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HomeMy WebLinkAboutResolution - 2022-R0528 - PO 31070477 with Brucker Truck Sales 12.13.22Resolution No. 2022-RO528 Item No. 5.28 December 13, 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 and on behalf of the City of Lubbock, Purchase Order No. 31070477 in accordance with ITB 16913-SB for the purchase of Tandem Axle with Dump Body, by and between the City Lubbock and Bruckner Truck Sales, Inc. of San Antonio, TX and related documents. S Purchase Order is attached hereto and incorporated in this resolution as if fully set forth her and shall be included in the minutes of the City Council. Passed by the City Council on December 13, 2022 MAYOR v ATTEST: Rebe ca Garza, City Sec APPROVED AS TO CONTENT: Au� Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: r - Velli Leisure, Assistant City Attorney ccdocs/RES.PurchaseOrd 31070477 Tandem Axle with Dump Body 11.21.22 City of PURCHASE ORDER Lubbock TEXAS BRUCKNER TRUCK SALES INC TO: 4562 IH 10 EAST SAN ANTONIO TX 78129 Page - Date - Order Number Branch/Plant 1 11/18/2022 31070477 000 OP 3526 CITY OF LUBBOCK SHIP TO: FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Mara , Director of Purchasing &Contract Management Ordered 11/18/2022 Freight Requested 8/05/2023 Taken By Delivery PER B RODRIGUEZ, REQ 59562 ITB 23-16913-SB SBALLANCE If you have any questions, please contact Breana Rodriguez: BRodriguez@mylubbock us or 806-775-2374 Description/Supplier Item Ordered Unit Cost UM Extension Request Date 12 yd Munibody Dump Body 1.000 31,500.00 EA 31,500.00 8/05/2023 2024 Volvo VHD64F300 Cab & Chassis Terms NET 30 1.000 139,030.00 EA 139,030.00 8/05/2023 Total Order 170,530.00 This purchase order encumbers funds in the amount of $170,530.00 awarded to Bruckner Truck Sales, Inc. of San Antonio, TX, on December 13 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 14, 2022, from Bruckner Truck Sales, Inc. of San Antonio, TX, and ITB 23-16913-SB. Resolution # 2022-RO528 CITY OF LUBBOCK Tray ne, a r ATTEST: Reb a Garza, tty ecretary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES by aoolvine anv Goods or Services that the Contractor has read full understands, and will be in full cormiliance with all terms and condition and the descriptive material contained herei and any additional associated documents and Amendment_ The City disclaims any terms and conditions provided b the Contractor unless agreed upon in writine by the partiesIn the event of conflict between the City's terms an conditions and anv terns and conditions provided by the Contractor the terms and conditions orovided herein sha I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. 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 if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. 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 carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by 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 tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made 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 yet expired, the Seller may reasonably notify Buyer 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 e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation 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, City of Lubbock, P. 0. 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 entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any 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 making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such 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 by the Seller as such. S. 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 current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency 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 by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free perforanceandfault-free result in the processing date and daterelateddata (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party 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 any of the obligations contained herein, may result in the City of Lubbock availing itself of any 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 warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Sellers liability 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 the product sold to the Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to 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 time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement 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 event shall Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like. If 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 agreement. 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 payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time 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 give 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 have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered 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 to and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Nonce of Termination- specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14. herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 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 Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. IS. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 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 provided by Seller as part of his bid, is intended by the parties as a final expression of them agreement and intended also as a complete and exclusive statement of the terns of their agreement. Whenever a term defined by 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 by the Uniform Commercial Code. Wherever the term "UniPorm Commercial Code' is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Wherever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written 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 indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that 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 pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by 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 expressly agreed and understood that time is of the essence for the performance of this contract, and failure by 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 any contract entered into 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, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. 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 forms 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 rot exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this documcnr, this provision shall control. 26. 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 tines, reserves the right to audit Contractors 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) days 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. 27. The Contractor shall not assign or sublet the contract, or any portion of the contract without written consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 2252. I52 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructionsfor completing Forth 1295 arc available at: hpp_ x_w:y.lut+bakix,ys.dcaanmcnral_ websiteVdeoartments/ourchasmg/vendor-informat ion 30. No Boycott of IsraeL Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the tern of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it mats an exemption criteria under Section 2274.002; or (d) it does not boycott a Firearm Entity or Firearn Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall sate any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Goverment Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Goverment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an ended request: errr+mvlublazck. Please send this request to this email address for it to be processed REV.32022 City of Lubbock, TX Purchasing and Contract Management SPECIFICATIONS FOR VEHICLES AND EQUIPMENT GENERAL INFORMATION, REQUIREMENTS AND CONDITIONS 1. SCOPE: The specifications attached are for automobiles, trucks and industrial equipment required by the City of Lubbock. Bids shall meet or exceed the minimum requirements for the equipment described by the specification attached. All inquiries made concerning the specifications shall be made to the Director of Purchasing and Contract Management or designee. Although it is not a requirement for quotation, vendors are strongly encouraged to attend the scheduled pre -bid meeting covering the equipment specified. 2. APPLICABLE SPECIFICATIONS, STANDARDS, RULES AND REGULATIONS Automobiles and trucks shall meet or exceed the minimum requirements of the specification and all applicable requirements of Federal Motor Vehicle Safety Standards (Public Law 89-563). All requirements of these specifications shall be met unless they are in conflict with the applicable Federal Motor Vehicle Standards. Equipment furnished for the specification shall meet all applicable requirements of the Environmental Protection Agency's Exhaust Emission Standards (940 CFR 85) as issued under authority of the Clean Air Act, as amended, (42 USC 1857, et seq,). It shall be the responsibility to the vendor to ensure that the equipment furnished meets the most recent requirements of all applicable laws. In the event equipment is furnished that is not in compliance with the law, it shall be the responsibility of the vendor to make all necessary modifications to the equipment required to achieve compliance with these laws. Automobiles and trucks furnished to this specification shall be provided with lamps, signals and reflectors as specified in the Texas "Uniform Act Regulating Traffic on Highways", (VTCS 6701 d as may be amended, modified, and/or codified). Vehicles, including station wagons designed or used primarily for the transportation of persons, that have a wheelbase longer than 113 inches or that have more than 145 SAE net horsepower, may not be furnished to this specification (Section 3.29, Article 601b, VTCS as may be amended, modified and/or codified). This provision does not apply to the purchase or lease of vehicles used primarily for criminal law enforcement, or a bus, motorcycle, pickup, van, truck, three -wheel, tractor, or ambulance. Reference to specifications, standards, and test methods shall be to those in effect on the date of the Invitation for Bids. The following publications form a part of this specification to the extent specified herein: ASTM Standards - American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103: ASTM A 606 - Standard Specification for Steel sheet and Strip, Hot -Rolled and Cold Rolled, High Strength, Low - Alloy, with improved Corrosion Resistance. ASTM A 607 - Standard Specification for Steel Sheet and Strip, Hot -Rolled and Cold -Rolled, High Strength, Low - Alloy Columbium and Vanadium. Federal Publications - Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402. FMVSS - Federal Motor Vehicle Safety Standards (Public Law 89-563): (a) No. 108 - Lamps, Reflective Devices, and Associated Equipment. (b) No. 209 - Seat Belt Assemblies for Passenger Cars, Multipurpose Passenger Vehicles, Trucks, and Buses. (c) No. 210 - Seat Belt Assembly Anchorage's - Passenger Cars, Multipurpose Passenger Vehicles, Trucks, and Buses. (d) No. 301-75 - Fuel System Integrity. Federal Standards: (a) No. 595 - Colors CFR - Code of Federal Regulations, Title 40, Part 85 - Control of Air Pollution from New Motor Vehicles and New Motor Vehicle Engines, Environmental Protection Agency. DOT - Department of Transportation, Title 49, Part 393 - Liquid fuel Systems of Commercial Motor Vehicles, Certification of Fuel Tank. OSHA - Occupational Safety and Health Administration - Construction Safety and Health Regulations Section 1926.601 - Motor Vehicles. SAE - Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096: J377 - SAE Standard - Performance of Vehicle Traffic Horns. TBEA - Truck Body Equipment Association, 5530 Wisconsin Avenue, Suite 120, Washington D.C. 20015: VTCS - Vernon's Texas Civil Statutes - West Publishing Company, P.O. Box 2239, Kansas City, Missouri 64142: VTCS - 6701d, as may be amended, modified, and/or codified - Uniform Act Regulating Traffic on Highways. 3. GENERAL INFORMATION AND REQUIREMENTS The vehicles furnished under this specification shall be either new or current production models and shall be of good quality workmanship and material. The bidder represents that all units offered under this specification shall meet or exceed the minimum requirements specified for each vehicle series listed. Successful bidders shall furnish automobiles and trucks equipped exactly as listed in this specification and with any other requirements specified in the Invitation for Bids. The vehicles shall be completely assembled, serviced, adjusted, and all equipment including standard and optional equipment shall be installed and the units made ready for continuous operation. Standard equipment means those components and accessories usually and ordinarily furnished without additional cost on regular production models. Each vehicle must be supplied with an owner/operator manual. Bids are to include unit pricing for one set of manufacturer's repair, parts and service manuals (on CD-ROM). No equipment mounted on trucks shall, under any circumstances, be welded to the vehicle at any point between the front of the front spring hanger and the rear of the rear spring hanger. Also, all holes for bolting must be drilled in the accepted manner and the burning of said holes shall not be acceptable under any condition. Further, no holes shall be drilled in top or bottom flange of truck frame unless drilling is confined to the section behind the rearmost attachment of the rear spring hangers. Welding or torch cutting shall be confined to "boxing" the rear end of truck frame (as required for dump equipment to allow full dumping angle). All such work shall be confined to area behind rear spring hangers. Mounting strip between hoist sub -frame of dump body and truck frame may have flame cut holes to countersink rivets on truck frame. Chassis frame rivets shall not be removed or cut flush with frame for any reason. Quantities, color, mounting and other requirements for lamps, signals, and reflectors shall be as specified for vehicles by Federal Motor Vehicle Safety Standard No. 108. Reflectors and clearance, side -marker and identification lamps for vehicles requiring same shall also meet the following requirements. Reflectors must be housed type with screw or bolt type mounting. Stick -on type is not acceptable. Surface -mounted clearance and side -marker lamps must be metal armored type. Recess mounted side -marker and clearance lamps must be recessed sufficiently to provide protection for the lens. Lenses for side -marker and clearance lamps shall be secured to the lamp by a fastening method which requires a tool to remove the lens. All electrical wiring shall be insulated and enclosed in a fibrous loom, plastic loom, or flexible conduit for protection from external damage and short circuits. It shall be securely fastened at sufficient intervals to prevent sagging and insure clearance of mechanical parts. Routing of the wiring through the cab, frame, body, compartment box, and the like shall be placed in such a manner so as not to interfere with normal operation and use, or present a safety hazard. Tires shall be of the type of construction specified under the applicable specification or General Requirements for each series. All tires shall be new and the tread style furnished shall be the tire manufacturer's standard design for original equipment line of tires unless otherwise specified in the specifications. All tires shall be of the quality known as "Original Equipment Line". All tires and wheels shall be properly balanced prior to delivery of the unit. Motorized vehicles shall