HomeMy WebLinkAboutResolution - 2023-R0350 - PO 31074863, Lubbock Truck Sales, Inc - 07/11/2023Resolution 2023-R0350
Item No. 5.18
July 11, 2023
RESOLUTION
BE IT RESOLVED BY THE CI1'Y COUNCIL OP THE CITY Ol� 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 31074863, for One (1) Class 8 Single
Tandem Axle Chassis Truck with Roll-Off Container, by and between the City of Lubbock and
Lubbock Truck Sales, Inc., per ITB 23-17329-EG and all 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 July 11, 2023
ATTEST:
C rtney Paz, City � ecretary
APPROVED AS TO CONT�NT:
�1�.1����,-.
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
��-�- -
Rachael Foster, ssistant City Attorney
ccdocs [IIRES.PO 31074863- Lubbock "fruck Sales, Inc.
6.29.23
�rr. ���of
Lubb o ck
TEXAS
PURCHASE ORDER
TO: LUBBOCK TRUCK SALES INC
1801 E SLATON HWY
LUBBOCK TX 79404
Page -
Date -
Order Number
Branch/Plant
1
6/27/2023
31074863 000 OP
3526
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY.
Marta Ivarez, Director of Purchasing & Contract Management
Ordered 612 712 0 2 3 Freight
Requested 1/26/2024 Taken By
Delivery PER B RODRIGUEZ REQ 60424
ITB 23-17329-EG
E GARCIA
If you have any questions, please contact Breana Rodriguez. Email: BreanaRodriguez@mylubbock.us Phone: 806-775-2374
Description/Supplier Item
2024 Freightliner M2l 12 Truck
Terms NET 10 EOM
Total Order
207,672.00
This purchase order encumbers funds in the amount of $207,672.00 awarded to Lubbock Truck Sales, Inc. of
Lubbock, TX, on luly 11 , 2023. The following is incorporated into and made part of this purchase order by
reference: Quote dated June 13, 2023, from Lubbock Truck Sales, Inc. of Dallas, TX, and ITB 23-17329-EG.
Resolution # 2023-R0350
C BOCK:
ay P ne, yor
Ordered Unit Cost UM Extension Request Date
1.000 207,672.0000 EA 207,672.00 1/26/2024
EST:
rtney Paz, City S retary
�� �i ��Ty of
Lubbock PURCHASE ORDER
TEXAS
TO: LUBBOCK TRUCK SALES INC
1801 E SLATON HWY
LUBBOCK TX 79404
Page -
Date -
Order Number
Branch/Plant
1
6/27/2023
31074863 000 OP
3526
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alv ez, Director of Purchasing & Contract Management
Ordered 612712023 Freight
Requested 1/26/2024 Taken By
Delivery PER B RODRIGUEZ REQ 60424
INSURANCE REQUIRED:
E GARCIA
ITB 23-17329-EG
Commercial General Liabilitv: Workers Comaensation and Emnlover Liabilitv:
$1 M occurrence 1$2M aggregate (can be combined with an Statutory. If the vendor is an independent contractor with no
Excess Liability to meet requirement). CGL is required in ALL employees and are exempt from providing Workers'
contracts. It is perhaps the most important of all Compensation coverage, they must sign a waiver (obtained
insurance policies in a contractual relationship. It insures the from COL Purchasing) and include a copy of their driver's
Contractor has broad liability coverage for contractual activities license. Employer Liability ($llVn is required with
and for completed operations. Workers Compensation.
Commercial General Liability to include Products — Additional Policies: N/A
Completion/OP, Personal and Advertising Injury, Contractual
Liability, Fire Damage (any one fire), and Medical Expenses
(any one person).
Automotive Liabilitv:
$1M occurrence is needed.
*The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary
and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are
required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day
written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better.
*Subcontractors must ca same limits as listed above.
