HomeMy WebLinkAboutResolution - 2019-R0439 - PO With Volvo And Mack Trucks - 11/19/2019 Resolution No. 2019-RO439
Item No. 6.34
November 19, 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. 31048941 for the purchase of Mack
MRU613 as per BuyBoard 521-16, by and between the City of Lubbock and Volvo & Mack
Trucks of Hewitt, 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 November 19, 2019
�'j
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Se et
APPROVED AS TO CONTENT:
Mark arwood/Assista t City Manager
APPROVED AS TO FORM:
I. (J _
elli Leisure, Assistant City Attorney
ccdocs/RES.-PurchaseOrd 31048941 —Mack MRU 613
October 31,2019
` City of Page - 1
Lubb o c Date 10/31/2019
TEXAS PURCHASE ORDER
Order Number 31048941 000 OP
526
TO: SHIP TO:
VOLVO&MACK TRUCKS OF WACC
CITY OF LUBBOCK
PO BOX 609 FLEET SERVICES
HEWITTTX 76643 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICIE TO: CITY Or LUBBOCK
ACCOUNTSPAYABLC
P.O.BOX 2000
LUBBOCK,TX 79457 BY:
Marta rcz,Directorof Purchasing&Contract Management
Ordered 10/31/2019 Freight
Requested 4/1/2020 Taken By R ROCHA
Delivery J LOERWALD REQ 54797 BUYBOARD 521-16.PUR 15042
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Mack MRU613 3.000 145,699.0000 EA 437,097.00 4/1/2020
CC 5811
BuyBoard Fee 1.000 400.0000 EA 400.00 4/1/2020
CC 5811
Total Order
Ternis NET l5 DAYS 437.497.00
This purchase order encumbers funds in the amount of$437,497.00 awarded to Volvo&Mack Trucks of Waco of Hewitt,TX,on
November 19 ,2019.The following is incorporated into and made part of this purchase order by reference: Quote dated
October 21, 2019,from Volvo&Mack Truck of Hewitt,TX, and BuyBoard Contract 521-16.
Resolution# 2019-RO439
CITY OF LUBBOCK ATTEST:
Daniel M.Pope,Mayor Ree a Garza, City Secretary
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with goad commercial practice. lieu of any other remedies which Buyer nay,have in law or equity.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, I S.TERMINATION.The performanccof work undcithis ordermav be terminated in whole,or in part by the
(b)Consignees name,address and purchase order or purchase release number and the supply a gmcmcnt number Buyer
ifapplicable,(c)Container number and total number of containers,e.g.box I of 4 boxes,and(d)ire number of Ole in accordance with this provision. Termination*spcof vvod:hereunder shall be effected by the delivery
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods of the Seller of a"Notice of Terminatiari'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 richt or termination is
earners and any applicable specifications. Buyer's count or weight 511.1(1 be final and conclusive on shipments in addition to and not 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 ifthe fulfrllmcnt
2.S111Ph1ENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any tams of provisions of this contract is delayed or prevented by any cause not within the control of the
resen•ation and no lender ora bill of lading will operate as a tender ofgoods. party whose performance is interfered with,and which by the exercise of reasonable dil hgcncc said party is
..'able to prevent.
3.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer l7.ASSIGNMENT-DELEGATION. No richt or interest in this contract shall be assigned or delegation of
actually receives and takes possession of the goods at the point or points of delivery. any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must filly comply delegation by Scllcr shall be wholly void and totally ineffective Cor all purpose unless made in confamnitywith
with all provisions of this contract as to time of delivery,quality and the like. If a tender is made which docs 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 nuy reasonably notify,Buyer of his I8.WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole Orin 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
consideration and is in writing signed by the aggrieved party.
5.INVOICES&PAYMENTS.a.S e I Ie r shall submit separate invoices,in duplicate,one each purchase 19. INTERPRETATION-PAROLE EVIDENCE. This writing, pins 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 critic bill of lading,and slue freight waybill when applicable,should Scllcr as part of his bid,is intended by the paries m a final expression of their agrccmcnt and intended also
be attached to the invoice. Mail To:Accounts Payable,City of Lubbock,P.O.Box 2000,Lubbock,Texas as a complete and exclusive statement of the toms of their agreement. Whenever a term defined by the
79457, Payment shill not be due until the above instruments are submitted after delivery. Uniform Commercial Code is used in this agrccmcnt,the definition contained in the Code is to control.
