, at his own exprse, appear, defend itd pray all climes of uses my s and so Cam
od oM espaaa rising thitahara of iscuin ie eonnodloa thewriolls, mnd, if siry judgiowit
dull ba to ides against der Buyer in cry such wdmn, the Seiler shop, at its own expeeow
uomfy and diockrga the smn Seller apron* understands and sgraw thus cry bond reatdsd
by thin Carara, or allmvin provided by Seller, shall is no way [link the responsibility in
inclamad a keep and seve Isa and defend this Myer in lereia Provided.
22. TIME. to is hereby expeasly agree/ and uidusnood dm time is of the essence for the
Perfarmsete of thin comsat sod faame by tenant to mere the due 9wificadmr of iris
agranamt WIN Cacao Seller to be in ddf&A of Thh Agrnenesm,
23. MOIL Tin Cky of Lubbock hereby tetiflm all bidders. thus le regard o ay aomraat emeed
into pusumA to this regmst miodsy and svamaa burshnn enterprises will be affgded eWM
appesunitiu to submit bids in respo es to this invilatim and will not be discriminated spi st
on mks grooado of mans, color, not or moment tmrigie is coaalderatim he an sward.
24. NON -ARBITRATION. The City m me, the right o exercise arts right or rensndy walable a
it by law. arum, equity, a otlerwim, ineldiy wihwa 1tsnilatists mhs right to reek my"
all Irma of maiW is a caul of composuss jurisdiction. Further. the City dW not be subject to
aye adnirstim process prior a exaeisimg Ns trnremicted rids a meek judleW rentsdy. The
to ado on forth !teals we cumulative mod to tacluel", and may, be exaehssA connmerrrly.
To cake mtata of nay canRlea between dale peorim mi and smober pmuisiam ilk or mimed sot thin
datums, this prevision del conreaL
21 NOW TO AUDIT. At any lhan doing de term of the Contract, or dissimilar. the Chill or a
duly authorized audit rmpnenantrW of the City or the Same of Tem as its expeo a And at
reasonable herN, rearm the right a mdb Camratkel monde and books min Are in all
swim p mvidad to ill C'dy wide dmh Cmmnt la the event sorb a auidt hl ass ch> rccs rah
any Bread or s,Mespayraeu by the City. Coamctat abet relord the C'isy abe full usu.un of
am* oveipsyaeoa within thirty ISO) days of each mils Bmdmga, or der t'dyr, a as nPtun-
tessera tar rigbi o do" sub aaats awity der Cfey lam My POVw LIWCamrwkr.
Rov. 02 2012