HomeMy WebLinkAboutResolution - 2022-R0072 - PO 31064169 with Bee Equipment Sales 2.8.22Resolution No. 2022-R0072
Item No. 7.14
February 8, 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 for
and on behalf of the City of Lubbock, Purchase Order No. 31064169 in accordance with HGAC
Contract SM20-10 for the purchase of a SM20401ADIT 24V split drum vibratory roller, by and
between the City of Lubbock and Bee Equipment Sales, Ltd. 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 on February 8, 2022
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Se eta
APPROVED AS TO CONTENT:
vx,�
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
Ili Leisure"Assistan Attorney
ccdocslRES.PurchaseOrd 31064169 roller HGAC SM20-10
1.27.22
A. 'i
City of
VLubbo&k
TEXAS
PURCHASE ORDER
BEE EQUIPMENT SALES LTD
TO: 2506 SLATON HWY
LUBBOCK TX 79404
Page - I
Date - 1/26/2022
Order Number 31064169 000 OP
Branch/Plant 3526
CITY OF LUBBOCK
SHIP TO: FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 4BY:
Marta A arez, Director of Purchasing & Contract Management
Ordered 1/24/2022 Freight
Requested 2/23/2022 Delivery Taken By
Per N Dodson Req 58348
PUR 16378/HGAC Contract SM20-10
Description/Supplier Item
Ordered
Unit Cost
UM
SM2040IADIT 24V Split Drum
1.000
55,370.0000
EA
Freight
1.000
2,500.0000
EA
Tow Package
1.000
8,000.0000
EA
PDI
1.000
200.0000
EA
HEIT Tax
1.000
125.5300
EA
Terms NET 30
R PENA
Extension Request Date
55,370.00
2/23/2022
2,500.00
2/23/2022
8,000.00
2/23/2022
200.00
2/23/2022
125.53
2/23/2022
Total Order
66,195.53
This purchase order encumbers funds in the amount of $66,195.53 awarded to Bee Equipment Sales LTD of Lubbock,
TX, on February 8th , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated
January 17, 2022, from Bee Equipment Sales LTD of Lubbock, TX, and HGAC Contract SM20-10.
Resolution # 2022-R0072
CITY OF L CK ATTEST:
CITY — o &" '�� --
Daniel M. Pope, Mayor Rebec a Garza, City Secreta
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 shopping container shall be clearly and permanently marked as follows (a) Seller's name and address.
(b) Consignees name, address and purchase order or purchase release number and the supply agreement number
of applicable, (c) Container number and total number of containers. e.g. box 1 of 4 boxes. and (d) the number
of the wnlamer bearing the packing slop 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
corners and an) applicable spechftcalhons Buyer's cowl or weight shall be final and conclusive on shipments
not accompanied be 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 lender of goods
3 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer
actualll recen es and takes possession of the goods at the point or points of delivery.
4 NO REPLACEMENT OF DEFECTIVE TENDER Every tender of deliver• of goods mist full) comph
with all provisions of this contract as to lime of deliver, quality and the like If a tender is nude which does
not 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 Net expired, the Seller may reasonabl) notify Buser
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 I er shall submit separate lint rites, in duplicate, one each purchase
order or purchase release alter each deli, cry Invoices shall indicate the purchase order or purchase release
number and the supply agreement number if applicable Invoices shall be itemized and uansponatum 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 Ciii 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 entenarnmem, girls or otherwise. were offered
or given by the Seller or m) agent or representative of the Seller, to an) 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 nuking of any detemunations with respect to the performing of such a contract In the event
this contract is canceled Ill Buyer pursuant to this provision. Bmer shall be entitled, in addition to any other
rights and remedies. 10 recover or withhold the amount of the cost incurred b% Seller in provhdingsuch 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 Ill the Seller as such
R. 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 curent process on orders by others for products of the kind
and specification covered by this agreement for similar quantities under suuet r of like conditions and methods
of purchase. In the event Seller breaches this waram), the prices of the items shall be reduced to the
Seller's current prices on orders by others, or In the alternative- Buver may cancel tills contract without
liability to Seller for breach or Sellers actual expeme It. The Seller warrants that no person or selling agent,
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 b) the Seller for the purpose of securing business For breach of
vitiation of this warranty the Buyer shall ha,e the right in addition to coy other right of rights to cancel this
contract without liability and to deduct from the contract price, or otherwise recover without habilm and to
deduct from the contract price or otherwise recover the full amount of such conumsshon. percentage. brokerage
or contingent fee
9. WARRANTY -PRODUCT Seller shall not limn or exclude my implied waranties and my attempt to do
so shall render this contract %oidable or the option of the Buyer Seller warrants that the goods furnished will
conform to the specification drawings. and descriptions listed in the bid in, elation. and to the sample(s) furnished
by the Seller. If my In the event of a conflict or between the specifications, drawings, and descriptions. the
specifications shall gmem Notwithstanding my pro%hshons contained in die contractual agreement, the Seller
represents and „arrmis fault -free performance and fault -free result in the processing date and dale 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, Indn idually or in combination, as the cue may
be from the effective dale of this Contract The obligations contained herein apple to products and sew ices
provided be the Seller. its sub- Seller or any thud pane 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 my of the
obligations contained herein, may result In The City of Lubbock availing itself of my 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 waranues specified In this Contract.
and are not subject to my disclaimer of warmly, implied or expressed, or hnutation of The Seller's habhhl)
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 lite product sold to the Buyer shall confomh to the standards
promulgated by the U S. Department of Labor under the Occupational Safey and Health Act of 1970. In the
event the product does not conform 10 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 lime, 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 whither goods manufactured in accordance with the specifications attached to this agreement
will give rise to the rightful claim of my third person by way of infringement of the like Brier make no
warmty 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 Inderunificauon in the event that Seller is sued on the grounds of
infringement of the like IT 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 signing of this agreenienl 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 po)menl by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the ev ent of nonappropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract the Ciq will
terminate the contract, without termination charge or other liability, on the last day of the then-curient fiscal
year or when the appropriation made for the then -current )ear for the goods or sen ices cm ered by this contract
is spent. ithiche%ei event occurs fall If at any it me 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 gh%e
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 ha%e the right to inspect the goods at dell, ery before accepting
them
14 CANCELLATION Buyer shall have the right to cancel for default all or my part of the undelivered
portion of this order If Seller brunches an) of the lemr; hereof including warranues of Seller or if the Seller
becomes insolvent or commits acts of bmkmpicv Such right of cancellation is in addition to and not in
lieu of my other remedies which Buyer may hate In law or equity
15 TERMINATION The performance of work under this order maybe tentunaled in whole, or in pan by the
Buyer m accordance with this provision Temunation of work hereunder shall be effected by the deh%ery
of the Seller of a Notice of Termination" specifivng the extent to which performance of work under the
order is terminated and the date upon which such termination becomes effective Such light or termmnation is
in addition to and not in lieu of the rights of But. set forth In Clause 14, herein
16 FORCE MAJEURE. Neither pang shall be held responsible for losses. resulting tithe fulfillment
of any terms of provsions of this contract is delayed or prevented by any cause nor within the control of the
parry whose performance is interfered with, and which by the exercise of reasonable diligence surd parts its
unable to present
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 Buver Any attempted assignment or
delegation by Sellershall be %%holly void and totally ineffective for all purpose unless made m conformmy with
this paragraph
18 WAIVER No claim or right arising out of a breach of this contract can be dacharged In whole or In part
by a waiver or renunciation of the claim or right unless the wailer or renunciation is supported lit
consideration and is in writing signed by The aggrieved pan)
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 prow Ided by
Seller its 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 temu of their agreement Whenever a tenth defined b) 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 b) the Uniform Commercial Code Wheree%er
the term 'Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texan as effective and In force on the date of the agreement
21 RIGHT TO ASSURANCE. Whenever one pony to this contract in good forth has reason to question
the other parl)'s intent to perform he ntav demand that the other party gn a wnuen 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 indemnik, keep and save hamdess the Buyer. its agents officials and
employees, against all injuries, deaths, loss, damages, claims. patent claims, suits liaboblies, Judgments costs
and expenses, which may in anywise accrue against the Rover in consequence of the granting of this Contract
or which mar me vise result therefrom, whether or not it shall be alleged or determined Ural 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 pa) all charges of allome)s
and all costs and other expenses arising therefrom of incurred in connection therewith, and, rf any judgment
shall be rendered against the Byer in anv such action, the Seller shall, at its own expenses, satisfy and
discharge the same Seller expressly understands cod agrees that any bond required by this contract, or
otherwise provided b) 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 expressy agreed and underslood that time is of the essence for the performance of
this contract, and failure b) 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 cos contract entered into
pursuant to this request. munonly and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discnmrnated against on llle grounds of race. color
sex or natural origin In consideration for an award.
25 NON -ARBITRATION The City reserves die right to exercise any iglu or remedv to it by laws, contract
equity, or othenase, including without limitation. the right to seek m) and all forms of relief in a corm of
competent Jurisdiction Further, the Cy shall not be subject to my arbitration process prior to exercising
its unresincled right to seek judicial remedy. The remedies set forth herein are cumulati%e and not exclusive,
and may be exercised concuffent) To the extent of any connicl between this provision and mother provision
in, or related to, this document, this provision shall control.
26 RIGHT TO AUDIT At m) lime during the term of the contract, or thereafter, the Cil%% or a dui
authorized audit representm,e of the Cit) or the State of Texas. at its expense and at reasonable times
reserves the right to audit Conlractoes records and books relevant to all senates provided to the City under
this Contract In the event such an audit by the City reveals an) errors or melpaymenis by the Ciq.
Contractor shall refund the Cil) the full amount ofsuch overpayments within thim (30) days of such
audit findings, or the City. at its option. reserves the right to deduct such amounts owing the City from an%
pavments due Contractor
27 ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assign or sublet the contract
or any portion of die contract. without written cement from the Director of Purchasing and Contract
Management Should consent be green, the Contractor shall insure the Subcontractor or S11211 provide proof on
insurance from the Subcontractor that complies w nh all contract Insurance requirements.