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. bv suoolvme anv Goods or Smica that �he Convacror has rcad. Pollv
understands. and will be m full cortroliance with all �em�s and condi�ions and the d�srnouve matenal containcd hercin
and anv additional azsoaated documen�s and Amendments. The Ci{y d�scla�ms anv Irnns and conditions prov�ded bv
the Contraaor unless aereed uoon m wndne bv Ihe uarties. In Ihe evem of conflicl between �he Cav's terms a�
co�it�onc and anv Imns and condnions provided by lhe Contractor. �he lemts and condnions pmvided herein shall
orevail. The temts and w�i�ions yrovided haein are the final �rnns aereed upon bv �he partia. and anv onor
conflictine �rnns shall be of no force or effect.
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commereial prac�ice.
Each shipping container shall be clearly and pemanenlly marked az(ollows (a) Seller's name and addras, (b)
Consignee's name, addras and purchase order or purchase releaze number and �he supply agreement number if
applicable, (c) Container number and rotal number of wntainers, e.g. box 1 of 4 boxa, and (d) the number of �he
conta'u�er bearing �he packing slip. Seller shall bear cost of packaging unlas othmvix provided. Goods shall be
suiubly packed to saure lowat traruponation cos�s and to conform with requirements of common carriers a�d any
applicable specificalions. Buyer's coum or weigh� shall be final and conclusive on shipments no� accompanied by
packing lisis.
2. SHIPMENT UNDER RESERVATION PROH[BITED. Selln is no� au�horiud to ship the gaods unda
resrnalion and no tenda of a bill of lading will operate as a lender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer wlil Buyer aaually
receives and taka possasion of the goods at �he point or pomts of delivery.
4. NO REPLACEMEM' OF DEFECTIVE TENDER Every �ender of delivery of goods mus� fullycomplywilh all
provisionc of this contract as �o time of delivery, quality and �he li7ce. Ifa tender is made which does not fully confomi,
this shall consli�ute a brcach and Seller shall not have the nght to subs�i�ule a conforming tender, provided, where the
time for perfomunce has not yet expired, the Selltt may rcasonably notify Buyer of his intention �o cure and may
then make a confom�ing tenda within the contract lime but not aftenvard.
5. INVOICES & PAYMENTS. a S e I 1 e r shall submn separa�e invoica, in duplicate, one each purchase order or
purchax rclease after wch delivery. Invoica shall mdiwte the purchase orda or purchase rclease number and
Ihe supply agrmment number if applicable. Invoica shall be itemiud and transportation charga, if any, shall be
listed xpara�ely. A rnpy of Ihe bill of lading, a�d �he Beight waybill when applicable, should be attachcd to the
invoice. Mail To: Accounts Payable, Ci�y of Lubbock, P. O. Box 2000, Lubhock, Texas 79457. Payment shall no�
be due until the above inslrumenls are submitted aRer dehvery.
6. GRATUITIES. The Buyer may, by wri11rn notice to Ihe Sella, cancel this conlratl withoul liability to Seller if
i� is detmnined by Buytr that grawi�ies, in the form of rntertainment, gifls or othernise, were ofiaed or given by �he
Seller, or any agrnt or representalive of the Seller, to any o�cer or employee of �he City of Lubbock with a view to
securing a contract or securing favorable trwtment with rapect w �he awarding or amending, or �he makmg of any
detrnninations with rcspec� ro �he per(o�ming of such a contract. In the event Iha contract is canceled by Buyer
pursuant to Ihis provision, Buyer shall be entitled, in addi�ion �o any other nghts and remed�es, lo recover or wi�hhold
�he amount of the cosl incuned by Sella in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. 1( Ihe price stated on Ihe face hereof i�ludes the cm� o( any special
�ooling or spccial �at equipmem fabricated or requ'ved by Seller for �he purpose of fill�ng �h�s order, such special
�ooling equipment and any pracess shcets relaled �hereto shall become �he property of the Buyer and to the extrnt
feasible shall be identified by Ihe Selltt u such.