6.GRATUITIES. The Buyer may,by written notice to the Scllcr,cancel this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code,Wherm•er
Seller if it is determined by Buyer that gratuities,in the foram of entertainment,gills or otherwise,were offered tau term"Uniform Commercial Code"is used.it shall be construed as meaning the Uniform Commercial
or given by time Seller,or any agent or rcpresentativc of the Seller,to any officer or employee of the City of Code w adopted in time State of Texas m effective and in force on the date of this agreement.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding 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 pany's intent to perform he may demand that the other party give vvrittcn assurance of 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 event that a demand is made and no assurance is given within five(5)days,the demanding
rights and remedies,to recover or withhold the amount of the cost incurred by Seller in providing such grawitics. party nuy,treat this failure as an anticipatory repudiation of the contract.
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price stated on the face hereof includes die cost of any 22.INDEMNIFICATION.Seiler shall indemnify,keep and save harmless the Buyer,its agents,officials and
special tooling or special test equipment fabricated or required by Seller for the propose of filling this order, employees,against all injuries,deaths,loss,damage$,claims,patent claims suits,liabilities,judym'ents,costs
such special tooling equipment and am process sheets related thereto shall become the property of the Bu}zr and expenses,which may in anywise accrue against the Burr in consequence of the granting of this Contract
and to the extent feasible shall be identified by the Seller w such. or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was
S.WARRANTY-PIUCE.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 cmployca,or of the subscller car assigner 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 attorneys
and specification covcred by this agreement for similar quantities under similar of like conditions and methods and all cons and other expenses arising therefrom of incurred in connection therewith,and,if any judgment
of purchase. hot the event Seller breaches this warranty,the prices of the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall,at its own expenses,satisfy and
Seller's current prices on orders by others,or in the alternative. Buyer may cancel this contract without discharge the same Seller 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 otlhenvise provided by Seller.shall in no way limit the responsibilily to indemnify,keep and save harmless
has been employed or retained to solicit or serum this contract upon an agreement or understanding for and defend the Buyer as herein provided.
commission,percentage,bmkcragc,or contingent fee excepting bona fide employees of bona fide established 23.TONE. It is hcrcby expressly agreed and understood that time is of the essence for the perfm mance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of this contract,and failure by contract to meet the time specifications of this agreement will cause Seller to
viciation of this warranty the Buyer shall have the right in addition to anv othur right of rights to cancel this be in default of this agreement.
contract without liability and to deduct from the contract price,or otherwise recover without liability and to
deduct from the contract price,or otherwise recover the full amount of such commission,percentage,brokerage 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 response to this invitation and will not be dacriminamd aeainst 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 origin in consideration for an award,
so shall render this contract voidable at the option of the Buyer. Seller warrants That the goods famished will
conform to the specification,drawings,and descriptions listed in the bid invitation,and to thesample(s)furnished 25.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by law,contract,
by(lie 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 farms 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 anv arbitration process prior to exercising
represents and warrants fault-tree performance and fault-free result in the processing date and date related data its unrestricted right to seek judicial remedy.The remedies set fonh herein am cumulative and not exclusive,
(including,but not limited to calculating,comparing and sequencing)of all hardware,software and firmware and may be exercised concurrently.To the extent of any conflict between this provision and another provision
products delivered and services provided under this Contract,individually or in combination,as the case may in,or related to,this document,this provision shall control,
be from the effective date of this Contract.The obligations contained herein apply to products and services 26.RIGHT TO AUDIT.At any tinme during the term of the contract,or thereafter,the City,or a duly
provided by the Seller,its sub-Seller or any third parry involved in the creation or development of the products authorized audit representative 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 Contractors records and books relevant to all services provided to ilme 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 City,
law and under this Contract including,but not limited to,its right pertaining to termination or default. The Contractor shall refund the City the full amo..0 ofsuch overpayments within shiny(30)days of such
warranties contained herein arc separate and discrete from any other warranties specified in this Contract. audit findings,or the City,at its option,serves the right to deduct such amounts owing the City from anv
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
Contractor-
in this Contract by reference. 27.HOUSE BILL 2015. House Bill 201 S.signed by the Governor on June 14,2013 and effective on January
I,'_0 W,authorizes a penalty to be imposed on a person who contracts for certain scrviecs with a governmental
