HomeMy WebLinkAboutResolution - 2020-R0039 - EZ-Liner Industries - 01/28/2020 i
Resolution No. 2020-R0039
Item No. 6.13
January 28, 2020
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. 31049890 for the purchase of Paint
Striping Truck as per Sourcewell Contract 052417-EZL,by and between the City of Lubbock and
EZ-Liner Industries of Orange City, Iowa, 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 January 28, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Rebe arta, City Sec "
j APPROVED AS TO CONTENT:
c�
Mark Yearwood;Assistant City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdocs/RES.-PurchaseOrd 31049890—Paint Striping Truck
December 19,2019
City of Page - 1
-,
Lubbock Date - 12/18/20I9
TEXAS PURCHASE ORDER
Order Number 31049890 000 OP
526
TO: SHIP TO:
EZ-LINER INDUSTRIES CITY OF LUBBOCK
1920 ALBANY PLACE SE FLEET SERVICES
ORANGE CITY IA 51041 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O.BOX 2000 --jaw
LUBBOCK,TX 79457 BY:
Maria AI arez,Directorof Purchasing&Contract Management
Ordered 12/18/2019 Freight
Requested 8/18/2020 Taken By R ROCHA
Delivery J LOERWALD REQ 54995 SOURQEWELL 052417-EZL PURI 5115
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Paint Striping Truck 1.000 557,496.0000 EA 557,496.00 8/18/2020
EZ-Liner TS-AL560
Total Order
Tcrms NET 30 557,496.00
This purchase order encumbers fiends in the amount of$557,496.00 awarded to EZ-Liner Industries of Orange City,IA,
on In ,2020.The following is incorporated into and made part of this purchase order by reference:
Quote dated ecember 6,2019, from EZ-Liner Industries of Orange City, IA,and Sourcewell Contract 052417-EZL.
Resolution# �9�999�p
CITY OF LUBBOCK ATTEST:
Daniel . Pope,Mayor keSe3Crza,City Secretar
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARDTERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS Sella will package goods in accordancewith good commacial practice. lieu of any other remedies which Buyer may have in law or equity
Eub shipping contains shall be clearly and permanently marked as follows(a)Seller's name and address, I5.TER1v4NATION.The orm:mceoCwork under this order may be tammnted m whole,or in an the
(b)Comsrgoee's name,address sad purchase order or purchase release number and the supply a6,eemaa number Y P by
if applteable,(t)COntama number and total number of containers,e.g box I of 4 boxes,and(d)the number Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the container bearia the packing slip Seller shall bear cost of k of the Sella of a"Notice of Termination"specifying the extent to which orawaceof work under the
8 se 8 P pec confer unless req ircroc is of c Goods
shall be suitably packed to secure lowest 1 mspertation costs and ro conform with regv'vancats of common order is terminated and the date upon which such lamination becomes effective. Such right or lerminaEion 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 rigbts of Soyer set forth in Clause 14,herein
not arwmpaniedbypacking lisis 16.FORCE MAJEURE. Neither patty shall be held responsible for losses, resulting iftbcfulfttment
2.SHIPMENT UNDER RESERVATION PROHIBTFED. Sella is not authorized to ship the goods under of any tams of provisions of this con ran is delayed or prevented by any cause not within the count of the
«lavation and no tender of a bill of lading will operate as a tender of goods. parry whose perfernanre 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 foss of the goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of delivery. 17.ASSIGNMEPTT-DELEGATION. No right or interest in rbcs coati-act shall be assigned or delegation of
any obligation made by Seller without the writm permission of the Buyer Any attempted assignment or
4NOREPLACEMENTOFDEFECTIVE TENDER. Every teaderofdelivery orgoods Must fvltycornply dcleSat too by Seller Out]I be who Ily void and totally ineffective for all purpose unless made in con forta4y with
With ail provbtoas of this contract as to time of delivery,quality and the like. Ifa tender is made which does not this Paragraph.
