HomeMy WebLinkAboutResolution - 2007-R0341 - PO - J&B Trailers & Equipment Inc.- General Utility Bodies - 07_26_2007Resolution No. 2007-RO341
July 26, 2007
Item No. 5.30
RESOLUTION
IBE 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 J&B Trailers &
Equipment, Inc., of Lubbock, Texas, for general utility bodies per BID 07-054-MA,
which Purchase Order Contract and any associated documents are attached hereto as
Exhibit A and made a part hereof for all intents and purposes.
IPassed by the City Council this 26th day of July , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
Rcbe ca Garza, City Secretary
APPROVED AS TO CONTENT:
y C--� ��f
Mark Yearwo
Assistant City Manager/Chief Information Officer
APPROVED AS TO FORM:
ri Vandiver, A orney o ounsel
DDres/)&BlrarlersMconNRes
.July 18. 2007
CITY OF LUBBOCK
TO:
PURCHASE ORDER
J & B TRAILERS & EQUIPMENT INC
BOX 3885
5619 AVE A
LUBBOCK TX 79452
Page 1
Date - 7/18/07
Order No. 313864 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE jf
P.O. BOX 2000 V ��
LUBBOCK, TX 79457 BY:
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Ordered 07/03/07 Freight - FOB Destination Frt Prepaid
Requested - 08/31/07 Taken By MARTA ALVAREZ
Delivery - BID 07-054-MA
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Description / Supplier Ite
----------------------------
Stahl Service Body
SRW 56" CA, Spec NV-769
Ordered UM Unit Cost UM Extension
----------- ------------- --------------
6.000 EA 4,969.0000 EA 29,814.00
Req. Dt
08/31/07
This purchase order encumbers funds in the amount of $29,814 for the purchase of service bodies awarded to J & B Equipment of Lubbock, Texas
on July 26, 2007, in accordance with your response to BID 7-054-MA. 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 07-054-MA. Resolution#
2007-RO341
CITY OF LUB oe
David A. Millfer, Mayor
.ATTEST:
Rebee a Garza, City Secretary
Total Order
------------------------------------------•------------------------------------------
Terms NET 30 29,814.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address, (b) Consignee's Faroe, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Container number
and total number of eontaincrs, e.g. box ] of 4 boxes, and (d) the number of the container
hearing die packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with
requirements of common carriers and any applicable specifications. Buyer's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
goods under reservation and no tender of a 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 not pass to Buyer
until Buyer actually receives and Lakes possession of the goods at the point or points of
delivery,
4. NO REPLACEMENT OF DEFECTIVE TENDER. Everytender of deliveryof goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
tender is made which does not fully conform; this shall constitute a breach and Seller shall not
have the right to substitute a conforming Lender, provided, where the time for performance has
not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then
make a conforming lender within the contract time but not afterward.
5. INVOICES & PAYMENTS.
a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase
release after each delivery, Invoices shall indicate the purchase order or purchase release
number and the supply agreement number if applicable. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the
freight waybill when applicable, should be attached to the invoice. Mail To: Accounts
Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall riot be due
until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts
or otherwise, were offered or given by the Seller, or any agent or representative of the Seller,
to any officer or employee ofthe City of Lubbock with a view to securing a contract or
securing favorable treWttern with respect to the awarding or amending, or the making of any
deterninatiots with respect to the perforating of such a contract. In the event this contract is
canceled by Buyer pursuant to this provision, Buyer WWI be entitled, in addition to any other
rights and rermt ies, to recover or withhold the amount of the cost incurred by Seiler in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hrrcof includes the
cost of any special tooling or special test equipment fabricated or required by Seller for the
purpose 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 shad] be identified by
the Seller as such.
9. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that curtained 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 even Seller breaches this warranty, the prices of
the items shall be reduced to the Seller's current prices on orders by other, or in the
alternative, Buyer may cancel this contract without liability to Seller for breach or Seller's
actual expense.
b. The Seller warrants that no person or selling agency hoe been employed or retained to
solicit or secure this contract upon an agreement or understanding for cotrunission, P—silage,
brokerage, or contingent fee excepting boar fide employees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business.
