HomeMy WebLinkAboutResolution - 2019-R0116 - Freightleiner Of Austin - 04/09/2019 Resolution No. 2019-RO116
Item No. 7.8
April 9, 2019
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. 31044323 in accordance with Buy
Board Contract 521-16 for the purchase of Chassis and Heil Liberty 20 YD ASL, by and between
the City of Lubbock and Freightleiner of Austin, of Austin, 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 April 9, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secret
APPROVED AS TO CONTENT:
4
Mark arwood, Assts City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdocs/RES.PurchaseOrd 31044323 Chassis and Heil Liberty 20 YD ASL_BuyBoard 521-16
March 22,2019
Page - ]
City of Date - 3121/2019
j•- Lubbock PURCHASE ORDER
T E X A S OrderNumber 31044323 000 OP
Branch/Plant 3526
TO: FREIGHTLINER OF AUSTIN SHIP TO: CITY OF LUBBOCK
1701 SMITH RD FLEET SERVICES
AUSTIN TX 78721 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICCTO: CITYOFLUBBOCK
ACCOUNTSPAVABLL
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
Marta A111prez,Director of Purchasing&Contract Manabcmcnt
Ordered 3/20/2019 Freight
Requested 8/21/2019 Taken By S GONZALEZ
Delivery J LOERWALD REQ 53606 BUYBOARD 521-16
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Chassis 1.000 81,787.0000 EA 81,787.00 8/21/2019
CC 5811
Heil Liberty 20 YD ASL 1.000 137,155.0000 EA 137,155.00 8/21/2019
CC 5811
BuyBoard Fee 1.000 400.0000 EA 400.00 8/21/2019
CC 5811
Total Order
Terms NE'1.30 219.342.00
This purchase order encumbers funds in the amount of$219,342.00 awarded to Freightliner of Austin,of Austin,TX,on
April 9 ,2019. The following is incorporated into and made part of this purchase order by reference: BuyBoard
521-16,from Freightliner of Austin,of Austin,TX.Resolution# 2019-R01 16
CITY OF LUBBOCK ATTEST:
Daniel M.Pope,Mayor Rebec a Garza,City Secretary
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in lase or equity.
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 15.TERMINATION.The performance of work under this order may be terminated in whole,or in pan by the
ifapplicable.(c)Container number and total number of containers,c.g.box I of 4 boxes,and(d)the number Buyer in accordance with this provision. Temtination of work hereunder shall be effected by the delivery
of the container bearing the packing slip. Scllcr shall bear cost of packaging unless otherwise provided. Goods or the Seiler of a*'Notice of Termination"specifying the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common order is terminated and the date upon which such termination becomes effective. Such right or termination is
carriers and any applicable specifications. Buyer's count or w•eiglit shall be final and conclusive on shipments in addition to and not in lieu of the rights of Buyrr set forth in Clause 14.herein.
not accompanied by packing lists. 16.FORCE M,1)EURE. Neither party shall be held responsible for losses. resulting if the fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship tic goods under of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
nsenation and no tender of a bill of lading will operate as a tender ol'goods. pang whose performance is interfered with,and which by the exercise of reasonable diligence said party is
unable to prevent.
3.TITLE AND RISK LOSS. The title and risk of loss of the goods shall not pass to Buyer until payer 17.ASSIGNILENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of
actually receives and takes possession of the goods at the point or points of delivery. 6 &
any obligation nude by Seller without the wriucn permission of the Buyer. Any attempted assignment or
4.NOREPLACEMENT OFDEFECTIVE TENDER. Every tender of delivery of goods must fully comply ddegationbySellershallbewhollyvoidandtotalivineffc'ctiveforallPuroseunlessmadeinconrornityw•ith
with all provisions of this contract as to time of delivery,quality and the like. If a tender is matte which does not this paragraph.
fullyconform,this shall conslitutc i breach and Seller shall not have the right 10 substitute a confom»ng tender. IS.WAIVER. N
provided,where the time for performance has not yet expired,the Seller truly reasonably notify Buyer of his Noclaim or right arising out urn breach ofthis eonlract can be dischnr6'ed inwhole or in pin
intention to cure and may then make a confomming tender within the contract time but not afterward by a waiver or renunciation or the claim or right unless the waiver or renunciation is supported by
5.INVOICES R PAYMENTS.a.Seller shall submit separate invoices,in duplicate.one each purchase consideration and is in writing signed by the aggricwcd piny.
order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release 19. INTERPRETATION-PAROLE EVIDENCE. This waling, plus any specifications for bids and
number mid the supply agreement number if applicable. Invoices shall be itemized and transportation charges, performance provided by Buyer in its advertisement for bids. and any other documents provided by
if any,shall be listed separately. A copy of the bill of lading,and the freight sra)bill%%-lien applicable,should Seller as pan of Itis bid.is intended by the panics as a final expression of their agreement and intended also
be attached to the invoice. Mail To:Accounts Payable.City of Lubbock,P.O.Box 2000.Lublock.Texas as a complete and exclusive statement of the terms of their agreement. 1Vhcncrer a tam defined by the
79457. Payment shall not lx due until the above instruments arc submitted after delivery. Uniform Commercial Code is used in this agreement,the def nition contained in the Code is to control.