fully conform,this shall coostituic a breach and Seller shall not have the right to substitute a conforming tender. 18.WA1vER No claim,or right arising nue of o breach of tits contract em be dtuMrged in whole or in pan
provided where the time for performance has not yet expired,the Seller may reasonably notify Buyer of his 18 s waives or renunciation of the coon or right sinks cite watva or d"karenungad i is supported by
intention to cure and may then make a conforming tender within the contract time but act ala and by a w ver and is in writ' signed the
ung S by aggrieved party
5.INVOICES&PAYMENTS.a S til e r shall submit separate mvorces,in duplicate,one cath purchase
order or purchase release after each delivery Invoices shall indicate the purchase order or purchase release 19. INTERPRETATION-PAROLE EVIDENCE. This writing, phis any specifications for bids Find
number and the supply agreement number if applicable. Inv:ices shall be itemized and transportation charges, Performance provided by Buyer in its advertisement for bids, and any other doatments provided by
if any.shaft be listed separately. A copy of the bill of lading.and the freight waybill when applicable,should Sella as part of his bid,is intended by the parties as a fowl"pression of thea agrecarrot and intended also
be attad>ci to the invoice. Mail To.Accounts Payable,City of Lubbock,P.O.Box 2000,Lubbock,Torre 'as a complete and seclusive statement of the terms of their agreement Whenever a taco defined by the
?9451 Payment shall not be due until the above lasrauments are submitted afla delivery. Uniform Commercial Code is used in this agreement,the defumitma contamd in the Code is to count.
6 GRATUITIES The Buyer may,by imnen notice to the Seller,cancel this contract without Lability to 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.Whermer
Seller if it is determined by Buyer that gratuities,in the form of entertainment,gifts or otherwise,were offered the term"Uniform Commacul Code'is used,it shall be construed as meaning the Uniform Comrncrcial
or Ivm the Seller,or any epi y employee of the City of Code as adopted in the State of Texas m effective and in force on the date of that agreement.
g by y agent or representative d the Seller,to an officer or em to
Lubbock with a view to securing a contract or securing favorable treatnnent with respect to the awarding or 21.RIGHT TO ASSURANCE. Whenever one parry to this contract in good faith has reason to question
arcading,or the making of any determinations with respect to the performing of such a contract la the went the other party's intent to patent he may demand that the other party give written assurance of his intern to
this contract is canceled by Buyer pursuant to this provision.Buyer shall be entitled,in addition to any other per form In the event that a daaand is made and no assurance isgiven wnhm five(5)days,the demanding
rights and remedies,to recover or withhold the amount ofthe cost Incurred by Sella in providing such gratuitiesparty may treat this failure as an anticipatory repudiation of the contract
SPECIAL TOOLS&TEST EQUIPMENT If the price stated on the face bettor includes the cost of any 22,INDEMNIFICATION.Sella shall indemnify,kap and save harmless the Buyer,its agents,officials and
special tooling or special test equnpment fabricated or required by Seller for the purpose of filling this order, employes,against all injuria;,deaths,loss•darnagm.claims,patent clamis,suits,liabilities,judgments,cons
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and expenses,which may in anywise accnu against rte Buya in consequence of the granting of this Contract
and to the extent feasible shall be identified by the Seiler as such. or which may anywise result therefrom whether or nit it shall be alleged or determined that the act We,
8 WARRANTY PRICE.a.The pmt to be paid by the Buyer shall be that comained in Scl la's bid causedthrough negligence or omission of the Sella or its employees,or of the subSclla or assignee or its
which Sella warrmrts to be no higher than Sella's current process on orders by others for products of the kind eroployces,if any.and the Sella shall.at his own expense,appear,defend and pay all charges of attorneys
and specification covered by this agreerau for similar quantities ander similar of like conditions and methods and all costs and other expenses wising therefrom of urcurrd in connection therewith,and if any judgment
I purchase In the went Seller branches this warranty,the shall be rendered against the Buyer br any such wuua,the Seller shall at its own expenses,satin and
c p ty, prices of the aeras shall be educed m the f3'
Seller's curer prices on orders by others,or in the ahanative Buys may cancel this contract without discharge the same Sella expressly understands and agrees that any bond required by this coaract,or
liability to Seller for breach or Sellers actual expense.b The Seller warraats that no perma or selling agency otherwise provided by Sella.shall in no way limit the responsibility to indemnify,kcepand save harmless
has beta employed or retained to solicit or secure this contract upon m agreement or understanding for and defend the Buyer as herein provided.
