HomeMy WebLinkAboutResolution - 2019-R0434 - PO With Rush Truck Centers - 11/19/2019 Resolution No. 2019-RO434
Item No. 6.35
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. 31048813 for the purchase of Peterbilt
348 Rear Loader as per BuyBoard 521-16, 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 November 19; 2Q19___
DANIEL M. POPE, MAYOR
ATTEST:
Rebec a Garza, City Secret
APPROVED AS TO CONTENT:
Mark rwood,Assist t City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
1 ccdocs/RES.-PurchaseOrd 31048813—Peterbilt 348 Rear Loader
October 25,2019
City of Page - I
Lubb o ek Date - 10/24/2019
TEXAS PURCHASE ORDER
Order Number 31048813 000 OP
526
TO: SHIP TO:
RUSH TRUCK CENTERS OF TEXAS, P CITY OF LUBBOCK
4515 AVE A FLEET SERVICES
LUBBOCK TX 79404-3433 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUB13OCK
ACCOUNTSPAYABLE
P.O.BOX 2000
LUBBOCK,'rX 79457 BY:
Nlarta cz,DirectorofPurchasing&ContractManagcment
Ordered 10/24/2019 Freight
Requested 5/25/2020 Taken By R ROCHA
Delivery J LOERWALD REQ 54768 BUYBOARD 521-16 PUR 15028
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Peterbilt 348 Rear Loader 1.000 207,969.0000 EA 207,969.00 5/25/2020
CC 5811
Total Order
Terms NET 30 207,969.00
This purchase order encumbers funds in the amount of$207,969.00 awarded to Rush Truck Centers of Texas,L.P.of Lubbock,TX,
on November 19 ,2019.The following is incorporated into and made part of this purchase order by reference: Quote dated
October 16,2019, from Rush Truck Centers of Texas,L.P. of Lubbock,TX,and BuyBoard Contract 521-16.
Resolution# 2019-RO434
CITY OF LUBB K ATTEST:
Daniel M.Pope,Mayor R Ie 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:
I.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 he clearly and pennanently marked as follows (a) Seller's name and address,
(b)Consignee's name,address and purchase order or purchase release number and thesupplyagreement number 15.TERMINATION.The performance ofwork under this orderma•v be tcmtinmed in whole,or in part by the
ifapplicable,(c)Container numberand total number of containers,e.g.box I of 4 boxes,and(d)die number Buyer in accordance with this provision. Termination of work hereunder shall be affected by the delivery
of the container bearing the packing slip. Seller shall bear cost of packaging unless otlm rwisc provided. Goods of the Seller of a"Notice of Tenninatior'specifying the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conformh with requirements of common order is terminated and the date upon which such termination becomes effective. Such right or termination is
carriers and any'applicable spcei ficalions. Buyer's count or weight shall be final and conclusive on shipmemS in addition to and not in lieu of llie rights of Buyer set forth in Clause 14,herein.
not accompanied by packing lists. 16.FORCE h•IAJEURE. 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 tames of provisions of this contract is delayed or prevented by any cause not within die control of tithe
reservation and no tender of a bill of lading will operate as a tender of goods. party whose performance is inlerNmd with,and which by the exercise of reasonable diligence said pony is
unable to prevent.
3.TITLE AND RISK e LOSS. The lithe and risk of loss of the genets shall not pass to Buyer until Buyer 17,ASSIGNMENT-DELEGATION. No right 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 fully comply delegation by Seller shall he wholly void and totally ineffective for all purpose unless made in conformitytvilh
with all provisions of this contract as to time ofdelivery,quathy and the likes 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 tender,
provided,where the time for perfommance has not yet expired,the Seller may reasonably notify Buyer of his I8.WAIVER. No clainh or right arising out of a breach of tris 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 aficrvard• by a waiver or renunciation of the clainh or right unless the waiver or renunciation is supponed by
consideration and is in writing signed by the aggrieved party.
5.IWOICC•S&PAYMENTS.a S e I I c r shall submit separate invoices,in duplicate,one eachpurchase
order or purchase release oiler each delivery•. Invoices shall indicate the purchose order or purchase release 19• INTERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and
number and the supply agreement number if opplicable. 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 u pan or his bid,is intended by the part ics as a final expression of tlicir agreement 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 temis of their agreement. Whenever a temi defined by the
79457. Payment shall not be due until the above instruments are submitted ager 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 tic Seller,cancel this contract widmut liability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniforn Commercial Code.Whereever
Seiler if it is determined by Buyer,that gratuities,in Lite form of entertainment,gifts or otherwise,were offered the tern"Uniform Commercial Codi'is used,it shall be construed as meaning lite Uniform Commercial
or given by the Seiler,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 cffectivc and in force on the date of Ibis agreement.
