HomeMy WebLinkAboutResolution - 2019-R0277 - PO With Remotec, Inc. - 08/13/2019 Resolution No. 2019-RO277
Item No. 6.19
August 13, 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. 10022102 for the purchase of Portable
Bomb Robot as per RFP 19-14771-SG, by and between the City of Lubbock and Remotec, Inc.,
of Clinton, Tennessee, 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 August 13.2019
JE GR PFITH,MAYOR PRO TEM
ATTEST:
L 14U�2� K
eb ca Garza, City Secretary
APPROVED AS TO CONTENT:
Jerry Br wer, nterim Chie Police
APPROVED AS TO FORM:
— VY �)7�40� '
J ar el ,Assistant City Attorney
vwxcdocs/RES.-PurchaseOrd 10022102—Portable Bomb Robot
July 26,2019
Page - 1
City of
Lubbock PURCHASE ORDER Date - 7/26/2019
T E X A S Order Number 10022102 000 OP
Branch/Plant 5711
TO: REMOTEC, INC. SIIIP TO: CITY OF LUBBOCK
353 JD YARNELL INDUSTRIAL PARI{ A POLICE DEPARTMENT
CLINTON TN 37716 916 TEXAS AVENUE
LUBBOCK TX 79401
INVOICETO: CITYOFLUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 B
Marta A var r,Diivctor of Purchasing S Contract Management
Ordered 7/26/2019 Freight
Requested 2/16/2020 Taken By S GONZALEZ
Delivery J WADKINS REQ 54251 RFP 19-14771-SG /PUR 14771
Description/Supplier Item Ordered Unit Cost Um Extension Request Date
Portable Bomb Robot 1.000 234,360.0000 EA 234,360.00 2/16/2020
Total Order
Terms NET 30 234.360.00
This purchase order encumbers funds in the amount of$234,360 awarded to Remotec,Inc.of Clinton,TN,on August 13 ,2019.
The following is incorporated into and made part of this purchase order by reference: RFP 19-14771-SG dated July 16,2019 from
Remotec,Inc. of Clinton,TN. Resolution# 701 9-R0977
CITY OF LUBBOCK ATTEST:
Ad AP J
Rebecca Garza, ity ecretary
JE IFFI , MAYOR P 0 TEM
PURCHASE ORDER TERAS
AND CONDITIONS
IMPORTANT:READ CAREFULLY
STAN DARDTERMS AN D CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
I.SELLER TO PACKAGE GOODS.Seller will package goods in accordance with good commercial practice. 15.TERMINATION Ill,Blaen rum Iertminmc l vaneel thb Pit n itb t0 dal s writun notice to rhe Sella.The
Each shipping container shall be clearly and pcmlanently malitLd as follows (a) Seller's name and address, performance oCwork under this order maybe terminated in whole,or in pan by the Buycr in accordance with this
(b)Consignee's name,address and purchase odcror purchase release number and the supply agreement number provision. Termination of work hereunder shall Ile•effected by ilia delivcnof the Seller of a"Notice of
if applicable.(c)Container mamba and total number of containers,c.g.box I of 4 boxes,and(dl the number Tennination"specifying the extent to which prrfomance of•work under tile' order is terminated and tin date
of the container bearing the packing slip.Seller shall hear cost of packaging unlcis otherwise provided. Goods upon which such termination becomes effective. Such right or termination is in addition to and tar in lieu of ilia
shall be suitably packed to Secure lowest transportation costs and to conform with requirements of common rights of Buyer set forth in Clause 14,herein.ll this 14)is terminated 61r lite•anocuivnce of Cir,of Lubbock.
tamers and any applicable specifications.Buyer's count or weight shall be final and conclusive on shipments Supplier+,ill be annprnsated to the cyte.,that items have hero deliwrrcd In City Of Lulst+oxk prior to the
not accompanied by packing lists. ctcctiva date nftennin:nivri.