be delivered with not less than one quarter (1/4) tank of fuel. Highway legal vehicles required to display a State of Texas, Department of Public Safety, inspection sticker, shall be furnished with same at time of delivery to the City. Vehicles qualifying for a two-year inspection sticker shall be furnished with the two-year version. Vehicles equipped with multiple -piece rims will not be accepted. Calcium hybrid type batteries shall be standard equipment on all equipment furnished as per the attached specification. Each vehicle, except cab and chassis units, shall be furnished with means and adequate space for attaching the rear license plate, without modifications. Illumination for the license plate shall be provided to meet Texas Department of Public Safety requirements. It shall be the responsibility of the vendor who installs the bed or body on the equipment to ensure that this requirement is met as stated above. Each vehicle shall be equipped with a horn or horns meeting the requirements of SAE J377. NOTE: Speedometer drive train must be properly calibrated in relation to axle ratio and tire size to give accurate readings. 4. CERTIFICATION AND COMPLIANCE Failure on the part of the bidder to comply with any and all requirements and conditions of this specification may subject his bid to rejection. No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated as a part of the bid. Any exception must be specifically stated by the bidder as an exception with a detailed statement completely defining the exception and/or exceptions. This detailed exception must be listed on the specification in the space provided and on a separate sheet of paper, clearly labeled as an exception, along with the item number of the exception and attached to the bid. The make and model number must be shown on each bid, however, this information will not be sufficient evidence that the bidder is making an exception. If no exceptions or deviations are shown, the bidder will be required to furnish vehicles and equipment exactly as specified herein. The burden of proof of compliance with this specification shall be the responsibility of the vendor. Bidders must submit with their bids, or have on file with the City of Lubbock, the latest printed literature on equipment the bidder proposes to furnish. This literature shall include an engine chart showing net horsepower, net torque, and other characteristics of the equipment quoted. The specifications for each piece of equipment quoted shall be returned with the quote and shall be clearly marked by each item on the specification. This document becomes a part of the evaluation process and is required for this purpose. 5. TRADE-INS If there is a trade-in, it is offered at the City of Lubbock's option, WHERE IS AND AS IS AND WITH ALL FAULTS, and the Dealer must take possession at the location listed and remove the trade-in from City of Lubbock's premises within 30 days from delivery date of new equipment, or within such time otherwise dictated by the Contract. The City of Lubbock makes no representation or warranty whatsoever about the condition of the trade-ins listed, either expressed or implied and no agent or employee of the City of Lubbock is authorized to make representation or warranty as to the condition of the trade-ins offered. The purchaser shall have no claim against the City of Lubbock for the condition of trade-ins offered as a part to the quote. Therefore, bidders are urged to inspect the trade-in equipment offered as a part of the quotation. Failure to do so, however, shall not impair or affect any of the terms of this Contract. 6. WARRANTY AND SERVICE The Dealer shall furnish the receiving agency a Manufacturer's Certificate of Origin (Certificate of Title will not meet this requirement), a manufacturer's new vehicle warranty and a manufacturer's new vehicle service contract that will be honored by any of the manufacturer's authorized contractors. (The 1,000 mile inspection coupon is not required, unless otherwise specified in the Invitation for Bids). Manufacturer's new vehicle warranty as offered to the general public shall be furnished on all vehicles delivered to the City of Lubbock. Manufacturer's Certificate of Origin shall reflect the GVWR required by: (a) The particular model specification: (b) The agency's written exception; or (c) A greater GVWR required by extra equipment. The Dealer shall furnish a copy of the manufacturer's standard warranty on major accessories such as dump, stake, platform and utility bodies, side-pak tool compartments, and toolboxes at the time of delivery. Delayed warranties are available on vehicles. Specifying them on the Invitation for Bids will give the vendors advance notification of this requirement. Delays exceeding six (6) months are not acceptable. Extended warranties available from manufacturer shall be offered and separately priced with response to solicitation. IMPORTANT: BIDDER MUST SUBMIT WITH THEIR BID DETAILED WARRANTY INFORMATION FOR THE MANUFACTURER'S WARRANTY AND DETAILED WARRANTY INFORMATION FOR THE MANUFACTURER'S EXTENDED WARRANTY. 7. FLEET COLOR CHARTS When requested, the Bidder shall furnish as a part of their bid, manufacturers standard "fleet" color charts, showing interior and exterior colors available for the equipment quoted. 