HomeMy WebLinkAboutResolution - 2019-R0115 - Freightleiner Of Austin - 04/09/2019 Resolution No. 2019-RO 115
Item No. 7.7
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. 31044357 in accordance with Buy
Board Contract 521-16 for the purchase of Chassis and Heil DP 25 YD Rear Loader, 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 frilly
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 Secreta
APPROVED AS TO CONTENT:
Maryearwood, As t City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.Purchase0rd 31044357 Chassis and Heil DP 25 YD Rear Loader_BuyBoard 521-16
March 22,2019
Page - 1
ubbCity of Date - 3/21/2019
oc PURCHASE ORDER
T E X A S Order Number 31044357 000 OP
BranclVPlant 3526
TO: FREIGHTLINER OF AUSTIN SHIP TO: CITY OF LUBBOCK
1701 SMITH RD FLEET SERVICES
AUSTIN TX 78721 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
Matta A VareZ,Dirmor or Purchasing&Contract Managemcul
Ordered 3/21/2019 Freight
Requested 8/21/2019 Taken By S GONZALEZ
Delivery .1 LOERWALD REQ 53607 BUYBOARD 521-16
Description/Supplier Item Ordered Unit Cost Um Extension Request Date
Chassis 1.000 90,381.0000 EA 90,381.00 8/21/2019
CC 5815
Heil DP 25 YD REAR LOADER 1.000 94,775.0000 EA 94,775.00 8/21/2019
CC 5815
BuyBoard Fee 1.000 400.0000 EA 400.00 8/21/2019
CC 5815
Total Order
Terms NET 30 185.556.00
This purchase order encumbers funds in the amount of$185,556.00 awarded to Freightliner of Austin,of Austin,TX, on
,;1 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# 115 l 5
CITY OF LUBBOCK ATTEST:
11 Udkc' A—
Daniel M.Pope,Mayor Rebe ca Garza,City Secretary 0
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
L SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in Ise or equity.
Each shipping comaina shall be clearly and permanently marked as follows (a) Seller's name and address, IS.TERNIINATION.The crfomuanceofworkunderlhisorderntaybetemtinmedinuhok,orin art by the
(b)Consignees name,address and purchase order or purchase release number and the supply agrccment number P p
if applicable.(c)Container number and total number of containers,e.g.box I of-I boxes,and(d)the number Buyer in accordance with this provision. Termination of work hcreun&T shall be effected by the delivery
of the container bearing the packing slip. Seller shall bear cost of packaging unless ohenwLge provided. Goads of the Seller 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 ortennination is
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments in addition to and not in lieu urine rights or Buyer set forth in Clause 14.herein.
not accompanied by packing lists. 16.FORCE MAJEURE-. Neither party shall be held responsible for losses. resulting if the ftlfiliment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
reservation and no tender of a bill of lading will operate as a tender of goods. party whose performance is interfaced with,and which by the exercise of reasonable diligence said party is
unable to prevent.
i.TITLE AND RISK LOSS. The title and risk of loss of true goods shall not pass to Buyer until&qBuyer17.ASSiGNMENT-DELEGATION. No right or interest in this contract shall be assi ned or dole inion of
actually receives and takeke s possession of the goods at the point or points o(deliecry. g g
any obligation made by Seller without the written permission of the Buycr. Any attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER, Every tender of delivery of goods must fully comply delegation by Seller shall be wholly void and totally ineffective for all purpose un less made in confonnity%vith
with all provisions of this contract as to time of delivery,quality and dte like. If a tender is made which does not this paragraph.
fully conform,this shall constitute a breach and Seller shall not have the richt to substitute a conforming tender.
provided.where the time for performance has not yet expired,the Seller may reasonably notify Buyer of his I S.WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pan
intention to cure and may then make a conforming tender within the contract time but not of urverd. by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
5.INVOICES&PAY\SENTS.a.S c I f e r shall submit separate invoices,in duplicate,one each purchase consideration and is in writing signed by the aggrieved party.