For breach of viciation of this warranty the Buyer shall have the right in addition to any other
right of rights to cancel this contra[ without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full amount of such commission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit 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 conform to the specification, drawings, and descriptions fisted in
the bid invitation, and to the samples) furnished by the Seller, if any. In the event of a conflict
OF between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithatanding any provisions contained in the contractual agreement, the Seller repreeents
and warrants fault -free performance end fault -free result in the processing date and date related
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and firmware produce delivered and services provided under this Contract,
individually or in combination, as the rase may be from the effective date of this Contract.
Also, the Seller warrants the ycsr2000 calculations will be recognized and sccommodatcd and
will nol, in any way, result in hardware, software or fmtware failure. The City of Lubbock, at
its sole option, may require the Seller, at any time, to dertronshatc the procedures it intends to
follow in order to comply with all the obligations contained herein. The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or any third party
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
herein, may result in the Ch1y of Lubbock availing itself of any of its rights under the law and
under this Conrsttt including, but not limited to, its right pertaining to termination or default.
Thc warranties contained herein are separate and discrete from any other warranties specified
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 append'toxs, its
schedules, its annexes or any document incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety
and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer
may return the product for correction or replacement at the Seller's expense. In the event
Seller fails to make the appropriate correction within a reasonable time, correction madc by
Buyer will be at the Seller's expense.
1 t. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract fox
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any third person
by way of infringement of the like. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claun, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringemem of the like If Seller is ofthe opinion that an infringement or the like will result,
he will notify the Buyer to this effect in writing within two weeks after the signing of this
agreement. If Buyer does riot receive notice and is subsequently held liable for tie
infringement or the like, Seller will save Buyer harmless. If Seller in good faith ammusirls the
production of the goods in accordance with the specifications will result in infringement or the
like, the contract shall be null and void.
12. RIGHT OF INSPECTION. Buyer shall have the right to unapect the goods at delivery before
accepting than.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the
undelivered portion of this order if Seller breaches any of the tents hereof including warranties
of Seller or if the Wier becomes insolvent of cortsrdu acts of bankruptcy. Such 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 performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to
which perfontrance of wok under the order is terminated and the date upon which such
tamtination becomes effective. Such right or termination is in addition to and not in lieu of the
Tights of Buyer set forth in Clause 13, herein.
IS. FORCE MAJEURE. Neither party doll be held responsible for losses, resulting if the
fulfillment of any terms of provisions of this contract is delayed or prevented by any carve not
within the control of the party whom performance is interfaced with, and which by the exercise
of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all
purpose unless made in cottformity with this paragraph,
17, WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole
or in pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration grid is in writing signed by the aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as pan of his bid, is intended by the parties sa a final expression of their
agreement and intended also as it complete and exclusive statement of the terns of their
agreement. Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Cade is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever the term "Uniform Commercial Code" is used, it shall bo oonarued as meaning the
Uniform Commercial Code m adopted in the State of Tcxes as effective: and in fora on the
date of this agreement.
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party's intent to perform be nay demand that the other party give written
assurance ofhis intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
21. INDEMNIFICATION. Seikr shall indemnify, keep and save harmless the Buyer, its agents,
officials and erinrloyees, against all injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, Judgments, coati and expenses, which may in anywise accrue against the Buyer in
mucquence of the granting of this Contract or which rosy anywise result therefrom, whether
or not it shall be alleged or determined that the act was caused through negligence or emission
of the Seller or its employm, or of the subSeller or assignee or its errrployees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs
and Other expenses arising therefrom of incurred in connection therewith, and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses,
satisfy and discharge the same Seliler expreaty uhdertlards and agrees that any bond required
by this contract, or otherwise provided by Seller, shall in tin way limit the responsibility to
indemnify, keep and save hamdeu and defend the Buyer as herein provided.
22. TIME. It is hereby expressly agreed and understood that time is of the essence for the
performance of this contract, and failure by contract to meet the time specifications of this
agreement will cause Seller to be in default of this agreement_
23. MBE. 'Me City of Lubbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this request, minority end women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated against
era the grounds of ruse, color, sex or natural origin in consideration for an award.
Rev.08/2005