HomeMy WebLinkAboutResolution - 2019-R0384 - Rush Truck Centers Of Texas - 10/22/2019 Resolution No. 2019-RO384
Item No. 6.15
October 22, 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. 31048297 in accordance with Buy
Board Contract 521-16 for the purchase of Peterbilt Cab & Chassis, by and between the City of
Lubbock and Rush Truck Centers of Texas, LP, of Lubbock, Texas and related documents. Said
Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on October 22, 2019_..
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secr ary
APPROVED AS TO CONTENT:
L_
Mar arwood, Y Assistant Cit Manager
b
APPROVED AS TO FORM:
Wit,
Ke i Leisure, Assistant City Attorney
ccdocs/RF.S.PurchaseOrd 31048297 Peterbilt Cab and Chassis- BuyBoard 521-16
October 3, 2019
ity
Lub-Go�ek Pate - ]
.,rTEXAS PURCHASE ORDER Date 10/3/2019
Order Number 31048297 000 OP
BlanChiMaIlL 526
TO: SHIP TO:
RUSH TRUCK CENTERS OF TEXAS, LP CITY OF LUBBOCK
4515 AVE A FLEET SERVICES
LUBBOCK TX 79404-3433 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUN'rs PAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457
Marta lvai-ez,Dt ctor of Purchasing&Contract Management
Ordered 10/3/2019 Freight
Requested 1/6/2020 Taken By R ROCHA
Delivery 1 LOERWALD REQ 54626 BUYBOARD 521-16 PUR 14977
Description/Supplier Item Ordered Unit Cost Um Extension Request Date
Peterbilt 520 Cab&Chassis 3.000 134,948.6500 EA 404,845.95 1/6/2020
CC 5811
Buyboard Fee 1.000 400.0000 EA 400.00 1/6/2020
CC 5811
Peterbilt 567 Cab&Chassis 2.000 135,028.6500 EA 270,057.30 1/6/2020
CC 5811
Total Order
Terms NBT 30 675.303.25
This purchase order encumbers funds in the amount of$675,303.25 awarded to Rush Truck Centers of Texas, LP, of
Lubbock,TX,on netnhg-
,r 27 2019.The following is incorporated into and made part of this
purchase order by reference: BuyBoard 521-16 dated September 30,2019 from Rush Tntck Centers of Texas, LP.
Resolution# 2019-R O3 R4
CITY OF LUB K ATTEST:
E7
Daniel M.Pope,Ma§& Rebe t
arza, City Secretar
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
L SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address. (5.TEILMINATION.The performanccof work under this order may be terminated in veholc•or in pari by the
(b)Consignees name,address and purchase order or purchase release number and the supply agreement number Buyer in [NATIONccordance with this amar ptiovisis n. Termination kdert is work hereunder shall d cheered or the delivery
ifapplicable.(e)Container number and total number of containers.c-g.boa I of 4 boxes.and(d)the number
of the container bearing the packing slip.Scher shall bear costa f packaging unless othmvise provided. Goods of the Seller of a"Notice of TenninanarC speciRing the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common order is tenni noted and the date upon which such terminal ion becomes effective.Such right or termination is
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments in addition to and not in lieu of the rights of Buyer set forth in Clause la,herein.
not accompanied by packing lists. 16.FORCE MeiJEURE. Neither pang shall be held responsible for losses.resulting ifthe fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any tents of provisions of this contract is delayed or prevented by any cause not within the control of the
reservation and no tender of a bill of lading will operate w a tender of goads. party whose performance is interfered with.and which by the exercise of reasonable diligence said party is
unable to prevent.
3.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pus to Buyer until Buyer 17.ASS IGNMENT•DELEGATION. No right or interest in this contract shall be assigned or delegation of
actually receives and takes possession of the goods al the point or points of delivery. any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
;.NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of daiicery of g""Js must fully cmnph delegation by5eila shall be wholly void and totally inflective for all putposeunless made in conformitywith
with all provisions of this contract as to time ofdelivery.quality and the like.If a tender is made which does not this paragraph.
fully conform,this shall constitute a breach and Seller shall not have the right to substitute a conforming lender. 1 S.WAIVER. No claim or right arising out o(a breach ofrhis contract can be discharged in whole or in part
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 afleneard. by a waiver or renunciation of the claim or richt unless the waiver i
or renunciation s supported by'
consideration and is in writing signed by the aggrieved party.
5.INVOICES&PAYMENTS.a.S ed Ice shall submit separate invoices.in duplicate.one each purchase
order or purchase release after each delivery. Im oices shall indicate the purchase order or purchase release 19. INTERPRETATION-PAROLE EVIDENCE. This writing- plus any specifications for bids and
number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, performance provided by Buyer in its advertisement for bids, and any other documents provided by
if any,shall be listed separately. A copy of the bill of lading.and the freight waybill whcn applicable,should Seller as pan of his bid.is intended by the parties as a final expression of their agreement and intended also
be attached to the invoice. Mail To:Accounts Payable.City of Lubbock.P.0.Box 2000.Lubbock.Texas as a complete and exclusive statement of the terns or rich agreement. Whenever a term defined by the
79457, payment shall not be due until the above instruments are submitted after delivery. Uni four Commercial Code is used in this agreement,the definition contained in the Code is to control.
G.GRATUITIES. The Buyer may,by written notice to the Seller.cancel this contract without liability to 20.APPLICABLE LAW. This agreement shall be govcmed by the Uniform Commercial Code.Wherccvcr
Scher if it is determined by Buyer that gm'ities,in the form of entenainmeri.gifts or otherwise,were offered the terra"Uniform Commercial Code'is used.it shall be construed as meaning the Uniform Commercial
or given by the Seller.or any agent or representative of the Seller,to any officer or employee of the City of Code as adopted in the State of Texas as effective and in force on the date ofrhis agreement.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or 21.RIGHT TO ASSURANCE. \Vhenc%cr one party to this contract in good f 4th has reason to question
amending.critic making of any determinations with respect to the performing of such a conbact. In the event the other party's intent to perform he map demand that the other party give written assurance of his intent to
This contract is canceled by Buyer pursuant to this provision.Buyer shall he entitled,in addition to any other pet form. in the evem that a demand is made and no assurance is given within five(5)days.die demanding
rights and remedies.to recover or withhold the amount of the cost incurred by Seller in prat iding such gralssities. party may treat This failure as an anticipatory repudiation of the contract.
7.SPECIAL TOOLS&rEST EQUIPNIENT. If the price stated on the face hereof includes the cost of any 22.INDEMNIFICATION. Seller shall indemnify.keep and save harmless the Buyer,its agents.officials and
special tooling or special test equipment fabricated at required by Seller for the purpose of filling this order. employees.against all injuries.deaths.loss.damages,claim.patent clains.suits.liabilities.judgments.costs
such special tooling equipment and any process sheets related thereto shall become the properly of the Buyer and expenses.which may in anyavise accrue against the Buyer in consequence of the graining of this Contract
and to the extent feasible shall be identified by the Seller w such. at which may anywise result therefrom,whcther or not it shall be alleged or determined that the act was
S.WARRANTY-PRICE.a. The price to be paid by the Bayer shall be that contained in Seller's bid caused through negligence or omission of the Seller or its employees.or of the subSeller or assignee or its
which Seller warrants to he no higher than Seller-s current process on orders by others for products of the kind employees,if any.and the Seller shall.at his oven expense,appear.defend and pay all charges of ammnneys
and specification covered by this agreement for similar quantities under similar of like conditions and methods and 311 costs and other expenses arising therefrom of incurred in connection therewith.and,if any judgment
of purchase. In the event Seller breaches this warranty.the prices of tie items shall be reduced to tfie shall be rendered against the Buyer in any such action.the Seiler shall.at its own expenses,satisf and
Sellers current prices on orders by others.or in the alternatve. Buyer may cancel this contract with"' discharge the same Seiler expressly understands and agrees that any bond required by this contract,or
liability to Seller for breach or Seller's actual expense.b.The Seller warrants that no person or selling agency othowiw pro,ided by Seller.shall in no way limit ire responsibility to indcmnif.keep and save h3nide"
has been employed or retained to solicit or secure this contract upon an agrecnrcm or understanding for and defend the Buyer as herein provided.
commission,percentage,brokerage,or contingent ke excepting bona fide employees of bona fele established 23.TIME. It is hereby expressly agreed and understood chat time is of the essence for the performance of
commercial or selling agencies maintained by the Seller for the purpose of scouring business. For breach of this contract.and fail.-by cantraet to meet the time specifications of this agreement will cause Sella,to
vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this be in defauh of this agreemcm,
contract without liability and to deduct from the comract price,or otherwise recover without liability and to
deduct from the contract price.orothervise recover the full amount ofsuch commission.percentage.bmkerage 24.MBE. The City of Lubbock hereby notifies all bidders that in regard to arty contract entered into
or contingent Ice. pursuant to this request,minority and women business emaptises will be afforded equal opportunities to
submit bids in resporue to this inwilNian and will not he discriminated against on the grounds of race color.