Lubbock with a view to securing a contract or scenting favorable treatment wish 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 o contract. In the event til:other party's intent to perfomh he may demand that lite other party givc written 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 itadc 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 gratuities, patty nay treat this failure as an anticipatory repudiation of the contract.
7.SPECIAL TOOLS S TEST EQUIPMENT. If the price stated on the ficc hercof 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 or required by Seller for the purpose of filling this order, employees,against all injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments,costs
such special tooling equipment yid any process sheets related thereto shall become the property of ilia Buyer and expenses,which may in anywise accrue against ilia Buyer in consequence of the granting of this Contract
and to the extent feasible shall be identified by ilia Seller as such. or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was
8.WARRANTY-PRICE.a. The price to be paid by the Buyer shall he that contained in Seiler's bid caused hough negligence or omission of the Seller or its employees,or of ilia subSeller 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,mid the Seller shall,at his own expense,appear,defend and pay all charges of attorneys
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 therewith,and,if anyjudgment
of purchase. In 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,[he Seller shall,at its men 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 ilial any bond required by this contract,or
liability to Seller for breach or Seller's achtal expense.b.Ilia Seller warrants that no person or selling agcncy otherwise provided by Scllcr,shall in no way limit the responsibility to indenuiil'y,keep and save harmless
has been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend ilia Buyer as heroin provided.
commission,percentage,brokerage,or contingent fee excepting bona fide employees of bona fide established 23.TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of this contract,and failum by contract to meet the time specifications of this agreenmem will cause Seller to
vitiation of this warranty the Bu)ar shall have ilia right in addition to any other right of rights to cancel this be in default of this agmenient.
contract without liability and to deduct from the contract price,or ollhcnvise recover without liability and to
deduct from the contract price,or ottenvise 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 a0orded equal opportunities to
submit bids in response to this invitation and will not be 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 for an award.
so shall render this contract voidable a t the option of the Buycr. Seller warrants that the goods furnished will
conform to the specification,drawings,and descriptions listed in the bid invitation,and to the samplc(s)furnished 25.NON-ARBITRATION.The City reserves lite right to exercise any right or remedy to it by law,contract,
by ilia Seller,if any. In the event of a conflict or between the specifications,drawings,and descriptions,the equity,or otherwise,including within limitation,the right to seek any and all forms of relief in a court of
specifications shall govern.Notvits[anding any provisions contained in the contractual agreement,the Seller competent jurisdiction.Further,the City shall not be subject to any arbitration process prior to exercising
represents and warrants fault-frac 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 am cumulative and not exclusive,
(including,but no limited to calculating,comparing and sequencing)of all lardwarc,softwnre and firmware and may be exercised concurrently.To the extent orally,conflict bctwecn this provision and another provision
products delivered and services provided under this Contract,individually or in combination,as;the ease may in,or related to,this document,this provisionsliall control.
be from the effective date of this Contract.The obligations contained herein apply to products and services 26.RIGHT TO AUDIT.At any time during the tern of the contract,or thereafter,the City,or a dilly
pmvidcd by the Seller,its sub-Seiler or any third party involved in the creation or development of Ilhe products authorized audit representative of the City or the State of Tcxas,at its expense and at rcosonable times,
mid 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
obligmions contained herein,may result in the City of Lubbock availing itself of any of its rights under the this Contract. In the event such on audit by the City reveals any eters 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 amount of such overpayments within thiny(30)days of such
warranties contained herein are separate and discrete from any other warranties specified in this Contract, audit findings,or the City,at its option,uscrvcs the right to deduct such amounts owing the City front any
and are not subject to any disclaimer of watramy,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 2015,signed by lite Governor on June 14,'_013 and effective on January
1,?014,authorizes a penalty to be imposed on a person who contracts for certain services with a governmental
10.SAFETY WARRANTY. Seller warrants that ilia product sold to rte 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 Health Act of 1970. In the subcontractors who fail to properly classify individuals performing work under a governmental contract will be
event the product does not confottu to OSFIA standards,Buyer may return the product for correction or penalized$200 foreach individual that has been misclassified.(Texas Government Code Section 2155.001).