order or purchase rclene after each delivery. Invoices shall indicate the purchase order or purchase release 19, INTERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and
number and the supply agreement number it applica bre. Invo ices shall be henli8e'd and transportation charges, performance proeidcd by Buyer in its advertisement for bids, and any other documents proa'idcd by
if any.shall be listed separately. A copy of lite bill of lading.and the freight waybill when applicable,should Seller as pan of his bid,is intended by the parties as a final expression or their agreement and intended also
be attached to the in oicc Mail To:Accounts Payable,City of Lubbock,P.O.Box 2000,Lubbock,Texas ax a complete and exclusive statement of the terms of their agreement. N9enever a tens defined by lite
79457. Payment shall not be due until the above instruments are submitted after delivery. Uniform Commercial Code is used in this agrccment,the defrnhion contained in lite Code is to control.
6.GRATUITIES. The Buycr may,by written notice to the Seller,cancel this contract without liability to X APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.Wherce%er -
Seller if it is determined by Buyer that gratuities,in the form orenlenainntent,gifts or otherwise,were offered the tern-'Uniform Commercial Code'is used,it shall be consumed as meaning the Uniform Commercial
or given by the Seller,or any agent or representative or tine Scllcr,to any officer or employee of the City of Code as adopted in the State of Texas as effective and in force on the dateofthis agrccment.
Lubbock with a view to securing a contract or seating favorable treatment with respect to the 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 evert the other pang s intent to perform he may demand that tie other party give written:assurance of his intent to
this contract is canceled by Buyer pursuant to this provision.Buyrr shall be entitled,in addition to any other perform. In the event that a demand is made and no assurance is given within five(5)days,the demanding
rights and remedies,to recover or withhold the anount of the cost incurred by Seiler in providing such gratuities. party may treat this failure as an anticipatory repudiation of the contract.
7.SPECIAL TOOLS&TEST EQUIPMENT. Ir rhe price stated on lite lace Itereof includes the cost of any 22.INDEMNIFICATION. Seller shall indemnify,keep and save harmless the Buyer.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 tooting equipment and any process sheets rrlaled thereto shall become the propertyohle Buyer and expenses.which may in anywise accrue against the Buyrr in consequence of i e granting of this Contract
and to the extern feasible stall be identified by the Seller ns such. or which may anywise result therefrom.%hcther or not it shall be alleged cu doemtincd that the act was
S.WARRANTY-PRICE.a. The price to be paid by the Buyer stall be that contained in Seller's hid caused through negligence or omission of the Seiler or its employees,or of the sitbSeller or assignee or its
which Seller warrants to be no higher than Seller's current process on orders by others Cur products of the kind employees,if any,and lite Seller shall,at his oasm expense,appear,defend and pay all charges of amorneys
and specification covered by this agrccment for similar quantilics under similar of like conditions and methods and all costs and other expenses nrising therefrom of incurred in connection therewith,and,if anyjudgment
of purchase. In the eruct Seller breaches this warranty,the prices of the items shall be reduced to tine shall be rendered against the Buyer in any such action,the Seller shall,a hs own expenses,satisfy and
Seller's current prices on orders by others, or in the alterative Buyer may cancel this contract without discharge the sane Seller expressly understands and agrees that any bond required 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 Seller,shall in no war limit the reslonsibility to indemmifv,keep and save harmless
has been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend the Buyer as herein provided.
commission.percentage,brokerage or contingcm fee excepting bona fide,employees or bona fide established 23.TMIE. It is hereby expressly agreed and understood that time is of the essence for the performance of
commercial or selling,agencies maintained by the Scllcr for the purpose of securing business. For breach or this contract.and failure by contract to meet the time specifications of this agrccment will cause Scllcr to
vic iat ion of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this be in default of this agreement.
contract without liability and to deduct from the contract price or otherwise recover without liability and to
deduct from the contract price,or otherwise mco%crthc full amount ofsucheontmissioh,percentage,brokerage 24.\IBE. The Cit%of Lubbock hreby notifies all bidders that in regard to any contract entered into
or contingent fee. pursuant to this request.minority and woven 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 attempt to do sex or natural origin in consideration for an award.
so shall render this contract voidable at lite option or the Buyer. Seiler%variants that the goods furnished will
conform to the specification,drawings,and descriptions listed in the bid invitation,and to the sanple(s)furnished 25.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by lav,contract,
by the Seller.i(any. In the even of a conflict or between the specifications.drawings,and descriptions.the equity.or otherwise.including without limitation.the right to seek any and all forms of relief in a court of
specifications shall govern.Notwithstanding any provisions contained in the contactual agreement,the Seller competent jurisdiction.Further,the City shall not be subject to anyarbitration process prior to exercising
represents and waraats fault-free perfomance and fault-free result in the processing date and date related data its unrestricted right to seek judicial remedy.The remediessei forth herein are cumuhuiveand not exclusive.