6.GRATUITIES. The Buyrr may,by written notice to the Seller,cancel this contract wil out liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.Whenever
Seller if it is determined by Buyer that gratuities,in die form of entertainment,pits or otherwise.were offend the term"Uniform Commercial Codi'is used,it shall be construed as meaning the Uniform Commercial
or given by the Seller,or my agent or representative of the Scller,to any orricer or cniployre of the City of Code as adopted in the State of Texas as effective and in force on tax Chile of this agreement.
Lubbock with a view m securing a contract or securing favorable treatment with respect to lite awarding or 21.RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
amending,or the making of any determinations with respect to the performing of such a contract. In the event the other pane's intent to perform he may demand that Ile other party give wrillm assurance of his intent to
this contract is canceled by Buyer pursuant to this provision,Buyer shall be entitled,in addition to any other perforin, In the event that a demand is made and no assurance is given within five(3)days.the demanding
rights and remedies.to recoveror withhold the amount of the cost incurred by Seller in providing such gratuities. party may treat this faihre as an anticipatory repudiation of Iltc contact.
7.SPECIAL TOOLS S TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any 22,[NDEMiNIFICATION. Seiler shall indemnify,keep and save harmless the Buyrr,its agents,officials and
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, employees,against all injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments.costs
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and expenses,which may in anywise acme against the Buyer in consequence or the granting of this Contract
and to the extent feasible shall be identified by the Seller is such, or which may anywise result Ihercfronr,whether or not it shall be alleged or determined that the act was
8.WARRANTY-PRICE.a. The price to lie paid by Ute Buvvr shall be that contained in Sellcr's bid cased through negligence or omission of the Seller or its employees,or of the SuhSeller or assignee or its
which Seller warrants to be no higher thin Seller's current process on orders by others for products of the kind employees,if any,and the Seller shall,at his ower expense,appear,defend and pay all charges of attorneys
and specification covered by this agreement for similar quantities under similar of like conditions and methods and all costs and other expenses arising therefrom of incurred in connection therewith,and,if anyjudgnhent
of purchase. to the event Seller breaches this warranty,the prices of the items shall be reduced to the shall be rendered against the Buyrr in any such action,the Seller shall,at its own expenses,satisfy and
Seller's current price, on orders by others.or in Ihcaltentmive. Buyer may cancel this contract without discharge the Battle Seller expressly understands and agrees that any bond nrpsirLd by this contract, or
liability to Seller for breach or Scller's actual expense.b.The Seller warrants that no person or selling agency otherwise provided by Scller,shall in no way limit lite responsibility to in comity,keepmu)save hwailess
has been employed or retained to solicit or secure this contract upon an agrccmcm or understanding for arid defend the Buycras herein provided,
commission.percentage,brokerage,or contingent fee excepting bona ride employees of bona fide esmblished 23.TIME. It is herby expressly agreed and understood that tittle is of live essence for the performance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of this contract,and failure by eoninct to meet the time specifications of this agreement will cause Seller to
vitiation of this warranty the Buyrr shall have the right in addition to any other right of rights to conte)this be in&'Gault of this agreement.
contract without liability and to deduct from the contract price.or otherwise recover without liability and to
deduct front the contract price.or otherwise recover the full amount of such commission.percentage.brokerage 24.MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
or contingent fee. 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,
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any ancmpt to do sex or natural origin in consideration Cor an award.
so shall render this contract voidable it the option of de Buyer. Seiler warrants than the goods furnished will
conform to tae specification,drawings-.and descriptions listed in the bid invitation,and to the samples)furnished 25.NON-ARBITRATION.The City resencs the right to exercise any right or remedy to it by law,contract.