8. ORDER ACKNOWLEDGEMENT For the purchase of a factory -ordered unit, the dealer's Contract shall incorporate the following conditions, as apply to vehicles purchased for the City of Lubbock: 1. A form shall be submitted to the Lubbock City Garage that describes the exact vehicle to be ordered, with all options and accessories as requested clearly noted; 2. Within five (5) working days after receipt of purchase order by Dealer and entry into the manufacturer computer, the dealer shall submit to the city Fleet Services Manager, or his designee, a copy of the factory Order Acknowledgment or other confirmation that a factory order for the vehicle(s) was accepted and scheduled by the manufacturer for production, as specified, with the Factory Order Number generated by the manufacturer computer acknowledgement for each vehicle ordered. The City of Lubbock purchase order, to which will be attached a copy of the vendor's bid and the full text of these Specifications, will be forwarded to the dealer for units accepted for purchase. Failure to comply with the above conditions is cause for immediate cancellation of the order, and placing of the order for that Item of the bid with another dealer. There shall be no liability placed on the City in the event of cancellation of an order under such circumstances. The manufacturer's fleet account zone representative will be notified should any dealer fail to comply with conditions of the City's bid, or the Contract provisions. 9. INSPECTION The vendor shall have each vehicle (except cab and chassis units delivered without bodies) properly inspected in compliance with Texas motor vehicles laws. Texas Inspection Sticker shall be attached prior to delivery to the receiving entity (2 year Inspection Sticker for vehicles through 3/4-ton pickups and 1 year Inspection Sticker for 1-ton trucks and up, excluding cab and chassis units delivered without bodies. Receiving entity should check the vehicle upon delivery to ensure compliance with this and attached specifications. The vendor shall deliver with the vehicle a vehicle -specific line -setting ticket, manufacturer's invoice, and MSO or any official documentation to verify the fact that ordered options, GVWR rating, and other requirements have been met. Failure to provide information listed above may cause the delay of entity -processing of payment. Payment will be made within 30 days after vehicle's acceptance and receipt of correct invoice, whichever is later. Acceptance will not be made, nor payment initiated on vehicles failing to meet specifications (unless they are brought into full compliance), and all necessary documents (i.e., MSO, odometer statement, etc.) are received by the ordering entity. Unless otherwise specified in the Invitation to Bid, agencies are permitted a maximum of five (5) working days to complete this inspection. 10. MANUFACTURER'S STATEMENT OF ORIGIN (MSO) Awarded vendor(s) shall furnish the receiving entity a MSO (Certificate of Title will not meet this requirement). A vehicle shall not be considered "delivered" until the MSO is received by the ordering entity. MSO shall either be furnished at the time of vehicle delivery or within 48 hours of vehicle delivery to the receiving entity and shall be made out in the name of the ordering entity, providing the following: GVWR for the particular model specified, or; The GVWR required for the entity's written exception, or; A greater GVWR required by extra equipment, and; Nominal weight rating (in tons), Odometer Disclosure Statement. NOTE: Vendor should contact the ordering entity to obtain proper entity name and address for assignment of the MSO. 11. PRE -DELIVERY SERVICE All units (including cab and chassis units) shall include new vehicle pre -delivery service. The following service shall be performed before the units are delivered to the receiving entity: 1. All fluid levels checked and maintained with the proper grade and type of fluids. 2. Pre -Delivery inspection and service on chassis. 3. The interior and exterior of the unit shall be clean and freshly washed at time of delivery. 4. A minimum of'/a tank must show on fuel gauge when delivered. When so specified in the Invitation to Bid (ITB), the awarded vendor(s) or their representative who is responsible for the final delivery shall attach signed certificates to the units stating that the above service was performed and that inspection indicates they are in good condition and ready for delivery. Unless specifically permitted by the ordering entity, vehicles shall be equipped will all accessories as stated in the purchase order prior to delivery. Generally, the unfitting or servicing of ordered vehicles on the premises of the ordering entity is not permitted. All shipping tickets shall reference the applicable entity purchase order number(s) and will accompany each delivery shipment. If shipping tickets are received without applicable entity purchase order number(s), delivery may be rejected at entity's option. Window sticker shall remain attached to the vehicle. The vendor shall provide an official and acceptable weight certificate, when applicable and required for vehicle registration. This section excludes cab and chassis vehicles delivered for later upfit. 