(including.but not limited to calculating,comparing and sequencing)of all hardware,sofn%are and firmware and may be exercised concurrently.To tike cxtctn of any conflict between this provision and another provision
products delivered and services provided under this Contract,individually or in combination.as the case may in.or related to.this document.this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to products and services 2G.RIGHT TO AUDIT.At any time during the toms of the contract,or thercafirr,the City,or a duly
provided by the Scllcr,its sub-Seller or any third party involved in the creation or development o(thc products authorized audit representative of the City or the State of Texas,at its expense and at reasonable times.
and services to be dclix•cred to lite City of Lubbock under this Contract. Failure to comply with any of the reserves the right to audit Contractors records and books relevant to all services provided to the City under
obligation contained herein,may result in the City of Lubbock availing itself o(any of its rights under the this Contract. In the event such an audit by the City reveals any errors or overpaymnents by tine City,
law and under this Contract including,but not limited to,its right pertaining to termination or default. The Contractor shall refund the City the full amount oftsuch overpayments within thirty(30)days of such
warranties warranties contained herein are separate and discrete from any other r anties specified in this Contract. audit findings.or the City,at its option.reserves the right to de
and are not subject to any disclaimer of warranty,implied or expressed,or limitation of the Seller's liability duct such amounts owing rhe City from any
pa%mcnts due Contractor.
which may be specified in this Contract,its appendices.its schedules,its annexes or any document incorporated
in this Contract by reference 27.HOUSE BILL 2015. House Bill 2013.signed by the Governor on lune 14,2013 and effective on January
1.2014.authorizes a penalty to be imposed on a person who contracts for ccrain services with a governmental
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards entity and who fails to properly classify their workers.This applies to subcontractors as well.Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of 1970. In the subcontractors who fail to properly classify individuals performing work under it governmental contract will be
event the product does not conform to OSHA standards.Buyer may return lie product for correction or penalized 5200 for each hndhchdual that has leen misclnssifed.(Texas Govcrmnent Cade Section 2155.001).
replacement at the Seller's expense In lite event Seller fails o make the appropriate correction within a
reasonable time,correction made by Buyer will be at lite Seller's expense. 28.ASSIGNING OR SUBLETTING TILE CONTRACT-The Contractor shall not assign or sublet the contract.
It.1.\O WARRANTY BY BUYER AGAINST tNFRINGL•MENTS. As pan of this contact for sale Seller or any portion of the contract. without %niter consent from the 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 aitachcd to this agreement insurance from the Subcontractor that conplics 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 ofgoods according to lite specification will not give rise to such a claim,and in no 29.HOUSE BILL 1293 DISCLOSURE OF INTERESTED 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 2152.908 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 entity or state agency to file with the governmental entity or state
Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does 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 Fonn 1295 arc available at:
Seller in good faith ascertains the productiono f the goods in accordance with the specifemions will result in Ll): arwsc ci.luhlx�ck Ix.us depjtrSmcntal_wehsiles�yg4i9tenlc;purehashn e�slLr_inform:cion
infringement or the like,the contract shall be all and coil. 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that the Contractor has read.