2.SHIPMENT UNDER RESERVATION PROHIBITED. Salla is not anthorizd to ship the goods under IG.FORCE MAIEURE.Neither pony shall be held responsible for losses,resulting if the fulfillment of any
reservation and no tender ofa bill of lading Will operate as a tender ofgoods. terms of provisions of this contract is delayed or prevented by any cause not within the control of the party
3.TITLE AND RISK OF LOSS.The title and risk of loss of the goods shall not pass to Bu)er until Buyer whose performance is interfered Willi, and w•lmich by Ilse exercise of reasonable diligence said party is
actually receives and takes possession of the goods at llc point or points of delivery. unabhe to prevent,
4.NO REPLACEMIENT OF DEFECTIVE TENDER.Every tender of delivery of goods most Fully comply 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of
Willi all provisions of this contract as to theta of delivery,quality and the like If a tender is made which does net any obligation Where al Sellar without the written ineffective
of tie purpose
unless
attempted assignment or
delegation p Seller shall be wholly void and totally ineffective for all purpose unless marc inconformity with
Cully conform,this shall constitute a breach and Sella shall not have the right a substitute'a conforming tender, this paragraph.
provided,where Ile time for performance has net yet expired,the Seller may reasormably notify Buyer of his
intention to cure and may then make a conforming tender within Lite contract time bill not aRenvard. 18.WAIVER.No claim or right arising out ora breach of this contract can be discharged in whole or in pan
S.INVOICES&PAYMENTS,a,S c 1 I c r shall submit separate invoices,in duplicate,one each purchase by a waiver or renunciation or lite claim or right unless lire waiver or renunciation is supported by
order or purchase release after each delivery.Invoices shall indicate the pnrchasc order or purchase release consideration and is in writing signed by the aggrieved party.
number and the supply agreement number ifapplicable. Invoices slnll be itemized and transponnion charges. 19. INTERPRETATION-PAROLE EVIDENCE, This writing, plus any specifications for bids and
if any,shall be listed separately.A copy of the bill or lading,and ilia freight waybill when applicable,should performance piuvidLd by Btrycr in its advmtiscuem for bids,and any other documans provided by Sella
be atached to the invoice.Mail To: Accounts Payable,City of Lubbock,11.O.Box 2000.Lubbock,Texas as pan of his bid,is intended by the parties as a Fail expression of their agrecmment and intended also as a
79457. Payment shall not benne until One above insuunents are SuMnittcd a0cr delivcmy. complete aid exclusive statenent or the tenns of"their agreatuent. Wlenaver a lcmn defined by the
G.GRATUITIES.Tile Buyer may,by written notice to the Seller,caned this contract without liability to Unifann Commercial Code is used in this agreenuenL the definition chntained in Lite Codc is to control.
Seller if it is determined by Buyer that gratuities,in the form of entertainment.gifus or otherwise,were offered 20.APPLICABLE LAW.This aerccrnant shall be govemcd by Ilia Unifonn Commercial Code.Wherever
or given by the Seller,or any agent or representative of the Seller,to any officer of employee of the City of lite term"Uniform Conuuereial Code"is used,it shall be constmed as mt=ing the Unifomh Commercial
Lubbock with a view to securing a contract or sceallog ravomhle treatment with respect til the awarding or Code as adopted in the Sate of Tcsas as cffcowc and in force on the date ofthis agreement.
amending,or the making or any determinations with respoct to ilia perlbtnting of such a contract.In the evont
this contract is canceled by Buyer pursuant to this provision,Buyer•shall be entitled,in addition to any other 221.RIGHT TO ASSURANCE.Whumcwer one party to this contract in good faith has reason to question
rights and remedies,to recov"or w•itlhliold the amount of the cost incurred by Scllcr in providing suchgnmuitia. the other parry's intent to perform he may demand that rhe olma parry give written assurance of his intent to
perfonn.In the event that a dennand is maul:awl n,assurance is given within five(5)days,the demanding
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price staled on the fee Thereof includes the cost or any party nay treat this failure as an anicipaory repudiation of the contract.
