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Home My WebLink AboutResolution - 2022-R0198 - PO 27121320 with Steward & Stevenson Power Products 4.26.22Resolution No. 2022-RO198 Item No. 7.33 April 26, 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 27121320, for the purchase of Allison Dual Power Inverter Module, by and between the City of Lubbock and Stewart & Stevenson Power Products, LLC, of Dallas, 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 ATTEST: Rebe ca Garza, City Seckar APPROVED AS TOXONTENT: Bill HoXeXori, Deputy APPROVED AS TO FORM: Ry ro e, Assistant City Attorney April 26, DANIEL M. POPE, MAYOR RESTO 27171320-Stewart & Stevenson Power Products, LLC 3.28.22 PURCHASE ORDER TO: STEWART & STEVENSON POWER PO BOX 301063 DALLAS TX 75303-1063 TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Page - 1 Date - 3/25/2022 Order Number 27121320 000 OP Branch/Plant 271 VT TO: CITIBUS 801 TEXAS AVE LUBBOCK TX 79401 BY: Marta Alvarez, Director of Ptmbasmg and Contract Management Ordered 4/12/2022 Freight Requested 4/26/2022 Taken By K MORGAN Delivery PER R WILSON REQ 58423 ITB 22-16411-MA If you have any questions about this order, please contact Richard Wilson at 806-775-3657 or via email at RWislon@citibus.com Description/Supplier Item Ordered Unit Cost _UM Extension Request Date Duel Power Inverter Module 1.000 61,375.1500 EA 61,375.15 4/26/2022 Unit # 1102 Total Order Terms NET DUE ON RECEIPT INSURANCE COVERAGE REQUIRED: PER ATTACHMENT A 61,375.15 This purchase order incorporates the current Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.IF, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. This purchase order encumbers funds in the amount of $61,375.15 awarded to Stewart & Stevenson Power Products, LLC of Dallas, TX, on April 26 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated March 14, 2022, from Stewart & Stevenson Power Products, LLC. of Dallas, TX, and ITB 22-16411-MA. Resolution # 2022-RO198 CITY OF LUBBOCK L—�v Daniel M. Pope, Mayor ATTEST: 0 1 414.1 -j . A Re ca Garza, CttySecretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: SALES TAX EXEMPTION The goods and services provided for this project are exempt from the Limited Sales, Excise and Use Tax imposed by Chapter 20, Title 122A, Taxation -General, Revised Civil Statutes of Texas WARRANTY OF TITLE Contractor warrants to the City of Lubbock, its successors and assigns, that the title to the material, supplies or goods covered by the contract, when delivered to the City of Lubbock or to its successors or assigns, shall be free from all liens and encumbrances PRODUCT SERVICES WARRANTY Contractor warrants that the goods furnished under this contract conform to the contract description, are free of defects in materials and working conditions, are fit for the ordinary purposes for which such goods are used, run of even kind, quality and quantity within each unit and among all units involved, are adequately contained, packaged and labeled as the agreement may require and conform to the promises or affirmation of fact made on the container or label, if any If the contract is for services. Contractor warrants that the services fumished hereunder conform to the contract description All necessary repairs, renewals, changes or modifications in the goods due to defective materials and workmanship, occurring within twelve (12) months after final acceptance of the goods, shall be promptly corrected by the Contractor at his expense, including labor and materials, with minimum inconvenience to the City of Lubbock Where specific items of goods are guaranteed by the manufacturer for periods exceeding those shown above, such guarantees are not voided by provisions of this paragraph DELIVERY Unless otherwise stated in the specifications or bid forms, the price stated in this purchase order includes freight and/or delivery charges Complete delivery must be made within 30 calendar days after the date of the Purchase Order. Delivery will be F,O.B.the City of Lubbock C/O Crtibus 801 Texas Ave Lubbock. Texas, unless otherwise specified The Contractor shall • perform all packing, shipping, and freight of goods procured by this contract, • assume all responsibility and risk of loss incident to said deliveries, • clearly mark all crates delivered to the site with the Contractor's name and identification of the contents by number of pieces and item number for each piece, and the City of Lubbock Purchase Order number TERMINATION OF CONTRACT Termination for Convenience The City of Lubbock may terminate this contract, in whole or in part, at any time without cause and solely for the convenience of the City of Lubbock by giving thirty (30) calendar days written notice to the Contractor The Contractor shall be paid fees and expenses for work performed up to the time of termination provided the Contractor submits an itemized claim within thirty (30) calendar days of the termination If the Contractor has any property in its possession belonging to the City of Lubbock, the Contractor will account for the same and dispose of it in the manner the City of Lubbock directs Termination for Default In the event that the Contractor breaches the terms or violates the conditions of the Contract to be awarded, and does not within ten (10) calendar days of written notice from the City of Lubbock cure such breach or violation, the City of Lubbock may immediately terminate the Contract, and pursue any and all legal and equitable remedies available to it against the Contractor Indemnification the contractor shall indemnify, keep and save harmless the city of Lubbock, its agents, officials, and employees, against all suits or claims that may be based on any injury to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the contractor, whether or not it shall be claimed that the injury was caused by the negligence of the City of Lubbock, its officers, employees or agents Contractor shall, at his own expense defend any and all actions, and shall at his own expense pay all charges of attorney fees and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgment shall be rendered against the city of Lubbock in any such action, the contractor shall at his own expense satisfy and discharge the same BILLING Invoice(s) shall be submitted in duplicate to Accounts Payable, City of Lubbock P O Box 2000 Lubbock, Texas 79457 Each invoice shall contain the following information purchase order number, item number, brief description of