Loading...
HomeMy WebLinkAboutResolution - 2022-R0019 - PO 31062874 with Freightliner of AustinResolution No. 2022-R0019 Item No. 7.29 January 11, 2022 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 and on behalf of the City of Lubbock, Purchase Order No. 31062874 in accordance with TI Contract 200206 for the purchase of a Freightliner 108SD chassis, by and between the City Lubbock and Freightliner of Austin of Austin, TX and related documents. Said Purchase On is attached hereto and incorporated in this resolution as if fully set forth herein and shall included in the minutes of the City Council. Passed by the City Council on January 11, 2022 DANIEL M. POPE, MAYOR ATTEST: 0 " )r Rebec a Garza, City Secrelb APPROVED AS TO CONTENT: Erik Rejino, A t tant City r APPROVED AS TO FORM: 01IiLeisukeAssisAtan4tXCity Attorney ccdocs/RES.PurchaseOrd 31062874 Freightliner — TIPS 200206 11.04.21 AIA Lubbock TEXAS PURCHASE ORDER TO: FREIGHTLINER OF AUSTIN 1701 SMITH RD AUSTIN TX 78721 Page - Date - Order Number Branch/Plant 1 01/4/2021 31062874 000 OP 3526 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICETO: CITYOFLUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvare Director of Purchasing &Contract Management Ordered I1/4/2021 Freight Requested 11/22/2022 Taken By K MORGAN Delivery N DODSON REQ 58609 TIPS CONTRACT 200206/PUR 16261 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Freightliner 108SD Chassis 3.000 104,320.2000 EA 312,960.60 11/22/2022 w/ Option Terms NET 30 312,960.60 This purchase order encumbers funds in the amount of $312,960.60 awarded to Freightliner of Austin, Austin, TX, on January 11 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated December 29, 2021, from Freightliner of Austin, Austin, TX, and TIPS Contract 200206. Resolution # 2022-R0019 CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: Reb c Garza, ity Secretary Rev. 9/2021 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX 1. 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 name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 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 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 takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of 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 Seiler 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. S e I l e r 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 the 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 this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any 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. S. 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 sintilar quantities under similar of like conditions and methods of purchase. In the event 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 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 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 at the option of the Buyer. Seller warrants that the goods fumished will conform to the specification, drawings, and descriptions listed in the bid imitation, and to the sample(s) fumished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govem. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and 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 products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. 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 City 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. The 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 appendices, 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 Seiler s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. 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 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 claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signingof this agreement If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains 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. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seiler becomes insolvent or commits 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. IS.TERMINATION. The performance of work under this order may be temrinated 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 performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16, FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. 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 conformity with this paragraph. 18 WAIVER. No claim or right arising out of a 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 parry. 19 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 part 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 terns of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the temm "Uniform Commercial Code' is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. 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. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys 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 Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. 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. 24 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 enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City. Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or due City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assignor sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: hnm//wwnv ci Lubbock tx us/departmental-websites/departments/purchasinU vendor -information 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terns and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terns and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terns shall be of no force or effect. 31. TEXAS GOVERNMENT CODE, CHAPTER 2252. The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran. Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department, 32. TEXAS GOVERNMENT CODE, CHAPTER 2270 This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100.000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 33. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be temrinated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J. Chapter 552, Government Code applies to this agreement, Pursuant to Section 552.301(c) of the Texas Government Code. the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request. Please send this request to this email address for it to be processed: orr(ebnivlubbock.us. REV. 9/2021 FREIGHTLINER OF AUSTIN PURCHASING NAME [elk �].yS933�Z�P.i LULi MUNILAICAL UKIVE 1701 Smith Rd. (Hwy. 183 So.) Bus: 512-389,0000 Austin, Texas 78721 FAX: 512-389-2663 Wars: 1-800-395-2005 LU b biJUfl IIA 12-29-2021 2023 FREIGHTLINER 108SD Y ORDER A documentary fee is not an official fee, a documentary fee Is not required by law but may be charged to buyers for handling documents and performing services relating to the the closing of a sale. Buyers may avoid payment of the fee to the seller by handling the documents and performing the services relatingto the closing of the sale. A documentary fee may not exceed $50.00. This notice is required by law. MILEAGE: CHASSIS SELLINU PHIGE 1 b,1UtJ.b0 El cobro documental no as un cobro oficial. El cobro documental no as un requisite bajo la ley, pi Be le puede cobrar. At comprador por at rendimiento de los servicios relacionados con IS completacion de IS venta y por completar los documentos. EI comprador puede evitar el pago at vendedor de Este costo si all comprador mismo Be encarga de mandejar los documentos y de los servicios necesarios pare IS completaclon de la venta. El cobro documental no puede sobrepasar los $50.00 (U.S.) Este aviso as requendo bajo la ley. —re —IM—e—r OPTION CONTENT $ 26,313.70 FREIGHTLINER YEAR MODEL 2023 SURCHARGE $ 2,900.00 TOTAL $ 104,320.20 X(3) $ 312,960.00 Disc o arran les Any warranties on the products sold hereby are those made by the factory. The Seller, Freightliner of Austin, hereby expressly disclaims all warranties, either expressed or implied Including any implied warranty of merchantability or fitness for a particular purpose, and Freightliner of Austin, neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this vehicle. CUSTOMER SIGNATURE SALESMAN SIGNATURE KEVIN KRIEG CUNI HAW UAL mSVLwVxe STATEMENT FOR USED VEHICLE ONLY. -The IMOr OMM you see On ale windawform for this vehicle is pare Of this Comment Inform aeon m the window to= bverriads any apmrary provisions in the contract of sale. - YEAR MAKE MODEIL/BODY VIN UCENI PICkTE TOTAL 312,960.00 PAYOFF TO: Trade Allowance N/A ADDRESS: Trading Difference N/A TELEPHONE: / FAX: Sales Tax N/A GOOD UNTIL: Vehicle Inventory Tax N/A QUOTED BY: License Fee N/A SHOW LIEN TO: Body Type: Documentary Fee N/A ADDRESS: License Wt.: Federal Excise Tax N/A State Irl TOTAL SALE PRICE 312,960.60 DATED: LIEN AMOUNT $ License: Payoff on Trade DRAFT FOR $ Title: Ex[. Service Agreement DRAFT THRU: Transfer: Less Deposit ADDRESS: Total Balance Due Full dreclmure repuhM by federal reguallon-r,The cbnmmer Protection Act and The Teras Consume, China It Con, well be made pharrn mnmmmabon or A codit sui Tliswcman com, comprises the entire agree ant punaining m Ime Purchase and no other agreement Many kind, verbal undemanding or promise whats«ver..ii be re cognized. It m ecprnslr agreed that the Conceptual acquires no right, one or Interest in or WmA property, which heagreas towrchase hereunder until such progeny vacationed tobiMnerand either no full price is paid in Such oremberate" deferred payment agreement Is ex cotM %)tile patlier neither the terms of enicb shall th mwfter to therallin& and a clear title is Nm.hed todealer M the used cars or trvcNs Involved, If M. THIS IS NOT CONDIDONAL SALES WMHACT.. BUT IS BUYERS ORDER. All new vehicles urrythe standard rectory warranty. It is understood there Is no guarantee on the above described newer used vehicle .be, the, approrc an the Buyer%Order. Mileage. Rated vehicle medal ev nob guaranteed and is verbal agreement by hie Salesman will had be corepered binding on the seller. Its agreed that neither Frelgre finer ofAustn nor the manufacturer will be CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2021-822738 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freightliner of Austin Austin, TX United States Date Filed: 11./11/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 111/15/2021 City of Orange Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. TIPS 200206 Palfinger M100L72 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling intermediary Hempel, Carlton Austin, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) "rms proviueu oy i exas tmics c:ommission www.etnics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2021-822738 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freightliner of Austin Austin, TX United States Date Filed: 11I1112021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Orange Date Acknowledged: 3 Provide the identification number used by the governments] entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. TIPS 200206 Palfinger MlOOL72 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hempel, Carlton Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION and my date of birth is My name is! Z4__ r jy�+�✓�r� n�y/J Ir My address is / % G 1 /<, f — \-"STrN /C (street) (city) (state) (zip code) (=unity) I declare under penalty of perjury that the foregoing is true and correct. Executed in County. State of on the 1 day of `101) , 20 (month) (year) nature of auth zed agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc