HomeMy WebLinkAboutResolution - 2019-R0403 - Heil Of Texas - 11/05/2019 Resolution No. 2019-RO403
Item No. 6.13
November 5, 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. 31048302 for the purchase of
Freightliner Sweeper as per HGACBuy SW04-18A, by and between the City of Lubbock and
Heil of Texas of Irving, 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 Nomember 5, 2019. _
DANIEL M. POPE, MAYOR
ATTEST:
Rebe arza, City Secret
APPROVED AS TO CONTENT:
Mark Ye ood,AsAistant City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdoes/RES.-PurchaseOrd 31048302—Freightliner Sweeper per HGACBuy SW04-18A
October 4,2019
Ity of Page - 1
Luh- C0 ek Date - 10/3/2019
TEXAS PURCHASE ORDER
Order Number 31048302 000 OP
526
TO: SHIP TO:
HEIL OF TEXAS CITY OF LUBBOCK
1440 SOUTH LOOP 12 FLEET SERVICES
1RVING TX 75060 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
M4/V—
arta Alva z,Director of Purchasing&Contmct Management
Ordered 10/3/2019 Freight
Requested 12/27/2019 Taken By R ROCHA
Delivery J LOERWALD REQ 54643 HGACBUY SW04-18A PUR 14984
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Freightliner Sweeper M2 Cab 2.000 261,100.0000 EA 522,200.00 12/27/2019
with Dual Steering
Total Order
Terms NET 30 522,200.00
This purchase order encumbers funds in the amount of$522,200.00 awarded to Heil of Texas,of Irving,TX on
November 5 ,2019. The following is incorporated into and made part of this purchase order by reference: Quote dated
September 23,2019 from Heil of Texas,of Irving,TX,and Houston–Galveston Area Council(HGAC) Contract SW04-18A
Resolution# 2019-RO403
CITY OF L OCK ATTEST:
Daniel M. Pope, yor RebeU-i-tWrzxa, rty eeretary
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 practicelieu of any other remedies which Buyer may have in lase or equity.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address. (5.TERawIlNATION.The perfomtaneeof work under this order may be ren»inated in whole.Or in part by the
(b)Consignees name,address and purchase order or purchase release number and the supply agreement number 15.T in accordance with this provision. Termination is work hereunder shall d effected by the t by tr
if applicable,(c)Container number and total number of containers.c.g.boa I of 4 boxes,and(d)the number y
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goads of the Seller of a•'Votive of Termination'specifying the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common order is terminated and the date upon which such termination becomes effective. Such right or tetminationis
caries and any applicable specifications. Buyer's count or weight shall be final and conclusiveon shipments in addition to and nor in lieu of the rights of Buyer•set forth in Clause 14.herein,
not accompanied by packing lists. 16.FORCE MAJEURE. Neither party shall be held responsible for losses. resulting if the fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any remits of provisions of this contract is delayed or pmvrnrcd by any cause not within the control of the
reser•adon and no tender of a bill of lading w-ill operate as a render of goods. 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 pass to Buyer until Buyer (7.ASSIGNA4ENT-DELEGATION. nes right or interest in this contract shall be usiened or deltgation of
actually receives and takes possession of the goods at the point or points o(delirery` any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
4.NOREPLACE}IENTOFDEFECTrVETE\'DC-RL Every tender of deli+cry of goods must Cullycosilk, delegation by Seller shall be wholly void and totally ineffective for all purpose unless made inconfomnitywiih
with all provisions of this contract as to time of delivery.quality and the like. Ira 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 tender.
provided,where the time for performance has not yet expired.the Seller may reasonably notify Buyer of his 1 S.WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part
intention to cure and may then make a conforming tender within the contract time but not afterward. by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
considerationand is in writing signed by the aggrieved party.
5.INVOICES&PAYMENTS.a.S eller shad submit separate invoices,in duplicate,one each purchase 19 INTERPRETATION-PAROLE EVIDENCE. This writing. plus any specifications for bids and
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, 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 when applicable,should Seller as pan of his bid.is intended by the panics M a final ctpression of their agreement and intended also
he 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 of their agreement. Whenever a term defined by the
79457. Payment shall not be due until the above instnimmus are submitted after delivery, Uniform Commercial Code is used in this agreement.the definition contained in the Code is to control.
6.GRATUITIES. The Buyer may,by written notice to the Seller.cancel this contract without liability to 20.APPLICABLE LAW. This agreemr nt shall be governed by the Uniform Commercial Code,Whereevcr
Seller irit is determined by Buyer that gratuities.in the form of entertainment,gifts or otherwise.were offered the tern"Uniform Commercial Codi'is used.it shall be construed as meaning rite 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 farce on the date of this agreement.