8. WARRAKI'Y-PRICE. a The price lo be paid by the Buyer shall be thal conlained in Seller"s bid which
Seller wartanls lo be no higher �han Seller's currrnt pmcess on orders by others Por pmducts of �he ki� and
specifiwtion covered by Ihis agreement for similar quantitia wda similar of I�ke conditions and methods of purehase.
In the went Seller brcaches �his warranty, Ihe prica of Ihe items shall be rcduced to �he Seller s currcnt prica
on orders by others, or in the altemalive. Buyer may cancel this contract without liab�hty to Selltt (or breach
or Selkr's actual expense. b. The Sella warran�s �ha� no person or ulhng agency has been employed or relained to
solici� or securc this wntad upon an agreement orunders�andmg for wmmission, percm�age, brokerage, or comingent
fee excepting bona fide employxa of bona fide established commercial or sellmg agencies maintained by Ihe Seller for
�he pwpou of securing business. For brcach of viciation of lh�s warranly the Buyer shall have lhe right in addi�ion lo
any o�her right of righu to cancel this comract wi�hout liabihty and �o dcduct from the comrsct pnce, or othmvise
recoverwithout liabilityand to dedua from the contract price, oro�hmv�se rccover �he full amoum ofsuch co�mnission,
percmtage, brokerage or comingenl fee.
9. WARRANTY-PRODUCT. Sella shall �rot limit or exclude any �mplicd warrantia and any altempt lo do so shall
rcnda this contracl voidable at �he option of �he Buyer. Seller wartants that �he gaods fum�shed wJl wnform to the
specification, drawings, and dacriptions listed in the bid invitation, and to the umple(s) fum�shed by the Seller, ifany.
In the event of a con0icl or betwcen �he specifications, drawmgs, and darnp�was, the specdiwuona shall govem.
Nohvithttanding any provisions contained in the wntreaual agreement, �he Sella represents and warranls Fault-Gee
perfortnanceand fault-frce rault in the procasing date and date related dala (including, but �rot limited to wlculating,
comparing and sequencing) of all hardware, software and firtnware producls delivered and servica provided under
Ihis Conlract, individually or in combination, as the case may be from �he effeaive date of this Conlracl The
obligations contained haein apply to ploducts and services provided by �he Seller, its sub- Seller or any third party
involved in Ihe crea�ion or development of the produc�s and services to be delivered to the City of Lubbock under this
Contrad. Failurc to comply with any of Ihe obligaliort� contained herein, may rault m Ihe Cily of Lubbock
availing itself of any of i�s rights under Ihe law and wderthis Contraq including, but not limited �o, i�s righl pMaining
to �amination or deFaulL The wartan�ia contained herein arc separate and discrete from any other wartamies
specified in Ihis Contraa, and are not subjecl to any disclaima of warranry, implied or exprused, or limi�ation of the
Seller's liability which may be specified in Ihis Contract, its appendica, its xhedula, its annexes or any documem
incoryorated in this Conhact by rc&rence.
10. SAFEI'Y WARRANTY. Seller wartants �hat the pmdua sold ro the Buyer shall confom� to �he standards
promulgated by �he U. S. Depanmrnt of Labor unda Ihe Occupational Saftly and Health Act of 1970. In Ihe event �he
product doa no� confom� to OSHA standards, Buyer may retum �he product for cortection or rcplacement at �he
Seller's ezpense. In the event Sella fails to make the appropria�e corteaion within a reasonable time, cortection
made by Buy+er will be at �he Seller's expense.