special tooling or special test equipment Fabricated or required by Seller for the Purpose of filling this order, 2.INDEMNIFICATION.Seller shall indcinnil'y,keep and son hannlL•ss the Btrycr,its agents,officials and
such special tooling feasible
shall
and any process sheets related thereto shall henna the'properly of the Buyer employees,against all injuries•dealu,loss,damages,clainhs,patent claims,suits,liabilities,judgments,costs
and to the extent feasible shall be identified by the Seller as such and expenses,which may in anywise acme against the Buyer in consequence of the granting of this Contract
S.WARRANTY-PRICE.a.The pries to be paid by lite BuyL•r$hall Is that contained in Seller's bid which or whhich 1113}anwvaWa result tIl=Fronm Mictlier or not it skull be alleged or determined that the act was
Seller waffmits to be re'higher than Seller's current process on orders by outlets Ibr products or the kind and caused through negligence or emission orthe Seller or its Lrnpoyeu,or of the subSeller or assignee or its
specification covered by this agrement for similar quantities ander similar of like conditions and methods of employees,if any,amt Lite Scllcr shall,at his own expense,appear,delbnd and pay all charges oC atlamays
pumbasc.In the event Seller breaches this vanaray,Lite prices of the items shall be reduced to the Seller's and all costs and other expenses arising therefrom of incurred in connection therewith,and,if any judgment
current prices on orders by others,or in the altenutive.Buyer may cancel this connect without liability to shall be moderd against the Buyer in any such action,the Seller shall,at its own expemes,satisfy and
Seller for breach or Seller's mrL131 expense b.Tile Seller wulranis that rte person or selling agency has been discharge the s3n1a S:IIct•expressly understands mid agrees that any band required by this contract,or
Lrnployed or retained to solicit or secure this contract upon 311 agreement or understanding fm• Otherwise provided by Seller,shall in nn way limit lite responsibility to indemnify,keep and save harmless
commission,percentage,brokerage,or contingent fee excepting bona ride employees of bona fide established and defend the Buycr as herein provided.
commercial or selling agencies maintained by the Seller for Lite purpose or securing business.For breach of
eieiation of this warranty the Buyer shall have the right in addition to any,other right of rights to cancel this 23.TIM'IE.It is hereby expressly agreed and understood that time is of the essence for ilia performance of
contract without liability and to deduct from ilia contract price.or othenwbc recova without liability and to
deduct from the contract price,or olmenvisc recover Lha full:unount OCsuch commissimm,paccnagc,bmkcmgc this contract,and failure by comma to meet the bane specifications of this agreement will cause Seller to
or contingent fee be in default o 1`1111S agreeflVol.
9.WARRANTY-PRODUCT. Scllcr shall not limit or exclude any implied warranties and any attempt to do 24.MBE.The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
so shall rcnda this contract voidable at the option of ilia Buy'e'r.Seller warrants that file goods fumished ,ill pursuant to this request,minority and women business enterprises will be afforded equal oppanunities to
confonn to the specification,drawings.and descriptions listed in the bid invitation,and to ilia minple(s)furnished submit bids in response to this invitation and will not be discriminated againsl on Ile grounds of race,color•
by the Scllcr,if any. In the cwcnt Of a conflict or Ila-wcun the specifications,drawings,ami descriptions,Una ses or natuml origin in consideration far an award.
specifications shatIl govern.Notwithstanding any provisions contained in the contractual agreement,the Seller 25.NON-ARBITRATION.The City reserves ilia tight to exercise any right or remedy to it by law,contract,
represents and warrants(ault-free palornumcc and fhull-free result in the processing date and date related data equity,or otherwise,including without linihation,ilia right to seek any and all Cores of relief in a court or
(including,bre not limited to calculating,comparing and scglacncing)of all hardware,sofware'and firmware competnn jurisdiction.Furth".the City stall not be subject to any,arbitration process prior to exercising
products delivered rad services provided land"This Contract,individually or in combination,as lite case may its unrestricted right to seek judicial remedy.The remedies ser thrift herein arc cumulative and not exclusive
be from Ile c5:Ttiec date of this Contract.The obligations conainal herein apply to products and scn•ices and ilia)-be exercised concurrently-To the extent of any conflict between this provision and another provision
pmvit d by the Seller,its stib-Seller or any third party involved in the n'carion or developmcol of the products in,or related to,this donunent,this provision shall control.
and services to be delivered to the City of Lubbock under this Contract.Failure to comply with any of tie
obligations contained herein,may result in the City or Lubbock availing itself of any of its rights undo the 26.RIGHT TO AUDIT.At any time during the temp or the contract,or thereafter,ilia City,or a duly
law and under this Contract including,but not limited to,its right pertaining to lcmtination or dcfadt.The authorized audit representative of the City of ilia State of Tcsas,m its expense and at reasonable times,
warranties contained herein are separate and discrete from any oler warranties specified in this Contract, nescives ilia right to audit Contractor's records and books rehv'ant to all services provided to the City under
and are not subject to any disclaimer of warranty,implied or expressed,or limivation or the Seller's liability this Contract.In lite event such an audit by le City reveals any Ln•ors or overpayments by the City,
which may In specified in this Contract,its appendices.its schedul:s,its annexes or any document incorporated Contractor shall refund to City the Poll amount of such overpayments within thirty(30)days Of such
in this Contract by refcrcnw. audit findings.or the City,at its option,reserves the right to deduct such amounts owing the City front any
pavmmis duc Ctom ictor.Nothing herein shall requiu:C,xaraotur to Ino,ill,its payroll.binge benciits.
