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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