11. NO WARRANPY BY BIJYER AGAINST INFRINGEMEMS. As part of this contraa (or ule Sella agrea
to ascenain whe�her goods manufactured in accordance with the specifications auached to th�s agrament will give
rise to Ihe rightful claim of any third person by way of inGingemenl of lhe like. Buyer maka no warranty Ihal the
production of goods according to Ihe specification will no� give rise to such a claim, and in no evrn� shall Buyer be
liable �o Seller for indemnificalion in Ihe went �hat Seller is sued on Ihe �ounds of infringement of the like. If Seller
is of Ihe opinion �hat an inGingement or the like will rault, he will no�ify the Buyer to Ihis effecl in wriling wilhin two
weeks afta the signing of �his agreement. If Buyer doa not receive nolice and is subsequenlly held liable for
lhe infringement or Ihe like, Seller will save Buyer harmless If Seller in good faith ascertams the produaion of the
goods in accordance with Ihe specifica�ions will result in infringement or �he like, the conlract shall be null and vo�d
12. NON APPROPRIATION. All Ponds (or paymenl by Ihe City unda Ihis contract are subjat lo the availability ofan
annual appropriation for �his pwpose by the Cily. In the wrnt of nonappropriation of funds by Ihe City Council ofthe
Ci�y of Lubbock for Ihe goods or services provided under �he contrac�, �he City will tmnina�e the contract, wnhout
�ermina�ion charge or other liability, on the last day of the thm-currcnt fival year or when the appropriation made for
�he then•current year for the goods or smica wvercd by �his conlwcl is spent, whichever event occurs first. If a� any
lime funds are not appmpriated for the cominuance of this wntracl, cancella�ion shall be accep�ed by the Sella on
thirty (30) days prior wriurn notice, but failurc to give such notice shall be of no efTec� and the Cily shall no� be
obligatcd under Ihis conlracl beyond �he date of trnnination.
13. RIGHT OF MSPECTION. Buyer shall have the right to mspecl Ihe goods at delivery before accepling them
14. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of �he undelivered ponion of
Ihis order ifSeller breacha any of Ihe lem�s haeof including wa�ranties of Seller or if Ihe Sella becomes insolvent or
commits acts of bank`uptcy. Such right ofcancellation is in addi�ion �o and not in lieu of any other remedies which
Buyer may have in law or equity.
I5. TERMINATION. The performance of work under Ihis order may be terminaled in whole, or in part by Ihe Buya
m accordance with �his provision. Trnnina�ion of work hereunder shall be e(fecled by �he delivery o( the Seller c
a"Notme of Trnnmauon" specifying the ex�rnt w which performance o(work under the order �s te�mmatcd and th
da�e upon which such telmination becomes efTec�iva Such right or �ertnination is m addnwn to and not in heu of th
righis of Buyer set foMh in Clause 14, herein.
16. FORCE MAJEURE. Neither pany shall be held «sponsible for lossa, resultmg dthe fulfillmem o( an
tem�s o( provisions of Ihis cont2ct is delayed or prcvented by any cause no� withm �he contml of the party whos
perfortnance i� inter&red with, and which by Ihe exercise of reazonable dilige�e said pany is unable �o prcvenl.
17. ASSIGNMENT-DELEGATION. No right or interat in this conlrect shall be atsigned or delegation of an
obligation made by Seller without the wrntrn pertnivan of the Buyer. Any auempled azsignment or delegation b
Sella shall be wlwlly void and lolally ineffective for all puryose unlas made in conformitywith ihis paragroph.
18. WAIV ER. No claim or right arising oul of a breach of ihis contrzct can be dischalged in whole or in pan by
waiver or rcnunciation o( Ihe claim or right unless the waiver or renunciation is supponed by contideration and is �
writing signed by �he aggrieved party.
19. INTERPRETATION•PAROLE EVIDENCE. This writing, plus any spaifiwtions for bids and performanc
provided by Buyer in its advertisement (or bids, and my otha documents provided by Seller ac part of his bit
is intended by �he parties az a final expression of �he'v agreemem and intended also as a complete and exclusiv
sta�ement of the terms of �he'v agrcement. Whenever a �mn defincd by the Uni(o�m Commercial Code is used in thi
agrmnent, the definition contained in the Code is to contml.