commission,pereentagc,brokerage,or commgeat fee excepting bona fide employees of boon fide established 21.TIME. It is hereby expressly agreed and understood that lime is of the essence for the performance of
commercial or selling agencies maintained by the Sella for the purpose of souring business. For peach of this Cnmmct,and failure by contract to met the time Specifications of this agreement will cause Sega to
viciation of!Itis warranty the Buy=shall have the right in addition to any other right of rights to cancel this be in default of this agreanmt
contract without liability and to deduct from the contract price,or otherwise recover without liability and to
deduct from the contract price,orotherwue 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
OF coatimgcnt fee. pursuant to this request,minority and women business enraptises will be afforded 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. Sella shall not limit or exclude nay implied wwraoues and any attempt to do sex or natural origin in consideration for an award.
so shall reader Otis contract voidable at the option of the Buyer. Sella warrants that the goods furnished will
conform to the specification,drawings,and descriptions listed in the bid invitation,and to the sample(s)famished 25.NON-ARBITRATION.The City reserves the right to exercise my right or m medy to it by taw,contract.
by the Sella,if any. In the event of a conflict or between the specifications,drawings,and descnptfous,the equity,or otherwise,including without limitation.the right to seek any and all forms of relief in a coup of
speeifreatlos shall govan.Notwirhean,r ng any provisions contained in the contractual agreement,the Sella competent jurisdiction.Further,the City shall not be sub'ect to any arbitration process prior to exercising
represents and wrrrams fmh-free performance and fault-fro result in the processing date and date related data its unrestricted right to seek judicial remedy.The remedies ser forth herein are cumulative and not exclusive,
(uicluding,but not Lmhcd to calculating,comparing and sequeacing)of all budwars,software and firmware and may be seed conctin—ly To the extent ofany conflict between this provision and another,provision
products delivered and services provided under this Commit,individually or in combination.as the case may ia,or related to,this document,this provision shall control,
be from the effective date of this Coatran.The obligations contained herein apply I.,products and services 26.RIGHT TO AUDIT At any time during the term cf the contract,or thereafter,the City,or a duly
provided by the Seller,irs sub Sella or any thud parry involved to the creation or development of the products authorbd audit«presentative of the City or the State of Texas,at as"pease and at reasonable tines,
and services to be delivered to the Cay of Lubbock under this Contract. Failure to comply with my of the restrves the right to audit Contractors records and books relevant to all services provided to the City under
obligations contained hereia,may result in the Cay of Lubbock availing itself of any of its rights under the this Contract In the event such an audit by the City reveals my errors or overpayments by the City,
law and uedc this Contract including,but not limited to,its right pertaining to tar❑mareon or default. The Contractor shall refund the City the full amount of such ovapaymrnts within thirty(30)days of such
warranties contained herein we separate and discrete from my other warranties specified in this Contract, audit findings.or the City,at as option.reserves the tight to deduct such amounts owing the Chy from any
and we not subject to any disclaimer of warranty,implied or expressed,or limitation of the Sellers liability payrmrnts due Contractor
which may be specified in this Contract,its appeadicm its schedules,its annexes or any doc'umtat incorporated
in this Contract byrefermce. 27 HOUSE BILL 2015. House Bill 2015,signed by the Govcmor cam lune 14,2013 and cffcclive ou lemary
I,2014,Authorizes a penalty to be imposed on a person who contracts for certain services with a govanromial
10 SAFETY WARRANTY. Sella 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 Health Act of 1970. In the subcootrwors who fail to properly classify individuals performing wont under a governmental contract will be
event the product does not conform to OSHA standards,Buyer may recur the product for correction or penalized 5200 for each individual that has been mise assificd.(Texas Government Code Section 2155&I1)
replacement at the Sella's"pease to the went Sella fails to make the appropriate correction within a
reasonable time,correction made by Buyer will be at the Sella's expense. 28.ASSIGNING OR SUBLETTING THE CONTRACT.The Coatractorshall cot assign or sublet the contract,
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part o(Ous contract for sale Sella or any portion of the contract,without written consent from the Director of Purchasing and Contract