12. VENDOR DELIVERIES Vendor shall prevent undue delay or imposition upon City of Lubbock personnel at the time of delivery. City of Lubbock will not provide equipment (crane, winch, etc.) or assistance for unsaddling piggybacked chassis, off-loading convoyed units, or other delivery processes. 13. WARRANTY, SERVICE, AND SERVICE CONTRACTS WARRANTIES, ACCESSORIES: The awarded vendor(s) shall furnish a copy of the manufacturer's standard warranty on minor accessories such as batteries and tires and major accessories such as Dump, Stake, Platform and Utility Bodies, side -mounted tool compartments and tool boxes at the time of delivery to the receiving entity. WARRANTIES, NEW VEHICLE: The awarded vendor(s) shall furnish the receiving entity a New Vehicle and/or Chassis Manufacturer's Warranty which will be honored by any of the manufacturer's authorized dealers. This warranty shall be comparable to or better than those offered to the general public. Passenger cars and light -duty trucks shall have a minimum warranty offered to the general public (not commercial trade). Minimum warranty shall be at least 3/36,000 bumper to bumper with a power train warranty of 5/60,000. Bidder shall indicate the length (in years and miles) of the OEM new vehicle warranty on each of their responses to bids based on this specification. Vendor shall furnish a complete copy (detailing coverage and exclusions) of the new vehicle warranty to agencies with each vehicle delivered. Vendor shall also provide an additional copy within 10 working days after request. WARRANTIES, DEDUCTIBLES: All warranty repairs shall be performed without accessing the ordering entity warranty deductibles. Awarded vendor(s) shall be responsible for any warranty deductibles required for warranty repairs. WARRANTIES, DELAYED: Delayed warranties must be available for all vehicles. Warranty start date shall be effective the day the completed unit is placed into service. Vendor shall furnish a delayed warranty card/document with each unit delivered, advising entity personnel of the procedures to be followed for obtaining delayed start of warranty coverage. Requests for delayed warranties will not exceed 6 months after delivery. NOTE: If vendor fails to arrange for delayed warranty with OEM, vendor is responsible for all costs incurred to make appropriate repairs at any dealership in Texas, for up to 6 additional months. WARRANTIES, DEALER INSTALLED ITEMS: Awarded vendor(s) shall warrant all dealer installed items for quality and workmanship. Warranty shall include 100% coverage for all options, components and labor. Items #0-1 Diesel Tandem Axle Cab and Chassis #0-2 12 cu yd Munibody Dump Body Quantity(+/-) City of Lubbock ITB 23-16913-SB Tandem Axle w/ Dump Body BID TABLE Bruckner Truck & Equipment, Inc. Location San Antonio, TX Total Cost $170,530.00 Delivery UOM Brand Unit Price Days ARO Total Cost EA Volvo VHD $139,030.00 190-220 $139,030.00 EA Davis $31,500.00 190-220 $31,500.00 THIS BID IS SUBMITTED BY Submission information BRUCKNER TRUCK 8t EQUIPMENT, INC. a corporation organized under the laws of the State of TEXAS or a partnership consisting of or individual trading as of the City of LUBBOCK Tax ID No.: 75-0972825 Address: 1125 E. SLATON HWY City: LUBBOCK State: TX Zip: 79404 M/WBE Firm: Woman I Black American Native -- - - - -- _ .._ n.apr i Please complete the information below. By uthorized Representative - must sign by hand Officer Name and Date: // � /%2-- v Business Telephone Number©� 7 — ,9 �ji FAX: 09pc - 7 2 E-mail Address: .cow CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. 2022-957368 Bruckner Truck Sales, Inc. Lubbock, TX United States Date Filed: 11/18/2022 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: 11/21/2022 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. PO 31070477 Tandem Axle w/Dump Body Nature of interest 4 Name of Interested P Party City, State, Count lace of business tY, Country (P ) check applicable) ( pp ) Controlling Intermediary Gilliam, Cobe 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) Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V6.5.i.eob (eT4L CERTIFICATE OF" IN IERES IED PARTIES Foam 1295 Ctut 6M NM 1- 4 and 6 it there are interested parttea. OFFICE USE ONLY t7artpiM Nos 1. Z. 3, S. and 6 B $XT& are nowmested patels, CFRT�iCATM OF F[LM certificate Number. 12022-957368 1 Name# bus new ennui MUM form, and do city, s>ars wd tourney of tits burshrnas otrii" place of 1:11211111IM& Snxkw Thick Sates. trlc. Luw)oek, TX United Saes Drag Filed: 11/18/ W2 m orate a party m Co+Rradt City of Lubbock Date Ae mw4edged: 3 Provide erne identiliaMon number used by the governmental entity or stela agency to track or Identify the eontraM and provide a description oLthe saMees goods, or odwr property to be p►oAded under the contract PO 31070477 TandW Axle WDump Body d Us= of biterested Party City, Suer, Y (place of business) Natatro of interest (MpPft*I:") Gbam. Cobe Lubbodc. TX Una States X t3 hack only it tluma.la`NO Irtlarestnd Petty. 6 tiNSMAMN 09MAAPATION My name Is [ o �� t �; L /QM ant my data of lift Is � My address is Jt ��s r7L �'FsoV !�'�V �� A6K_ • �cl 0 _ 5:. . ' ti I dire under pen%airy of palwy that dte foMc*V is in* and conerx. Exeamed In L-+ rJ b f� aG�C t;,oimty, 1 of an tAe O_dav of '�20-2.1- She of 16cbW&df dlusffm enthy [oeaora+tf F ms provided byTexas EDO= Commission WWgvXMJCSstWe.tx.US Version V3.5.1.087042