9.WARRANTY-PRODUCT. Scllcr shall not limit or exclude any implied warranties and any attempt to do sex or natural origin in consideration furan aavard.
so shall render this contract voidable at the option of the Buyer. Seller wamams that the goods fumishcd will
conform to the specification.drawings,and descriptions listed in tic bid invitation.and w the sairtple(3)furnished 25.NON-ARBITRATION.The City reser,es the right to exercise any right or remedy to it by law.comract,
by the Scllcr,irony. In the event of a conflict or between the specifications.drawings,and descriptions.the equity,or otherwise,including without limitation,the right to seek any and all forms of relief in a court of
specifications shall govern Notwithstanding any provisions contained in the contractual agreement.the Seller competent jurisdiction.Further.the City shall not be subject to any arbilralion process prior to exercising
represents and warrants fault-bce perfarrrsance and fault-free result in the processing date and date related data its unressricied right to seek judicial remedy.The remedies set forth herein arc cumulative and not exclusive.
(including.but not limited to calculating,comparing and sequencing)of all hardware.softwareand firmware and may be exercised concurrently.To the cxicnt ofanycor t between this provision and another provision
products delivered and services provided under this Contract,individually or in combination.as the case my in,or related to.this document.this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to pmducu and services 2C RIGHT TO AUDIT.At any time during the term of the contract,or thereafter.the City.or a duly
provided b%the Seller.its sub-Seller or any third party involved in the creation or development of the products authorized audit mpesentative of the City or the State of Texas,at its expense and at reasonable times.
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reserves the right to audit Contractor's records and books relevant to all services provided to the City under
obligations contained herein,may result in the City of Lubbock availing itself of arw of its rights under the this Contract. In the event such an audit by the City reveals any errors or overpayments by the City.lave and under this Contract including.but not limited to.its right pertaining to trnnination or default. The Contractor shall refund the City the full amount of such overpayments within thirty(30)days of such
warranties contained herein are separate and discrete ftom any other warramics specified in this Contract, audit findings.or the City,at its option.reserves the tight to deduct such amounts owing the City from any
and are not subject to any disclaimer of w•aram%.implied or expressed.or limitation of the Seller's liability payments due Contractor.
which may be specified in this Contract,its appendices.its schedules.its annexes or any document incorporated
in this Contract by reference. 27.HOUSE SILL 2015. House Bill 2015.signed by the Governor an June 14.2013 and effective an January
1.'_014,authorizer a penalty to be imposed on a person who contracts for certain services with 3 governmental
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards entity and who fails to pmperly classify their workers.This applies to subcontractors u well.Contractots and
promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of 1970. In the subcontractors who fail to propeiy classify individuals performing work under a governmental contract will be
event the product does not confotrm to OSHA standards.Buyer may return the product for correction or penalized 5100 for each individual that has been misclassifwd.(Texas Government Code Section 2155.0011.
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 28.ASSIGNING OR SUBLETTING THE CONTRACT.The Contractor shall not assignor sublet the contract,
or any portion of the contract. without written consent from the Director of Purchasing and Contract
II.NO WARR.L\TY BY BUYER AGAINST INFRINGEMENTS. As part of shin contract Cor sale Seller Man3gemenl.Should consent be given.the Contractor shall insure the Subcontractor or shall provide proof on
agrees to ascertain whether goods manufactured in accordance with the specification attached to this agreement insurance from the Subcontractor that complies with all contract Insurance requirements.
will give rise to the rightful claim of any third person byway of infringement of the like. Bu-ver makes no
warranty that the production of goods according to the specifhe3111011 will not give rise to such a claim.and in no 29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the 84th
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of Legislature,created§2252.908.Texas Go%emment Code.Section 2252.90S requires a business entity entering
infringement of the like. If Seller is of the opinion that an infringement or the like will result.he will noliR the into certain contracts with a governmental entity or state agency to file with the governmental entity or sate
Buyer to this effect in writing within two weeks after the signing ofrhis agtecuacul. If Buyer dues not receive agency a disclosure of interested panics at the tittle the business entity submits the signed contract to the
notice and is subsequently held liable for the infringement or the like.Seller will save Buyer harmless. If governmental entity or state agenc). Insimetion for completing Forte 1295 are available at:
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in Witp w w cej,hrhbock mus denannien:al-ivehsiuc.depuun..... t c using yendo,-infonnation
infringement or she like.the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES.by supplying any Goads or Services that the Contractor has read.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the fully understands.and will be in full compliance wish all terms and conditions and the descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds contained herein and any additional associated documents and Amendments.The City disclaims any terms and
by the City Council of the City of Lubbock for the goods or services provided under the contract.the City will conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict
terminate the contract,without termination charge or ocher liability,on the last day of the then-current fiscal between these terms and conditions and any terms and conditions provided by the Contractor,the terns and
year or when the appropriation made Cor the then-current year for the goods or sm ices covered by this contract conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed
is spent,whichever event occurs first. If at any time funds are not appropriated for the continuance of this upon by the parties.and any prior conflicting terns shall be of no force or effect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure to give 31.By accepting this PO,contractor acknowledges that pursuant to Section 2270.002.Goverrment Code.(a)
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of
termination. This section applies only to a contract that:(l)is between a governmental entity and a company with 10
or more full-time employees:and (2)has a value of 5100.000 or more that is to be paid wholly or panty
13.RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting from public funds of the governmental entity. (b)A governmental entity may not enter into a contract with
them. a company for goads or services unless the contract contains a written verification from the company that
it:(0 dors not hoycon lstael•and(2)will not boycott Israel during the term of the contract..