Lubbock with a view•10 securing a contract or securing favorable treatment with respect to the awartldng or 21.RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
amending.or the making of any determinations with respect to the performing of such a contract. In the event the other party's intent to perform he may demand that the other party give written assurance mf his intent to
this contract is canceled by Buyer pursuant to this provision,Buyer shall be entitled,in addition to any other perform In the Hdemand event that a demais made and no assurance is given within five(5)days.the demanding
rights and remedies.to recovcror withhold the amount oftme cast incuned by Seller in providingsuch gratuities. party may treat this failure as an anticipator-repudiation of the contract.
7.SPECIAL TOOLS S TEST EQUIPMENT. If the price stated on the face hereof includes the oust of any 22.INDEMNIFICATION. Seller shall indemnif keep and save hanniess the Buycr,its agents,officials and
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, employees.against all injuries.deaths,loss,damages.claims.patent claims,suit&.liabilities,judgments,costs
such special tooling equipment and any process sheets related themia shall become the propeny of the Buyer and expenses.which may in anywise accrue against the Buyer in consequence orthe granting of this Contract
and to the extent feasible shall be identified by the Seller as such. or which may Inyyeise resole therefrom.whether or not it shall be alleged or dctcrrnsined that the est was
S.WARRANTY-PRICE.a. The price to be paid by the Buyer shall be that contained in Seller's bid caused through negligence or omission of the Seller or its employees,or of the subsellcr or assignee or its
which Seller warrants to be 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 own expense.appear.defend and pay all charges of attomeys
and specification covered by this agreement for similar quantities under,similar of like conditions and methods and all costs and other expenses arising therefrom of incurred in connection thcmwith.and.if any judgment
of purchase. In the c,-cm Seller breaches this warranty,the prices of the items shall be reduced to the shall be rendered aeainst the Buyer in any such action,the Seller shall,at its own expenses.satisf-,and
Seller's current prices on orders by others,or in the alternaln c. Buyer may cancel this contract vwithour discharge the same Seller capressf 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 sdhng agency otherwise pmvidcd by Seller,shall in no way limit the responsibility to indenmiN,keep and save hamaless
Inas been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend the Buyer as herein provided.
commission,percentage,brokerage,or contingent fee excepting bona fide employes of bona fide established 23.TIME. It is hereby expressly agreed and understood that time is of the essence for the perkormznce of
commercial or selling,agencies maintained by the Seller for the purpose or securing business. For breach of this contract,and failure by contract to meet the time specifications of this agreement will cause Seller in
vicialion of this waranly the Buyer•shall ha%c the right in addition to any other right of rights to cancel this be in default of this atrccmcnt.
comract without liability and to deduct from the contract price,or otherwise recover without liability and to
deduct from the comract price,or otherwise recover the full amount ofsuch commission.pmcemtagc.lm�okeragc 24.MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
or contingent fee. pursuant to this request.minority and women business enterprises will be afforded equal opportunities to
submit bids in resporue to this imitation and will not be discriminated against on the grounds of race.color.
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do sex or natural ori_vin in consideration for an award.
so shall render this contract voidable at the option of the Buyer. Scllcr+vanams that the goods famished will
conform to the specification.drawings,and descriptions listed in the bid invitation,and to the sample(s)furnished 25.NON-ARBITRATION.The City reserves the right to exvrcisc am right or remedy to it by law,cuniraci,
by the Seller.if any. 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 or relief in a coup of
specifications shall govern.Notwithstanding am provisions contained in the contractual agreement.the Scllcr eompticm jurisdiction.Further.the Ct•shall no be subject to any arbitration process prior to exercising
mpresents and warrants fault-free performance and fault-free result in the processing date and date related data its unrestricted right to seek judicial remedy.The remedies set forth herein are cumulative and not exclusive.
(including.but not limited to calculating,comparing and sequencing)of ail hardware.software and frnmvare and may be eyerciscd concurrently.To the extent of am conflict between this provision and another provision
products delivered and services provided under this Contract,individually or in combination.as the case nny in,or related to.this document,this provision shall central.
be tom the effective date of this Contract.The obligations contained herein apply to products and scrxiens 26 RIGHT TO AUDIT.At any time during the tenn of the contract.or thereafter.the City,or a duty
provided by the Seller.its sub-Seller or any third party imolwcd in the creation or development of ncc products authorized audit representative of the Ciro or the State of Texas.at its expense and at rcasonable limes.
and services to be ddivmcd 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 any of its rights under the this Contract. In the event such an audit by the City reveals any errors or overpayments by the Cit'.
taro and under this Contract including,but not limited to.its right pertaining to lamination or default. The Contractor shall refund the City the full amount of such overpayments within thing(30)days of such
warranties contained herein arc separate and discrete firm any other warranties specified in this Contract, audit findings.or the City,at its option.reserves the right to deduct such amounts oaring the Citv from any
and are not subject to any,disclaimer of warranty.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 BILL 2015. House Bill 1015,signed by the Governor on June 14.2013 and effective on January
1.2014,authorirrs a penalty to be imposed on a person who contracts for certain services with a govemmcntal
10.SAFETY WARRANTY. Seller warrants that the product Sold to the Buyer shall conform to the standards entity and who fails to properly classify their workers.This applies to subcontractors as well.Contractors and
promulgated by the U.S.Department Of Labor under the Occupational Safety and Heath Act of 1970. In the subcontractors who fail to property classify individuals performing work under a governmental contract will be
event the product does not conform to OSHA standards.Buyer may return the product for correction or penalized 5200 for each individual that has been misclassified.(Texas Government Code Section 2155.001).
replacement at the Seller's expense. In the sent Seiler fails to make the appropriate correction within a
reasonable time.correction made by Buyer will be at the Seller's expense. 23.ASSIGNING OR SUBLETTING THE CO\TRACT.The Contractor shall not assign or sublet the contract.
1 I.NO WARRANTY BY BUYER AGAINST 1\•FRINGEME\TS. As part of this contract ror sale Seller or any portion of the contract. without written consent from the Director of Purchasing and Contract
Management. Should consent be given,the Contractor shall insure the Subcontractor or shal I provide proof on
agrees to ascertain whether goods manufactured in accordance with the specifications 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 by way of infringement of the like. Buyer makes no
warranty that the production ofgoods according to the specification 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§2252.903.Texas Government Code,Section 2252.903 requires a business entity entering
infringement of the like. If Seller is of the opinion that an infringement or the like will result.he will notify the into certain contracts with a governmental entity-or state agency to fate with the governmental entity or state
Buver to this effect in writing within two weeks after thesigning orthis agreement. If Buyer dues not receive agency a disclosure of interested paries at the time the business entity submits the signed contract to the
notice and is subsequently held liable for the infringement or the like.Seller will save Buyer harmless. If governmental emity or state agency. Instructions for completing Form 1295 are available at:
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in her: ++vvw b.bo4 t.v its deoarn,,mal-wcheii,,dgmEwwilis mudasine vrndnr-inf+rntinn
infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES.by supplying any Goods or Services that the Contractor has read.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the fully understands,and will be in full compliance with all terms and conditions and the descriptive material
availability Oran annual appropriation for this purpose by the City. In the event of nonappropriatimn 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 scrvicm 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
terminaic the contract,without termination charge or other liability,on the last day of the then-current fiscal between these terms and conditions and any terns and conditions provided by the Contractor.the terms and
year or when the appropriation made for the Chen-curent year for the goods Or services covered by this contract conditions provided herein shall prevail. The terns and conditions provided herein arc the final terms agreed
is spent.whichever event occurs fust. If at any time Funds arc not appropriated for the continuance of this upon by the panics,and any prior connecting terms shall he arm force or effect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice.but failure to give BI•By accepting this PO,contactor acknowledges that pursuant to Section 2270.002.Government Code,la}T
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of his section applies only to a contract that:(1)is between a governmental entity and a company with 10
termination. or more full-time employees:and (2)hasa value of 5100.000 or more that is to be paid wholly or partly
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 goods or services unless the contract contains a written verification from the company that
410 does not boycott Israel;and(2)will not boycott Israel during the term ofthe contract..
14.CANCELLATION. Buyer shall have the right to cancel for default all or any pan 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 canccllaiion is in addition to and not in
Rev.07 19
Ffqo� CONTRACT PRICING WORKSHEET Contract Date
•'� For MOTOR VEHICLES Only No.: SW04-18A Prepared: 9/23/2019
This Worksheet is prepared by Contractor and givers to End User. If a PO is issued, both documents
MUST be faxed to I-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying :City of Lubbock,Texas Contractor: ;Heil of Texas
Agency:
Contact :Billy Taylor Prepared :Terry Parsons
Person:
Br:
Phone: Phone: 832-948-8402
Far: Fax: :713-923-5522
Email: EEmail: t erryparsons@heiloftexas.com
Product
A15 ly Description: 1Schwarze M6SE Avalanche Single Engine Mechanical Street Sweeper
A::Product:Iteiti Base UtiiE:Prit a Per:eontract'' ' =:
. ..................... ...... .... ..........
or s H,GAC:Contrucf:::::: : ..:::::::::::: 174,060
Options Itemize below. Attach additional.sheet(s).<f necessary .Inctude.Optton Code.tn.descrtptson}t ap.... able
(Note; .........i6iisil Options i+rc options}nrhich ware submitted......tiripriced in Contractor's bid:} ?