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to thestandards 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 Health Act of 1970. In the subcontractors who fail to property classify individuals perfarming 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$200 for each individual that has been misclassified.(Texas Goverment Code Section 2155.00 1),
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,
11,NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for salt Scllcr 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 shall 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 byway of infringenment of the like. Bu-vcr makes no
warranty that the production of goods according to the specification will not givc rise to such a claim,and in no 29,HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by tine 84th
event shall Buyer be liable to Seiler for indemnification in the event that Seller is stied on the grounds of Legislature,created§2252.908.Texas Government Code.Section 2252.908 requires a business entity entering
infringement of the like. If Seller is of the opinion that an infringenhent or the like will result,he will notify the into certain contracts with a governmental entity or state agency to file with the governmental entity or state
Buyer to this effect in writing within two weeks after the signing ofthhs agreement. If Buyer does not receive agency a disclosure of interested panics 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 entity or state agency. Instructions for completing Form 1295 arc available at:
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in Intn: %•m I r-'mf, tion
infringement or the like,the contract shall be null and void 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that the Contractor los 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 de$aiptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriaiion of funds contained herein and any additional associated documents and Amendments.The City disclaims any terns 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 byline parties. In time event of conflict
terminate the contract,without termination charge or other liability.on the last day of the then-current fiscal between these toms and conditions and any terms and conditions provided by the Contractor,the terns and
year or when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided herein stall prevail. The terms and conditions provided herein are the final terns 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 tern 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 1'0,contractor acknowledges that purmtant to Section 2270.002,Government Code,(a)
such notice shall be of no effect and time City shall not be obligated under this contract beyond time date of
termination. This section applies only to a contract that:(1)is between a governmental entity and a company with 10
or more full-time employees;and (2)has a value of S 100,000 or more that is to be paid wholly or partly
IJ.RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods m 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
14.CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered it:([)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.,
portion of this order if Seller breaches any of the terms hemor including warramics 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'(9
-16 D-10-21-2019
Contract Number: 521
Contractor: Volvo & Mack Trucks of Waco
_ (VED Heritage Properties, LTD)
Prepared By: Justin Clark
Phone: (254) 662-0911
1 _ Email:jclark@volvomackwaco.com
Fax: (254) 662-0558
Buying Agency: Cit of Lubbock
Contact Person: Bill Taylor Mack MRU613 (TE64) for refuse
Phone: 806-445-2387
Fax.
Email: btayloramail.ci.lubbock.tx.us
Product Descriptioni DescriptionMack MRU613, Item No. 280 1P0 Number:
A. Product Item Unit Price Per Contract 521-16 $39,000
B. Published Options - Itemized Below
Description Cost Description Cost
Mack MP7 375 HP $15,000.00 315/80R2.5 front and rear tires $0.00
6 speed allison automatic - 4500 RDS $41,600.00
20,000 Front axle $24,900.00
Mack 44k camelback rear suspension $31,000.00
Locking differential $11,000.00
200-249 wheelbase 210" $34,000.00
50 gallon fuel tank RH $6,600.00
3.98 rear gear ratio $0.00
DISCOUNT -$57,401.00
*see attached specs for more details
Subtotal From Additional Sheets
Subtotal B: $106,699.00
C. Bodv Options & Unpublished Options - Itemized Below
Description Cost Description Cost
Subtotal From Additional Sheet (s):
Subtotal C: $0.00
D. Total Cost Before Any Applicable Trade-In/Other Allowances/Discounts A+B+C
Quantity Ordered I 31X Subtotal of A+B+C 1 $145,699.00 Subtotal D: $437,097.00
E. Bu board Fee From Fee Schedules Table Subtotal E: $400.00
F. Trade-Ins/S pecial.Discounts/Other Allowances/Frei ht/Miscellaneous Charges
Description Cost Description Cost
Subtotal F: $0.00
Delivery Date: 120+ days from issued PO G. Total Purchase Price D+E+F $437,497.00
PLEASE EMAIL A COPY OF THE QUOTE AND PO TO BUYBOARD AT info[a7buyboard.com
Volvo Mack Trucks of Waco 1287 Sun Valley Rd., Robinson,TX 76706 Page 1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
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.
2019-558838
VED Heritage Properties Ltd dba Volvo&Mack Trucks of Waco
Robinson,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/06/2019
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.
31048941
Mack MRU613
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Brooks, Marilyn Robinson,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name isoD and my date of birth is
cc
My address is 8 7 tJGln OIrj CS n '7'G'rQ'� cL�/1/ICp)Z
Gl �__
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in All'
County, State of on the(n day of eJ6Z1*(i§Y,20
(month) (year)
Signature of authori6d 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 3.295
10f1
Complete Nos.l-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. 2019-558838
VED Heritage Properties Ltd dba Volvo&Mack Trucks of Waco
Robinson,TX United States Date t=iled:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/06/2019
being filed.
City of Lubbock Date Acknowledged:
11106/2019
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.
31048941
Mack MRU613
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Brooks, Marilyn Robinson,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (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