20. APPLICABLE LAW. This agrmment shall be govemed by �he Uniform Commacial Code. Whaever the �em
"Uniform Commercial Code" is uud, i� shall be construed as meaning the Uniform Commercial Code as adopted i
the State o( Texas as effalive and in force on Ihe date of Ihis agreement.
21. RIGHT TO ASSURANCE. Whe�rever one party to this contraa in gaod faith has reason to qua�ion �he othe
party's intrnt �o perform he may demand tha� �he aher party give wriUrn assurance of his intent to perfom�. In tM1
event that a demand is made arid no assurance is given within five (5) days, Ihe demanding parly may trea� �hi
failure as an anticipawry rcpudiation of the contract.
22. MDEMNIFICATION. Seller shall indemnify, keep and save harmless �he Buya, i�s agrn�s, oRcials an•
employees, against alI injuries, deaths, loss, damages, claimt, patrnt claims, sui�s, habilitia, judgmems, cos�s a�u
expensa, which may in anywise accn�e against the Buyer in consequence of the graming of this Comrza or whia
may anywise result �herefrom, whether or �rot it shall be allegcd or dmm�ined that �he act waz wused throug
neglige�e or omission of the Seller or its employees, or of the subSeller or assignee or its employea, if any, and �h
Sella shall, at his own expense, appear, deknd and pay all charga of atlomeys and all cos�s and otha expense
arising �herefrom of incu�red in wnnection theravith, and, if anyjudgmenl shall be rendered against the Buytr in an
such actioq the Seller shall, at its own ezpenses, u�isfy and discharge the same Sella expressly understands an�
agrees that any 6ond requ'ved by this wntraa, or othenvise provided by Seller, shall in no way limit th�
raponsibility lo indemnify, keep and save hamdas and deknd the Buyer as herein provided.
23. TatE, tl is haeby expressly agreed and understood lhat �ime is of �he cssence for �he paf'ormance of Ih�
contrsct, and Failure by contract to mee� �he �ime specificatiore of Ihis agreement will cause Seller to be in defaul
of this agreement.
24. MBE. The City of Lubbock hereby nolifia all bidders Ihat in rcgard to any contrsct rntered into pursuant u
this request, miirority and women businas emerprisa will be af%rded equal opportunitia to submil bids in respons�
to th�s invi�a�ion and will not be discriminated against on Ihe grounds of rzce, color, sez or nawral origin ii
wnsidera�ion for an award.
25. NON-ARBITRATION. The Ci�y resrna �he right to exacise any righ� or remedy �o it by law, con�act, equily, o
othenvae, including without limitalion, the righl to seek any and all form5 of rel�ef in a coun of wmpelen
jurisdictiaa Further, the City shall �rot be subject to any arbitration proceu prior to exercising ils unrcstricta
right lo seek judicial rcmedy. The remedia set (oNh hercin are cumulative and not exclusive, and may be exercisa
wncurrently. To the extent of any conFlict be�ween this provision and another provision in, or related to, lhis documenl
th�s prov�sion shall comml.
26 R1GHT TO AUDIT. At any lime during the tertn of Ihe contract, or �hereafter, the City, or a duly authoriuv
audil rcpresmtarive o( �he City or �he S�a�e of Texas, at ils expense and al reawnable �imes, resmes �he right a
audi� Contradors rccords and books rclevant lo all smices provided ro the Ciry under �his Contract. In the evenl sucl
an audit by Ihe City meals any errors or overpaymrnts by the City, Contractor shall refund the Ciry the tull artaun
of such overyayments within Ihiny (30) days of such audit findings, or �he Ciry, at its op�ion, rama the right a
deduct such amounts owing the City Gom any payments due Contraaor.
27. The Contrsctor shall not assign or sublet the contraa, or any portion of Ihe contracl, wilhout written consent finn
the Dvector of Purchasing and Contraa Managemrnt.