10.SAFETY WARRANTY.Seller warrants that the product sold to tine Buyer shall confonn to the standards genewl and admini'maile whams"',ovrrhea 1.csl of g.rnF sold Orlm.fits,
promulgated by the U.S.Daparhnent of Labor under the Occupational Safety and Health Act of 1970.In le
avant rte product does not conform to OSHA standards, Buyer may return ilia product for correction or 27.HOUSE BILL 2015.Ilousc Bill 2015,sighed by tine Governor on June 14,3013 and effective on January
replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a 1,2014,anthorizes a penally to be imposed on a person who contracts for certain services with a govcmnental
reasonable time,conation made by Buyer will be at lite Seller's expense. entity and who Fails to property classify their workers.This applies to subcontractors as well.Contractors and
subcontractors who fail to properly classify individuals performing work under a govenmtental contract will be
t L NO WARRANTY BY BUYER AGAINST INFRINGEMENTS.As pan of this contract for sale Seiler penalized 5300 Ibr each individual that has been misclassifiud.(Texas Govcmnhent Code Section 2155.001).
agrees to ascLrtahl whether goods nunufactur d in accordance with lee specifications attached to this agmunent
Will give rise to the rightful claim of any third person by way of infringement of the like.Buyer makes no 2-8-ASSIGNING Olt SUBLETTING TIDE CONTRACT.The Contractor shall noI assign or sublet the coniraci,
warranty that the production of goods according to the specification will not give rise to such a claim,and in no or any, portion of Ilia conlract, without written consent from the Director of Purchasing and Contract
event shall Buyer be liable to Seller for imanmification in the event(mat Seller is sued on the grounds of Management. Should consent be given,le Contractor shall insure the Subcontractor or shall provide proof on
infringement of the like.If Seiler is of the opinion char an infringement or the like will result,he will notify the insurance f•on1 ilia Subcontractor that complies With all contract Insurance requirements.
Buy"to this effect in writing within two weeks aficr•the signing of-this 3grrment.If Buyer does not receive 29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES.House Bill 1295,adopted by the 34th
notice and is subselluenlly held liable for ilia infringenieat or the like,Seller will save Buyer harmless. If Legislature,created 322252.908,Texas Government Code.Section 2252.903 requires a business entity entering
Seller in good faith ascertains the production of le goods in accordance with the specifcoiiors will result in into certain contracts with a govowncral entity or state agency to file with the governmental entity or state
infi•ingement orthe like.thecontrnci shall be null and void. agency a disclosure of interested panics at le time the business entity submits the signcd contract to the
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the govcrnnwntal eniily' or sae 3f'.0 v. Instmaium' for completing Foran 1295 are available m;
availability of an annual appropriation for this purpose by tic City,In Ilene event ornonappropriation of funds hap.. lith .i.lubla+ek.i,u•:drp,nvnrnt,il•website•.dcp,uhnlents purchasing sendor-inlnmm:n ion
by the City Council of the City of Lubbock for the goods or services provided under the contract,the City will 30.CONTRACTOR ACKNOWLEDGES.by supplying any Goods or Services Umat the Contractor has read,
terminate the contmet,without tennination charge or other liability,on ilia last day of the then-culenl fiscal fully understands,and will be in full compliance with all teams and conditions and Ute descriptive material
year or when the appropriation made for the then-current year for the goods or services covered by this contract contained herein and any additional associatd documents acid Amendment&Tile City disclaims any terms and
is spent,whichever event occurs first. If at any time funds are not appropriated for the continuance of(his conditions provided by the Contractor unless agreed upon in writing by ilia partial.In the event of conflict
contract,cancellation shall be accepted by the Seller ver thirty(30)days prior written notice,but failure to give balw•een these teals and conditions and any tens and conditions provided by ilia Contractor.the tens and
such notice shall be of no effect and the City shall not be obligated under this contract beyond le data of conditions provided herein shall prevail.The tams and condition'provided herein are the final terms agreed
termination. upon by the parties,and any prior connicting terms shall be of no force or effect.