goods, sizes, serial numbers, quantities, unit prices, and total and applicable project numbers PAYMENT TO CONTRACTOR. Terms shall be net thirty (30) calendar days after receipt of an invoice and after acceptance of the goods by the City of Lubbock whichever is later In the event payment is not made within thirty (30) calendar days, the Contractor shall submit a reminder invoice marked overdue If the invoice contains an error, the invoice will not be classified as a properly submitted invoice. DISCOUNTS Discounts that are included in offers become apart of the resulting contracts and are binding on the Contractor for all orders placed under the Contract Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement between the City of Lubbock and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions All contractual provisions required by DOT, as set forth in FTA Circular 4220 IF, dated March 3, 2013, are hereby incorporated by reference Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the City of Lubbock requests that would cause the City of Lubbock to be in violation of the FTA terms and conditions. W W W FTA DOT GOV As required under the OSHA Hazard Communication Standard 29 CFR 1910,1200, a material safety data sheet (MSDS) must precede or accompany the initial shipment of any hazardous material defined as such under the Act. For items previously ordered, an MSDS must also be supplied if the MSDS has changed since the previous shipment. 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 fortes 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 NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all fortes 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 The City 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) day s of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers This applies to subcontractors as well Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized S200 for each individual that has been misclassified Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155 001) Master Agreement For Federal Transit Administration Agreements authorized by 49 U S C chapter 53, Title 23, United States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act A Legacy for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the 21 st Century, as amended, the National Capital Transportation Act of 1969, as amended, the American Recovery and Reinvestment Act of 2009, Pub L 111-5, February 17, 2009, or other Federal laws that FTA administers FTA MA (29) February 7, 2022 https /www transit dot. govifunding/grantee-resources/sample-fta-agreements/fta-grant-agreementsThe Master Agreement can be found in its entirety on the City of Lubbock website www. ciAubbock-tx.us/ Stewart and Stevenson Parts and Service for all your needs 2000 Slaton Hwy Lubbock, TX 79404 Phone: 806-746-4224 Estimate For. CITIBUS ATTN: RICHARD WILSON. 806-175.3657 Comments or Special Instructions; REPLACE DPIM ESTIMATE ITB 22-16411-MA Allison Dual Power Inverter Module (DPIM) Part and Installation Date: 03/14/2022 Estimation: #0344LUBB Customer ID: 66957 v P.O. NUMBER Sedar# Unitly. It0# TES& 7710006945 QUANTITY 1 12 1 1 1 DESCRIPTION DPIM LABOR TO REPLACE DPIM MISC, PARTS IF NEEDED ENVIRONMENTAL SHOP SUPPLIES UNITPRICB 59,206.71 146.00 250.00 87.60 78.84 5'A) L•E7 TAIN% '�- 06.71 1;,752 09 40;00 67.60 I 7R_Rd This estimate does not cover any unforeseen Items, or freight. X Approval, sign above and e-mail back If you Have any questions concerning this estimate contact: Rick Martin 806-748-3114 r.martinghssss.com am 0 1; F 4MMMq%&1/10r SUBTOTAL $ 61,375.15 TAX RATE SALES TAX OTHER TOTAL S 61.676.15 40, ATTACHMENT A City of Lubbock, TX Purchasing & Contract Management INSURANCE COVERAGE REQUIRED TYPE OF INSURANCE GENERAL LIABILITY ❑■ Commercial General Liability ❑ Claims Made ❑ Other ❑ W/Heavy Equipment ❑■ Occurrence ❑ XCU ❑■ To Include Products of Complete Operation Endorsements COMBINED SINGLE LIMIT General Aggregate 100= Products-Comp/Op AGG x Personal & Adv. Injury x Contractual Liability x Fire Damage (Any one Fire) Med Exp (Any one Person) x ❑ PROFESSIONAL LIABILITY ❑ Occurrence General Aggregate ❑ or Technical Errors and Omissions ❑ CYBER LIABILITY ❑ Occurrence General Aggregate IIOTHER: — ❑ ❑ Occurrence General Aggregate AUTOMOTIVE LIABILITY El Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos II EXCESS LIABILITY ❑ Umbrella Form ❑ All Owned Autos ❑ Hired Autos Per Occurrence 70000W Aggregate Each Occurrence Aggregate GARAGE LIABILITY ❑� Any Auto Auto Only - Each Accident 1.0w.ow ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ POLLUTION ❑ CARGO ❑■ WORKERS COMPENSATION soo.000 ❑■ EMPLOYERS' LIABILITY low= OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ❑■ To include Products and Completed Operations Endorsements 0 Waiver of subrogation in favor of the City of Lubbock on all coverages ❑ No insurance required. Comments: CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l 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. 2022-869371 Stewart and Stevenson Lubbock, TX United States Date Filed: 04/05/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Citibus 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. ITB 22-16411-MA parts and installation of Allison DPIM 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Sparks, Jack Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ...� Q��(G Tii(�/^ �S and my date of birth is My address is r�Qi�o f. S �G�miy �� L[.e�YJOG/L• (street) (city) (state) (zip code) (country) I declare under penalty of pedury that the foregoing is true and correct. Executed in County, State of on the day of . 20 (month) (year) '-DoX4 z/4ev'z '--'(DeGarant)1 o uthorized agent of contracting business entity ,7Signature Forms provided by Texas Ethics Commission jwWw.ethics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 1cf1 Complete Nos. 1- 4 and 6 9 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. 2022-869371 Stewart and Stevenson Lubbock, TX United States Date Filed: 04/05/2022 2 Name of governmental entity or state agency that is a party tot the contract for which the form is being filed. Citibus Date Acknowledged: 04/06/2022 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. ITB 22-16411-MA parts and installation of Allison DPIM 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Sparks, Jack Lubbock, 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) corms prowaeo Dy i exas ttnics c;ommission www.etnlcs.State.tx.us Version V1.1.191b5cdc