by the Seller.if any. In the event of a conflict or between the specifications.drawings.and descriptions,the equity,or other,isc,including without limitation.the right to seek any and all forms of relief in a conn of
specifications shall govern.Notwithstanding any provisions contained in the contractual agrecmcnt.tax Seller competent jurisdiction.Further,the City shall not be subject to any arbitration process prior to exercising
represents and warrants fault-free performance and fault-free result in the processing date and date related data its unrestricted right to seek judicial remedy.The remedies set forth herein arc cumulative and not exclusive,
(including,but not limited to calculating,comparing and sequencing)oC all hardware,sofnvareand flatware and may be exercised concurrently.To the exert army conflict between this provision and another provision
products delivered and services provided under this Contract,individually or in combination,as the ease may in,or related to.this document,this provision shall control.
be from the cffLctive dale of this Contract.The obligations contained herein apply to products and services 26.RIGHT TO AUDIT.At any time during tie term of the contract,or thereafter,the City,or a duly
provided by the Scller•its sub-Seller or any third party involved in the creation or development of the products authorized audit representative of the City or the State of Texas,at its expense and at reasonable times.
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of tax reserves tax right to audit Contractor's records and books relevant to all services provided m)the City under
obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under the this Contract. In the event such an audit by the City reveals anv crors or overpayments by the City,
law and under this Contract including,bill not limited to,its right pertaining to termination or default. The Contractor shall refund the City the full amount of such overpayments within thirty(30)days of such
warranties contained herein are separate and discrete from any other warranties specified in this Contract, audit findings,or the City.at its option.reserves the right no deduct such amounts owing tax Cityrom any
f
and arc not subject to any disclaimer of warranty.implied or expressed,or limitation of the Seller's liability payments due Contractor.
which may be specified in this Contract.its appendices,its schedules,its anexcs army document incorporated
in this Contract by reference. 27.1IOUSE BILL 2015. House Bill 2015,signed by the Governor on June 14,2013 and effective on January
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standar&Is 1.2014•authorizes a penalty to be imposed on a person who contracts for certain services with a govcmmental
promulgated by the U.S.Department of Labor under the Occupational Safety rand Health Act or 1970. In the entity and who fails to properly classify their workers.This applies to subcontractors as well.Contractors and
event the product does not conform to OSHA standards,cc Buyer may ream the subcontractors w•ho fail to properly classify individuals performing work under a govemmcnnl contract will be
y product for correction or penalized 5200 for each individual that has been misclassified.(Texas Government Code Scction 2155.001).
replacement at the Seller's expense. in lite event Seller fails to make the appropriate correction within a
reasonable time,correction made by Buyer will be at the Seller's expense. 28.ASSIGNING OR SUBLETTING THE CONTRACT.The Contractor shall not assignor sublet the contract.
11.NO WARRANTY BY BUYER AGAINST INFRNGEMBdNTS. As pan of this contract for sale Seller or any portion of the contract, wilhout written consent from lite Director of Purchasing and Contract
Management.Should consent be given.the Contractor shall insure the Subcontractor or shall provide proof on
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this ngmenacnt insurance from ale Subcontractor that complies with all contract Insurance requirements,
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 29.HOUSE BILL 1295 DISCLOSURE OF INTI:RESTED PARTIES. House Bill 1295,adopted by the 84th
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of Legislature.created§2252.908,Texas Government Code Section 2252.903 requires a business entity entering
infringement of the like. If Seller is of the opinion that an infringement or the like will result.he will notify the into certain contracts with a governmental entit%or state agency to file with the governmental entity or state
w•
Buyer to this effect inritingwithin two w�eeksafter the signing ofrhisagreement. If Buyer docs not receive agency a disclosure of interested parties at the time the business entity submits the signed contract to the
notice and is subsequently held liable for the infringement or the like.Seller will save Buyer harmless. If governmental entity or state agency. Instructions for completing Form 1295 are available at:
Seller in good faith ascertains the production of the goods in accordance with the spcci fiat ions will result in hitp: wwwr.,j larbbtvek.tx.us dePvrtrncntal•�wdisit x<tep,nnxn�s muchasing render-infonnit.K±n.
infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES.by supplying any Goods or Services that the Contractor has read.
12. NON APPROPRIATION.All Ponds for payment by the City under this contract are subject to the fully understands.and will be in full compliance with all terms and conditions and the descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of Ponds contained herein and any additional associated documents and Amendments.The City disclaims any terms and
by the City Council of the City of Lubbock for the goods or services provided under the contract,the City will conditions provided by the Contractor unless agreed upon in writing by the panics. In the event of conflict
terminate the contract,without termination charge or other liability,on the last day of the then-current fiscal between these terns and conditions and any terms and conditions provided by the Contractor.the erns and
year or when the appropriation made for the then•curi ent year for the goods or services covered by this contract conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed
is spent,whichever event occurs first. If at any time funds are not appropriated for the continuance of this upon by the panics•and any prior conflicting terns shall be of un force or effect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but fililure 10 give
such notice shall be of no effect and the City shall not-be obligated tinder this contract beyond the date or 31.By accepting this purchase order,the Vendor verifies that it does not Boycott Israel,and agrees that during
termination. the term of this Agreement(Contract as applicable)will not Boycott Isracl as that tern is defined in Texas
Government Code Section 808.001,as antended.