29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES House Bill 1295. adopted b, the 84th
Legislature, created §2252 908. Texas Government Code Section 2252.908 requires a business enter, entering
into certain contracts with a governmental entity or state agency to file with the gm,emmental emnw or state
agency a disclosure of interested parties at the time the business entity submits the signed contract to the
gmemmental entity or state agency Instructions for completing Form 1295 are available at
huo./AvI .ci.I ubbock.m:. usPoeranmental-webs ites/deimmen W ourchasmdcendor-information
30 CONTRACTOR ACKNOWLEDGES, be supplying my 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 my terns and
conditions provided by the Contractor unless agreed upon In writing by the parties In die event of conflict
between these terms and conditions and my terms and conditions provided by the Contractor, tire terns and
condition provided herein shall prey all The terms and conditions provided herein are the final terms agreed
upon by the parties. and an) prior conflicting terns shall be of no force or effect
31 TEXAS GOVERNMENT CODE, CHAPTER 2252 The mdersigned representative of the undersigned
compmy or business, being an adult a%er the age of eighteen (18) rears of age. pursuant to Texas Gov eminent
Code. Chapter 2252. Section 2252 152. tenth that the company named above is not listed on the webshle 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 1 further cenifv that should the above -named company enter
into acontract that is on said listing ofcompanies on the websne of the Comptroller of the State of Texas. which
do business with Iran. Sudan or my Foreign Terrorist Organization_ I will immedralel) notify the Ci1v of
Lubbock Purchasing and Contract Department
32 TEXAS GOVERNMENT CODE, CHAPTER 2270 This section applies only to a contract that (I) is
between a governmental entity and a company with 10 or more full-time employees; and (2) has a %aloe of
i100,000 or more that is to be paid wholly or partly from public funds of the governmental enun• (b) A
governmental entity may not enter into a contract wilh a compm) for goods or services unless the contract
contains a wntlen verification from the compmy that it (1) does not boycott Israel and (2) will not boycott
Israel during the lemi of the contract
33 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter 1, Chapter 552, Government
Code, may appl) to this contract and the contractor or %endor agrees that the contract can be terminated if the
contractor or vendor know ngl) or Intentionally farls to comply with a requirement of that subchapter To the
extent Subchapter J. Chapter 552, Gov emment Code applies to this agreement, Pursuant to Section 552 301(e)
of the Texas Government Code The City of Lubbock has designated the following email address for which
public information requests ma) be made by an entailed request. Please send this request to this email address
for n to be processed or:dmvlubbock.us
REV 9/2021
4fGACBUYCONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
Contract = SM20-10
No.:
Date € 1/17/2022
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying ;Lubbock, City of
Agency: i
Contractor: ; Bee Equipment Sales, Ltd
Contact =Dominic Esperat
Person:
Prepared !Mike kuehn
By:
Phone: !8067752370
Phone: !8067905144
Fax: :8067753085
Fax: 18064450543
Email: =Desperat@mylubbock.us
Email: imkuehn@beeequipmentsales.com
Catalog / Price Sheet
Name:
Shannon -Chastain Enterprises
General Description asic 240VT split drum roller with tow package
of Product:
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Quan Description ! Unit Pr 1 Total
1 I SM20401ADIT 240V split drum vibratory roller with tow package = 52500! 52500
1 'amber rotating beacon a 600! 600
1 !painted aluminum roof 1950! I950
1 SMV sign ' 320 320
_ ME SMART PURc"Asiur, soLution
0
i 0
= i 0
t 0
i 0
0
0
Total From Other Sheets, If Any:
Subtotal A: 55370
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan '• Description i Unit Pr : Total
1 !Tow package 80001 8000
i
! 0
' 0
i
: ! i 0
Total From Other Sheets, If Any:
SubtotalB:
8000
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of = For this transaction the percentage is
the Base Unit Price plus Published Options A+13.
14%
C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Freight 2500
PDI 200
HEIT Tax .0019 125.53
Subtotal C: 2825.53
Delivery Dater
D. Total Purchase Price (A+B+C): 66195.53
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
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:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-845965
BEE EQUIPMENT SALES, LTD
LUBBOCK, TX United States
Date Filed:
02/OL2022
2 Name of governmental entity or state agency that Is a party tot the contract for which the form s
being filed.
CITY OF LUBBOCK
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.
31064169
PURCHASE OF A NEW SPLIT DRUM VIBRATORY ROLLER
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there Is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
n
My name Is _ �&-t.. �df bC and my date of birth Is
My address is
(street) (city) (state) (zip Dodo) (country)
I declare under penalty of perjury that the foregoing is true and correct.
1
Executed in t�t� YJb 6&t County, State of on the day of 20 ZZI
(month) (year)
Sign re of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
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.
12022-845965
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
BEE EQUIPMENT SALES, LTD
LUBBOCK, TX United States
Date Filed:
02/01/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
CITY OF LUBBOCK
Date Acknowledged:
02/01/2022
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.
31064169
PURCHASE OF A NEW SPLIT DRUM VIBRATORY ROLLER
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
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)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc