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HomeMy WebLinkAboutResolution - 2008-R0444 - Purchase Order For Cab And Chassis - J&B Trailers & Equipment, Inc. - 11/20/2008Resolution No. 2008—RO444 November 20, 2008 Item No. 5.13 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 the purchase of cab and chassis and utility bodies as per bid 08 -089 -MA, by and between the City of Lubbock and J & B Trailers & Equipment, 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 20th ATTEST: Rebec a Garza., City Secretary APPROVED, AS TO CONTENT: Mark Yearw d, Assist nt City Manager Chief formation Officer APPROVED TO ORM: Chad Weaver, Assistant ttorney day of November , 2008. TOM MARTIN, MAYOR vw/ccdocs/Chad/Resolutions/RES-J & B Trailers & Equipment, Inc.-PurchaseOrd November 12, 2008 T0: PURCHASE ORDER J & B TRAILERS & EQUIPMENT INC BOX 3885 5619 AVE A LUBBOCK TX 79452 INVOICE TU: CTCV OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK. TX 79457 SHIP T0: BY: Page - 1 Date - 11/11/08 Order No. - 339231 000 OP Brn/Plt - 3511 CITY OF LUBBOCK AUTO PARTS WAREHOUSE 204 MUNICIPAL DRIVE LUBBOCK TX 79404 c --------------------------------------------------------------------------- Ordered - 11/11/08 Freight - FOB Destination Frt Prepaid Requested - 01/31/09 Taken By - MARTA ALVAREZ Delivery - BID 08 -089 -MA C & C and Utility Bodies .............................................................................. Description / Supplier Ite Easley D/S 84x9 Service Bod Per Spec 2511 Easley DIS 9x96 Flat Bed Per Spec 3511 Stahl Challenger Service Bo Body W/Crane NV -771 -WR Stahl Challenger CST Servic Body 134VVDL 48.5 Spec NV77 Ordered UM Unit Cost UM Extension ----------- ------------- --............ 3.000 EA 2,450.0000 EA 7,350.00 1.000 EA 2,450.0000 EA 2,450.00 1.000 EA 20,787.0000 EA 20,787.00 1.000 EA 21,693.0000 EA 21,693.00 Req. Dt 01/31/09 01/31/09 01/31/09 01/31/09 This purchase order encumbers funds in the amount of $52,280 for the purchase of various service bodies awarded to J & B Trailers & Equipment, Inc. of Lubbock, TX on November 20, 2008 in accordance with your response to BID# 08 -089 -MA, Cab & Chassis and Utility 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 BID# 08 -089 -MA. Resolution# 2008—RO444 CITY OFFLLUBBOCK ,� ATTEST: Tom Martin, Mayor Rebecel Garza, City Secretary to Order Terms NET 30 52,280.00 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 m accordance with good commercial practice. Each shipping container shall be clearly and permanently, marked a1 follows (a) Seller's name and address, (b) Consignee's name. address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of comamers, e.g. box I of 4 boxes, and (d) the number of the container bearing the 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 arty applicable spec[ficafiore. Buyer's countor weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authonzed to ship the goods under reservation and no tender ofa 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 pus to Buyer until Buyer actually receives and lakes possession of the goods at the point or points of r delivery. s 3. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of g6ods (hist fully comply with all provisions of this contract as to time of delivefy,quality and the like. Its tender is made which does riot fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, 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 tender 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. O. Box 2000, Lubbock, Texas 79457. Payment shall not 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 of [he City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event [his contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to arty other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof 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 shall be identified by the Seller as such. 8. WARRANTY -PRICE. a The price to be paid by the Buyer shall be that contained 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 evert Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, 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 has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of boa Tide 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 contract 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 it the option of the Buyer. Seller warrants that the goods furnished wall conform to the specification, drawings, and descriptions listed in the bid invitation, and to the satmplets) fumished by the Seller, if arty. In the event ofa conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result to the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. .Use, the Seller warrants the year20W calculations will he recognized and accommodated and orifi not. in any way, result in hardware.software orfirmware future. 'rhe City of Lubba:k, at ,is :,ole ippon, may require the Seiler, ai arty unit, to dericrostrate the procedures a intends to follow ;n order to comply with all the obligations contained herein. The obligations contained herein apply to products and services pro% ided 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,ibligations contained herein, may result ;n the .0 q of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. i'be warranties contamixi berem are separate and discrete from arry other warranties specified ;n th,s Contract, and are not schlect to any disclaimer of warranty, implied ar expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices. its sdxdules. ;ts annexes or any document incorporated in this Contract by reference to. 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 Occupuiomal Safety and Health Act of 1970. In the event the product does not conform to OSHA standiards, Buyer may return the product for correction or replacement at the Selter's expense. In the event Setter fails to make the appropriate correction within a reasonable tune, correction made by Buyer will be at the Seller's expense. I I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreenxnt well give rise to the rightful claim of arty third person by way of infringement of the like. Buyer makes no warranty that the production of gnats seconding to the specification will not give rise to such a claim, and in no event shaft Buyer he liable to Seller for indemnification in the event that Seller is sued an the grounds of mfringemem of the like- If Seller is of the opinion that an mfringement or the like will result, he will notify the Buyer to this effect in writing within two weeks atter the .xtgning of this agreement. If Buyer does not receive notice and is subsequently held [)able for the infringement or the like, Seller will save Buyer harmless. if Seller m cad faith ascertains the production of the gaols 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 inspect the goads at delivery before accepting them. 13. CANCELLATION. Buyer shat! have the right to cancel fur default all or arty part ,f the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is m addition to and not in lieu of ally 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 orwork hereunder shall he effected by the delivery of the Seller ofa "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is m addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for fosses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause nM within the control of the party whose performance is interfered 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 :cod totally ineffective for all purpose unless made in conformity with this paragraph. 17, WAIVER. No claim or right arising out ofa breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and 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 poet of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Umfarm Commercial Code is used in this agreement, the definition contained in the Cate is to control, 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Cale. Where ever the term "Uniform Commercial Cole" is used, it shall be construed its meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force 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 he may demand that the other party give written assurance of his 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. Seller shall indmnnify, keep and save harmless the Buyer, its agents, otTicrals aid employees, against all injuries, deaths, loss, damages, claim, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence ofthe granting of this Contract or which may au[ywise result there!'rmn, whether or not it shall be alleged or determined that the act was caused through neghgence or omission of the Seller or its employees, or of the subSelter or assignee or d+: employees, if any. and the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses :unsung therefrom of incurred in connection therewith and, if anyjudp;ment shall he rendered against the Buyer in.my such action, the Seller shall, at us uwn experses, satisfy and discharge the same Seller expressly understands and agrees that any bond ral red by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to �ndemr!6,, keep and save harmless and dafe^.d the Buyer z hercm pro•,;ded. TIME. It is hereby expressly agreed and understood that time s of the assence for the performance of this contract, and failure by contract to meet the time speenficahons of this agreement will cause Seller to be in default of thus agreement. 23 MBE. The City ofLubbcck hereby notifies Al bidders that in regard to anv contract entered into pursuant to this request, minority and women business enterprises will he 3111l:rded equal opponumfies to submit bids in response to this invnatin .end will not be discrm, dated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005