28. Contrads with Compania Engaged in Business wilh Iran, Sudan, or Foreign Trnoris� 0'gan'vation Prohibited
Pursuant to SMion 2252.152 of Ihe Texas Govemmrnt Code, pmhibils the City from rntering inro a contract with :
vendor that is idenlified by The Comptroller as a company known to have contracls with or pmvide supplia or smic�
with Iran, Sudan or a foreign lertorist organizalion
29. Texaz Govemment Code. Scetion 2252.908 requ'ves a business entity enlering inlo cMain contracts wrth �
govemmemal rntiry or stale agency to file with �he govemmental rntiry or sta�e agrncy a disclosurc of intercsled partie
al lhe time the businas entiry submits the signed cont2ct ro Ihe govemmental rntity or state agrncy. Inctruaions fo
compleling Form 1295 are available at: �a:�:�www.ri.lu6bucfcsx.us�'dryanmcma!
�S�lS �{F&`d�drlm5^�&'P1�S.�?&�np � v�nQqr-i nfqrL7i�Q�
30. No Boycotl of IsraeL Pursuanl to Section 2271.002 of the Texas Govemment Code, Rapondrnt certifies �hat
either (i) it meets an exemption criteria under Section ?271.002; or (ii) it does not boycott Israel and will no� boycott
Israel during �he tmn of �he contraa raulting Gom this solicitatioa Rapondent shall state any facts that make rt
exempt Gom the boycott cenifica�ion in its Response.
31. No Boycotl of Energy Companies. Piuxuanl lo Setlion ??74 of the Texu Govemment Code, Respondrnt
certifies Ihat eilher (i) it meets an exemption crileria under Seclion 2274.002; or (ii) it doa no� boycott Energy
Co�anies and will not boycou Ene�y Companies during the �mn of Ihe conlract raulting from Ihis solicilation.
Rapondrnt shall slate any facls thal make it exempt Bom the boycott cenifica�ion in its Raponse.
32. No Boycotl of a F'veami Entily or Firea�m Trade Association. Pursuant ro Section 2274 of the Texas
Govemmem Code, Respondent certifia �hat either (i) it meets an exemption criteria unda Seclion ??74.002; or (�i) i�
doa not hoycott a F'vearm Entiry or F'vearm Trade Association and will not boycotl a F'vearm Entity or F'vearm
Trade Associalion during Ihe tertn of the conlracl resulting from this solici�ation. Respondent shall sW�e any fac�s tha�
make il exempt from the boycott cenifiwtion in i�s Raport�e.
33. Contracls with Companies Engaged in Businas wilh tran, Sudan, or Foreign Tertorist Organ'vation Proh�brted.
Pursuant lo SMion 2252.152 of Ihe Tezas Govemment Code, prohibils the Ci�y from entering into a wntraa wnh a
vendor Ihal is idenlified by The Complroller as a company known to have contrscts with or pmvide supplies or
smice w�th Iran, Sudan or a(oreign terrorist organ'vation
34. TEXAS PUBLIC INFORMATION ACT. The requircments of Subchapter 1, Chapler 552, Govemment Code,
may apply to this wntrnq and the contraqor or vendor agrea that the contracl can be terminated if Ihe conlraclor or
vendor knowingly or intrntionally fails to comply wi�h a requircment of �ha� subchapter.
35. Pursuam to Section 552301(c) of �he Texas Govemment Code, the City of Lubbock has daigna�ed �he (ollow�ng
email address for which public information rcquats may be made by an emailed rcqual: vasamv3u46uck.cu Please
und �h�s rcquat to this email address for it to be procaud
REV. 3R022
City of Lubbock
ITB 23-17329-EG
One (1) Class 8 Tandem Aule Chassis Truck with Roll Off Conatiner
Bid Form
Location
Total
Item Description
Quantity
Required
(+1-) UOM
Lubbock Truck Sales, Inc.
Lubbock, TX.
$207,672.00
Unit Total
Price Cost
#1-1 CLASS 8 TANDEM AXLE TRUCK CHASS[S WITH I EA $207,672 $207,672.00
ROLL-OFF CONTAMER FRAME ASSEMBLY