13.RIGHT OF INSPECTION.Buyer shall have(he right to impact the goads at delivery before accepting 31.By accepting this PO,contractor acknowledge'that pursuant to Section 2270.002,Govemment Code,(a)
them This section applies only to a contract that:(1)is between a governncmal entity and a company with 10 or
14.CANCELLATION.Buyn shall Iavc the right to cancel for default all or any pan of the undelivered more full-time employees;and (2)has a value of 5100,000 or more That is til be paid wholly or pamly
portion of this order if Seller breaches any of ilia terms hereof including warranties of Seller or if lite Seiler from public funds of the governnenal entity. (b)A governmental entity may not enter into a contract With a
becomes insolvent or commis acts of bankruptcy.Such right of cancellation is in addition to and not in company for goods or scr•iccs unless Ilse contract contains a written verification from the company that
lieu ofanyodur remedies which bm'cr rent'have in Lwv or equity. it:(1)doe's not boycott Israel;and(2)will not boycott Israel during the teen of the contract..
City of Lubbock,TX
RFP 19-14771-SG
Portable Bomb Robot
Best and Final Offer
(To be completed and returned with Proposal)
ITEM Description LUMP SUM
Portable Bomb Robot,with all accessories,warranty and training as
specified herein,
1 *Price should include: g 234,360.00
A. Five Year Extended Warranty
B.Technical Support
C.Training
V-
City of Lubbock,TX
RFP 19-14771-SG
Portable Bomb Robot
Product Specifications
• Dimensions •Width: 1625" (base system);2425" with optional wheels • Length: 28.75"
(articulators folded); 51.5"(articulators extended)
• Weight• 135 lbs. (base system, including manipulator)
• Mobility •All-terrain with four articulated tracks •Slope:45Q including stairs •Speed:0 to 5+
mph (tracks only);7.5+ mph with optional wheels •Turning: Within the length of the vehicle
• Manipulator • Quick-release manipulator • Variable Speed Control for precision • Control
methods: - "Fly the Gripper" -Joint-by-joint- Preset Positioning •Torso rotate+/- 180Q -
Shoulder-90Q to+13SQ • Elbow+/- 13SQ • Wrist /- 13SQ • Grip rotate:360Q continuous
w/feedback • Gripper:O"to 4"
• Open/close; 0-45 lbs. pressure - Lifting: 10 lbs. at full extension; 15 lbs. close to platform
• Cameras Survei(lance: •Color camera with Night Vision(1R)switching•216:lzoom •
Pan/tilt/with 360Q pan;+/-90Q tilt •Auto/Manual Focus and Iris• White Light/IR LED
illumination Arm: •Colorcamera with fixed focus •Auto Iris• Integrated white light LED ring
Front Drive: • Color camera with fixed focus • Auto Iris• Integrated white light LEDs Rear
Drive:-Color camera with fixed focus •Auto Iris
• Audio •2 Way Audio System with weatherproof speaker and
microphone Environmental • IP65
• Power• BB2590 Batteries•3 hour continuous driving run-time
OperatorControl Unit-Advanced Software/Graphical
• User Interface•Cabled, hand-held control unitwith colortoucllscreen& integrated tactile
controls-
• 8.4"Daylight readable screen•Xbox-stylecontroller•2-way audio•Vehicle Mount Kit
• Communication • W COFDM,No License Required(NLR)w/Vehicle Mount Kit- SOOm+ Line
of Sight (LOS) -350m Non-line of sight (NLOS) • SW COFDM, License Required w/Vehicle
Mount Kit-600m+ Line of Sight(LOS)-SOOrn Non-line of sight(NLOS) - Fiber optic reel
available as an option
• Optional Accessories -Tool less, quick-release wheels •.Thermal imager• Recoilless disruptor
mount• Supports various sensors.Call Remotec Sales for the current list.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
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. 2019-522401
Remotec, Inc.
Clinton,TN United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/29/2019
being filed.
City of Lubbock Police Department 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.
PO#10022101 Portable Bomb Robo
Andros Titus robot with accessories and training
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is Cynthia Williams and my date of birth is
My address Is 353 JD Yarnell Industrial Parkway Clinton TN 37716 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Anderson County, State of TN on the 30 day of duly 20 19
(month) (year)
Signat of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c
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. 2019-522401
Remotec, Inc.
Clinton,TN United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/29/2019
being filed.
City of Lubbock Police Department Date Acknowledged:
07/30/2019
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#10022101 Portable Bomb Robo
Andros Titus robot with accessories and training
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c