13.RIGHT OF INSPECTION. Buyrr shall have the right to inspect the goods at delivery berate accepting
them.
14.CANCELLATION. Buyer shad)have the right to cancel for default all or any pan of the undelivereel
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition no and not in
FREIGHTLINER of AUSTIN
1701 Smith Rd.(Hwy.183 So.) Bus:512-389-0000
Austin,Texas 78721 FAX:512-389-2663 IIVV.
Wats:1.800395.2005
PURCHASING NAME I ELEPHONE
CITY OF LUBBOCK 806-775-2167
ADDRESS CITY STATE ZIP CODE
206 MUNICIPAL DRIVE LUBBOCK TX
/We Hereby Purchase from You,Under the Terms and Conditions SpecIflea,the DI owing:
MODEL/BODYYEAR MAKE
2020 FREIGHTLINER M2106 ORDER
A documentary fee is not an official fee,a documentary fee MILEAGE:
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 BUY BOARD CONTRACT#521-16
to
5 -
to the seller by handling the documents and performing the
services relating to the closing of the sale.A documentary
fee may not exceed$50.00.This notice is required by law. CHASSIS SELLING PRICE 81,787.00
El cobro documental no es un cobro oficial. El cobro HEIL LIBERTY 20 YD ASL $ 137,155.00
documental no es un req uisito bajo la ley,pero se le puede
cobrar.Al comprador por el rendimiento de los servicios
relacionados con la completacion de la venta y por
completar los documentos.El comprador puede evitar el
pago al vendedor de este costo si el comprador mismo se
encarga de mandejar los documentos y de los servicios
necesarios para la completacion de la venta.El cobro BUY BOARD FEE T_ 400.00
documental no puede sobrepasar los$50.00(U.S.) Este
aviso es requerido bajo la ley.
Ise alrner of Warranties
Any warranties on the products sold hereby are those made by
the factory. The Seller,Freightfiner 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
CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY."The information you see on the window farm for this vehicle is part of this contract.Information on the window form overrieds any contrary provisions in the contract of Sale
MILEAGE: TRADE-IN
YEAR MAKE MODEL/BODY VIN LICENSE PLATE
_17LAUL: TRADE-IN
YEAR MAKE MODEL/BODY VIN LICENSE PLATE
TOTAL $ 219,342.00
PAYOFF T0: 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 Insp.: TOTAL SALE PRICE $ 219,342.00
DATED: LIEN AMOUNT$ License: Payoff on Trade
DRAFT FOR$ Title: Ext.Service Agreement
DRAFT THRU: Transfer: Less Deposit
ADDRESS: Total Balance Due 219,342.00
Full disclosure required by federal regulation 2',The Consumer Protucilon Act and The Texas Consumer Credit Code.will be made prior to consummation of a credit sale.This written order comprises the entire agreement pertaining to this purchase
and no other agreement of any kind,verbal understanding or promise whatsoever,will be recognized.It is expressly agreed that the purchaser acquires no right.title or interest in or to the proparty which he agrees to purchase hereunder until such
property Is delivered to him/her and either the full price.is paid In cash or satisfactory deferred payment agreement Is executed by the parties hereto,the terms of which shall thereafter be controlling.and a clear title Is furnished to dealer for the used
cars or trucks Involved,If any.THIS IS NOT A CONDITIONAL SALES CONTRACT.BUT IS A BUYER'S ORDER.All new vehicles carry the standard factory warranty.It Is understood lhoru Is no guarantee on the above described new of used vehicle
ether than appears on this Buyer's Order.Mileage.If used vehicle model Is not guaranteed and a verbal agreement by the Salesman trill not be considered binding on the Seller.It Is apfeed that neither Freightliner of Austin nor the manufacturer wIII be
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-467896
Freightliner of Austin
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that Is a party tot the contract for which the form is 03/25/2019
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.
Contract PO#31044323
Chassis and Heil Liberty 20yd ASL
Nature of interest
4 Name of Interested Part ,State,Country Party City, y(place of business) (check applicable)
Controlling Intermediary
Hempel,Carlton Austin,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My
My name is l �T°� !��-^?��/ 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 7772- County, State of —77�P-164 on the day of 20 �Y .
(month) (year)
Signature authorized agent of contracting business entity
/ (Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c