14.CANCELLATION. Buyer shall have the right to cancel for default all or any part of she 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
Rev.07 19
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE
BVYBOARD
Vendor I?IIVY 7?1IC7i CZ:N7LR Date Prepared
Contact l'or Vendor: C'OL7'0NKJ?(/SL" Phone (830)302-5219
Lnd User: C'1tyol'Ltdbbock
End User Contact: Marta Alvarez Phone/Fax (800) 77i-2107
Product Description: Peterhilt520 Cab&Chassis
A: Base Price in Bid/Proposal Number: 521-16 Series: 3201520 S 121,932.00
DESCRIPTION AMOUNT OPT# DESCRIPTION AMOUNT
Peterbilt Franic& L''quipnlcnt 832.00 Peterbilt Fuel lank/Battcry Box cK Bumper $
Peterbilt Front Axle&Equipment 8 294.00 Peterbilt Cab& Lquiprilent $ 2,566.00
Peterbilt Rear Axlc& Equipinclit 8 (2,634.00)
Peterbilt Engine C Equipment $ 11,0:1.0.00
Peterbilt 1'ransillissiou&Equipment $ (53.00)
Peterbilt Air&Traileiy-hires e_«'licels S 2,536.00
Subtotal Column 1: $ 15,015.00 Subtotal Column 2: ,$ 3,10:3.00
Published Options added to Base Price(Subtotal of"Col 1"& "Col 2") 5 181113.00
C: Subtotal of A+ B $ 14{)
D: Non Published Options
Subtotal Column 1: $ ISubtotal Column 2: S -
Unpublished Options added to Base price Subtotal "Col 1 + Col 2') $ -
E: Contract Price Adjustment(if any, explain here)
Multi-Unit Paccar Conquest Discount $ (5,101.35)
F: Total of C +D +l- E $ 134,948.6:1
G: Quantity orderer Units: 3.00 x F $ 404,845.9:;
H: BUYBOARD Administrative Fee % $ =100.00
I: Non-Equipment Charges&Credits(I.e.:Ext. Warranty, Trade-In, Delivery, etc.)
J: TOTAL PURCHASE PRICE INCLUDING (G+H+I) 5 40:1,245.95
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE
BUYBOARD
Vctldor I?(1.57-177?1 Z K CL'N7Ys7? Datc Prepared
Contact for Vcnclor: 6'01,70107?(7511. Phone (830)302-5219
End t'scr: C'ilyol'Luhhocli
End I ser Contact: Marta Alvarez Phone/Fax (NO()) i7. >Ibi
Product Description: Peterbrlt567Cab& Chassis
A: Base Price in Bid/Proposal Number: 521-16 Series: 567 $ 121,932.00
DESCRIPTION AMOUNT OPT# DESCRIPTION AMOUNT
Peterbilt lranic L\ EClulpment $ 2,203.00 Peterbilt Fuc[Tank/13alwly Bos L",13umper $ 369.00
Peterbilt Front Axle cK EgUipmcnt $ 3,637.00 Peterbilt Cab& Equipment
Peterbilt Rear Axle& Equipment $ 6,205.00
Peterbilt Engine& Equgmient $ 1,782.00
Peterbilt 1'rarlsmission c1;quipmenl $ 1,$09.00
Peterbilt jAir&'1'ra1lcl/"1'1res&NVllecls S 4,173.00
Subtotal Column 1:1 $ 19,809.00 Subtotal Column 2: ti 3,9().9.00
Published Options added to Base Price(Subtotal of"Col 1"& "Col 2") $ 93,778.0{)
C: Subtotal of A+ B $ 14'i,71 0.00
D: Non Published Options
Subtotal Column 1: $ ISubtotal Column 2: -
Unpublished Options added to Base price (Subtotal "Col 1 + Co!2') $ -
E: Contract Price Adjustment(if any, explain here)
Multi-Unit Paccar Conquest Discount I $ (10,681.35}
F: Total of C+ D+/-E
G: Quantity orderer Units: 2.00 x F $ 270,0:17.30
H: BUYBOARD Administrative Fee %
I: Non-Equipment Charges&Credits (i.e.:Ext. Warranty, Trade-in, Delivery, etc.)
J: TOTAL PURCHASE PRICE INCLUDING (G+H+I) $ 270,0;17.30