. ........ ............... ............ . . ..
Description Cost Description Cost
Belt Type Conveyor 0 Freightliner M2 Cab w/Dual Steering 33K 300HP 95620
Tube Type Main Broom 0 Allison 3500 RDS Automatic Transmission 0
Dual 49"Gutter Brooms 0 AM/FM Radio w/Weatherband,Bluetooth&AC 0
Dual In-Cab Gutter Broom Tilt Controls 1725 Dual Air Ride Seats with Lumbar Support 0
Dual In-Cab Gutter Broom Extension Override Controls 0 Remote Control/Heated West Coast Mirrors 0
Rear Vision Camera System with In-Cab LCD Monitor 0 Air Brakes and Bendix AD9 Air Dryer w/Moisture Ejector 0
Hydraulic Pressure Gauge at Valve Bank 170 Fender Mounted 12"Parabolic Mirrors 395
5.0 Cubic Yard Carbon Stccl High Dump Hopper 0 5 Year/6000 HR Hydraulic Pump&Fitting Warranty U
Remote Grease Bank-Conveyor and Main Broom 765 2 Year/2400 HR Solenoid&Torque Motor Warranty 0
Rear Mounted LED Strobe with Limb Guard 0 1 Year/1200 HR Base Machine Warranty 0
LED Traffic Guide Arrowboard with In-Cab Controls 1630 Subtotal From Additional Sheet(s):
Subtotal B: : 100305
C Unpubltshed:Uptions-)<tetnize belovY/attach addtttolwl:sheet(@)if necessary
(NoFe:lJripublashed options:are items whack:were not submitted:and priced in�ontract6r s bid),:;
................
Description Cost Description Cost
Subtotal From Additional Sheet(s):
Subtotal C: : 0
Check:Total cost of Unpublished Options(C)cannot exceed 25%of the total of the Base Unit!
i For this transaction the percentage is: 0%
Price plus Published Options(A+B). ;
D:Total:Cost Before A'ti ,A Iieabte Trade:Iria'O'th'er Attaivari + '+
.............. ............Y...pP ........................ ..... ..............tints,(A..B..t )
. ..... .....
Quantity Ordered:1F X Subtotal of A+B+C: 1 274365 = Subtotal D. € 548730
E::N;CAC Ord.ei Proeessin Cbar e:Aitio:uiitPer:Current Polio
g.. ....1;..(........ ........................ ........................... Subtotal E:
F::T
rad
".6i"a.Ills(:Uktier.Aliov.... e'/S c'i l
c. s . c a.Dascotints l F'rci l>'t llnstallatirn
Description Cost Description Cost
Freight 6000
Contract Discount -32,530
Subtotal F: -26530
Deliver Dates; 30-60AR0 : ::G:Tot + + . :
y. al .Purchase.Price(D .:.F}. 522zoo
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-550492
Texan Waste Equipment, Inc.dba Heil of Texas
Houston,TX United States Date Filed:
2 Name of governmental entity or state agency that is a parry to the contract for which the form is 10/11/2019
being filed.
City of Lubbock Date Acknowledged:
10/11/2019
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#31048302
Freightliner Sweeper M2 Cab
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Davis, Larry Houston,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date cf birth is
My address is ,
(street) (city) (state) (zlp 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 V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.i-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. 2019-550492
Texan Waste Equipment, Inc.dba Heil of Texas
Houston,TX United States Date Filed:
2 Name of governmental entity or state agency that is a parry to the contract for which the form is 10/11/2019
being filed.
City of Lubbock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
PO#31048302
Freightliner Sweeper M2 Cab
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Davis, Larry Houston,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION r lj
My name is V ' r { and my date of birth is
My address is I 4 V sicAlI !� �`} .
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
� a Yk rp 1L l c��,p
Executed in is� County, Stale of l../�,as ,on the day of �LLi`d .20
(month) (year)
ignature of autl orized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.eth1cs.state.tx.us Version V1.1.3a6aaf7d