12. NON APPROPRIATION.All funds for payment by the City under this contract are subject to the Cully understands,and will be in terms compliance with all teu and conditions and the descrhpth%e material
availability of an annual appropriation for this purpose by the City. In the event of nonnppropriaion of funds contained herein and anv additional associated documents and Amendments.The City disdainhs any terms and
by the City Council of the:City or Lubbock for the goods or services provided under the contract,the City will conditions provided by tlhc Contractor unless agreed upon in%%-riling by lite parties. In the event of conflict
terminate the contract,without termination charge or other liability,on the Int day of the then-current fiscal between these terms and conditions anti any terms and conditions provided by the Contactor,the terms and
year or when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided herein shall prevail. The terns and conditions provided herein arc the final terms agreed
is spent,whichever event occurs first. If at any time funds arc not appropriated for the continuance or this upon by the parties,and any prior conflicting terns shall be of no force or effect.
contract.cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure t%ghee 31.By accepting this purchase order,the Vendor verifies that it does not Boycott Israel,and agrees that during
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of the term of this Agreement(Contract as applicable)%ill not Boycott Israel as that tern is defined in Texas
termination. Government Code Section 808.001,as amended.
13.RIGHT OF INSPECTION, Buyer shall have the right to inspect the goods at delivery before accepting
them.
14.CANCELLATION. Buyer shall have the right to cancel Ibr default all or any part of the undelivered
portion of this order if Seller breaches any of the terms hercof including warranties of Scllcr or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
FREIGHTLINER OF AUSTIN
1701 Smith Rd.(Hwy.183 So.) Bus:512-389-0000
Austin,Texas 78721 FAX:512-389-2663 INV.
Wats:1-800-395-2005
CITY OF LUBBOCK 806-775-2167
ADDRESS CITY STATEZIP CODE
206 MUNICIPAL DRIVE LUBBOCK TX
I/We Hereby Purchase from You,Under the Terms and Conditions Specified,the Fol owing:
YEAR MAKE MOD L/BODY VIN L
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 BOARDCONTRACT#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.
EI cobra documental no es un cobra oficiai. El cobra
documental no es un requisito bajo la ley,pero se le puede
cobrar.Al comprador par el rendimiento de los servicios CHASSIS SELLINGPRICE
relacionados con la completacion de la venta y par HEIL DP 5000 25 YD REAR LOADER $ 9 4,7 75.
completar los documentos.El comprador puede evitar el
pago al vendedor de este costo si el comprador mismo se
encarga de mandejar IDS documentos y de los servicios
necesarios para la completacion de la venta.El cobra
documental no puede sabrepasar los$50.00(U.S.) Este
aviso es requerido bajo la ley.
Disclaimer ot Warranties
Any warranties on the products sold hereby are those made by
the factory. The Seller,Freightliner of Austin, hereby
expressly disclaims all warranties,either expressed or implied
including any implied warranty of merchantability or fitness
for a particular purpose,and Freightliner of Austin,neither
assumes nor authorizes any other person to assume for it any
liability in connection with the sale of this vehicle.
CUSTOMER SIGNATURE
SALESMAN SIGNATURE KEVIN KRIEG
CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY."The information you see on the window form for this vehicle is part of this contract.Information an the window form overrieds any contrary provisions in the contract of sale
MILEAGE: TRADE-IN
YEAR MAKE MODEL/BODY VIN 7777
YEAR MAKE MODEL/BODY VIN LICENSE PLATE
TOTAL $ 185,556.00
PAYOFFTO: 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 $ 185,556.00
DATED: LIEN AMOUNT$ License: Payoff on Trade
DRAFT FOR$ Title: Ext Service Agreement
DRAFTTHRU: Transfer: Less Deposit
ADDRESS: Total Balance Due 185,556.00
Full disclosure required by federal regulation'1',The Consumer Protection 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 lhu purchaser acquires no right,title or interest In or to the property 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 cQntrQlfing.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 now vehicles carry the standard factory warranty.It Is understood there Is no guarantee an the above described new or used vehicle
other than appears an this Buyer's Order.Mileage,if used vehicle model is not guaranteed and a verbal agreement by the Salesman will not be considered binding an the Seller.It Is agreed that neither Fielghtllner of Austin nor the manufacturer will be
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
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. 2019.467892
Freightliner of Austin
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the forms 03125/2019
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#31044357
Chassis and Heil DP 5000 25yd rear loader
4 Nature of interest
Name of interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Hempel,Carlton Austin,'CX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION //
My name is �t a-1 !�' 1ti 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 S County, State of on the ;ZS day of 20-Ll_.
(month) (year)
Signature of at torized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission kj.ethics.state.tx.us Version V1.1.39f8039c