replacement at the Seller's expense. In the event Seller fails to make Lite appropriate correction within a
reasonable time,correction made by Buyer will be at the Seller's expense. 28.ASSIGNNG OR SUBLETTING THE CONTRACT.The Contractor shall not assign or sublet the contract,
or any porion of lite contract, without written consent from the Director of Purchasing and Contract
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller Management. Should consent be given,the Contractor shall insure the Subcontractor or stall provide proof on
agrees to ascertain whethergoods nanufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract Insuraee requirements.
will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no
wam,my that the production of goods 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 fle 8401
event shall Buyer be liable to Seller for indemnification in tic event that Seller is sued on the grounds of Legislature,created§2252.908,Texas Goverment Code.Section 2252.908 requires a business entity entering
infringement of the like. IfSeller is of the opinion that an infringement or the like will result,he will notify(lie into certain contracts with a governmental entity or state agency to Ne with lite governmental entity or state
Buyer to this effect in writing within two weeks afle•the signing ofthis 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 ilia like,Seller will save Buyer harmless. If governmental entity or state agency. Instructions for completing Form 1295 are available m:
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in hap:"yaw•w.ei.luhtw,ek.Ix.ac••depannentnl-wuhcitcsldennnments+OS1¢h0;1uL'tSCndor•iu_. f,ts nt�lion
infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES,by Supplying IY•n6 n•any Goods or Services that Ilene Contractor has read,
12. NON APPROPRIATION.All funds for payment by Ilia City under this contract are subject to the fully understands,and will be in full compliance with all terms and conditions anti the descriptive material
availability of an annual appropriation for itis purpose by the City. In the event of nonappropriat ion of Ponds contained herein and any additional associated documents and Amendments,The City disclaims any,temps 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 panics. In the event of conflict
Laminate the contract,without termination charge or other liability,on the last day of the then-curnril fiscal between terse terns and conditions and any teams and conditions provided by lite Contractor,the lams and
year or when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided liere in shall prevail. The temps and conditions provided therein are the final terns agreed
is spent,whichever event occurs fest. If at any tinme funds are not appropriated for the continuance of this upon by the panics,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.OD2,Government Code,(a)
such notice shall be of no effect and ilia City shall not be obligated under this contract beyond the dale of This section applies only to a contract that:(1)is between a governmental entity and a company with 10
termination.
or mon full-time employees;and (2)Inas a value of 3100,000 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 finds 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 Bronco the company that
14.CANCELLATION. Buyer shall have the right to cancel far default all or any part of the undelivered it:(I)does not boycott Israel:and(2)will not boycott Israel during the tent of the contract..
Portion of this order if Scllcr 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
BUYBOARD
Vendor I?IiSH 77?1 X W C'Is7V"1 LR 1)atc Prepatrd 101101201.9
Contact low Vcndor: C'OLTOJVKI? Phonc (830)302-5219
End t'scr: C'ilY of Ltrhbock
End t'scr Contact: Marla Alvarez Phone/Fax (800)77512107
Product Description: Peterbilt 348Rear Loader
A: Base Price in Bid/Proposal Number: 521-16 Series: 348 $ 73,656.00
DESCRIPTION AMOUNT OPT# IDESCRIPTION AMOUNT
Peterbilt Frame` Equimpment $ 3,509.00 Irt'c-niers 500E $ 121,641.00
Peterbilt Front/Rear A\ICs,Lquipnient $ 17,248.00
Peterbilt Ent,�nc/Transmission LK Ecluipuicnl $ 14,690.00
Petewbllt air&Trailell'Baunv Box&Bumper $ 2,841.00
Subtotal Column 1: $ 38,288.00 Subtotal Column 2: $ 121,641.00
Published Options added to Base Price(Subtotal of"Col 1"& "Col 2") S 159,9`L9.00
C: Subtotal of A+ B $ 233,585.00
D: Non Published Options
Dura Pack Rear Loader with Options $(24,416.00)
Subtotal Column 1: $ (24,416.00) ISubtotal Column 2: $ -
Unpublished Options added to Base price(Subtotal "Col 1 + Col 2') $ 24,416.00
E: Contract Price Adjustment(If any, explain here)
Paccar Q4 Conquest Customer Discount $ 1,600.00)
F: Total of C+ D+/- E $ 207,569.00
G: Quantity orderer Units: 1.00 x F $ 207,569.00
H: BUYBOARD Administrative Fee % $ 400.00
I: Non-Equipment Charges &Credits (Le.:Ext. Warranty, Trade-In, Delivery, etc.)
J: TOTAL PURCHASE PRICE INCLUDING (G+H+I) $ 207,9(19.00