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement tasurm c from
Should consent to given the Contractor shall act Inre:the Subcontractor or shall provide proofon
insttrance Gam the Subcontractor that romplia with all contract Insurance requirements
will give rise to the rightful claim of any thud person by way of infringement of Ute like Buyer maks no
warranty that the production of goads 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 indannlfication in the event that Sella is sued on the grounds of Legislature,created§2252.908,Texas Government Code.Section 2252.908 requires a business eatery mterimg
infrngement of the like. If Sella is of the opinion that an mGingaamt or the like will resuh,he will notify the into certain contracts with a governmental entity or store agency to rite with the governmental entry or state
Buyer to this effm in writing within two weeks after the signing ofthis agreement. If Buyer does not receive agency a disclosure of interested ponies at the time the business entity submits the signed cootract to the
notice and is subsequently held liable for the mfrmgmi ew or the like,Sella will save Buyer harmless. If governmental entity or state agency. lastmctiens for completing Form 1295 are available at,
Sella in good faith siscataim the production of the goods in accordance with the specifications will result in 'h2—, .-. r lutrxr:'a ix•_vdrrarticenli c,cbi-i;tied:Nr1i:•rCCS'C•:cl.ti-d'iald�•'-a Gerr'dh'Jn
infringement or the filer,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 Cay under this contract arc subtext to the fully undamands,and will be in full compliance with all terms and conditions and the descriptive material
availabilay of an annual appropriation for this purpose by to Cay. to the wait of nonappropriation of funds contained herein and any additional&ssociatd documents and Ameadmms.The Chy disclaims any terms and
by the Cay Council of the Cay of Lubbock for the goods or services provided under the contract,the Cay will conditions provided by the Contractor unless agreed upon in writing by the parties. in the event ol�coalict
terminate the contract,without lamination charge or other liability on the fan day of the thea-currenl fiscal between these terms said conditions and any terms and conditions provided by the Contractor,the term:and
year or whoa the appropriation made forthe 0mmturreat year for the goods or services coved by this contract conditions provided herein shall prevail. The terms and conditions provided herein we the final terms agreed
is spent,whichever event Ocelli)fast If at any time finds are not appropriated for the continuance of this upon by the ponies,and any prior conflicting tern shall be of no force or effect.
contract,cancellation shall be accepted by the Sella on thirty(30)days prior written notice,but failure to give 31.B ace this purchase order,the Vendor verifier that a dna not Boycott[sraeL and
such notice shall be of 00 effect and the Cay shall not be obligated under ibis contract beyond the dale of Y epang P ye agrees that during
the tam of this Agreement(Contract as applicable)will not Boycott Israel m that term is defend in Texas
levIDinatian Government Code Section 808 001,ns amended
13 RIGHT OF INSPECTION. Buyer shall have the right to=pact the goods m delivery before accepting
them.
14.CANCELLATION. Buys shall have the nght to cancel for defauh all or any pan of the=delivered
portion of this order tf Sclla breaches any critic terms hereof ireludigg warranties of Seller or if the Sella
becomes insolvent or commits acts of bankruptcy Such right of caacetlatiou is in addition to and not in
x _
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z
December 6, 2019
City of Lubbock Traffic Operations-(Sourcewell Member ID 425001)
Attn: Mr. Jim Taylor
915 Avenue J
Lubbock,TX 79401
Re: Sourcewell Contract No. 052417-EZL Purchase of EZ-Liner
Model TS-AL560 Truck Mounted Striping Machine-Price Sheet
Item Description List Price
18A AL500 Base Unit $221,510.00
18A-01-03 Boss 210DUS w/JD Tier 4 ILO Base 12,580.00
18A-01-05 Air Jets,each$830.00 x 6 4,980.00
18A-03-02 Electric over Hyd Control ILO Base,each$1,940.00 x 3 5,820.00
18A-04-01 Add'l Paint&Bead Line with Graco Guns,ea. 4,670.00
18A-04-04 1"LP Paint Re-circulation for Black Paint 1,100.00
18A-04-05 Add'l 445-345 HP Pump, each$12,040.00 x 1 12,040.00
18A-05-01 Two Color Scavenger Heat System 21 540.00
18A-06-01 25-Gallon Poly Flush Tank 2,210.00
18A-07-02 Gallon Counts,per color$490.00 x3 1470.00
18A-07-04 1030F-4 Message Board ILO Base 14550.00
18A-07-06 Laser Guidance System 8 900.00
18A-07-07 Skip-Line,Inc. DL-12 Monitor System 20 070.00
18A-07-08 Printer for Skip-Line, Inc. Monitor System 1,140.00
18A-07-09 Camera Guidance System w/CVO-312 Video 12,250.00
18A-08-02 Operator Cab, Aluminum HI-VIS 20,180.00
18A-08-03 Dual Split Aircraft Style Gun Carnage 2,100.00
18A-08-05 Aluminum Toolbox, each $890.00 x 2 1.780.00
Subtotal $368,890.00
3%Discount ($11,067.00)
Net Amount Published Pricing $3579823.00
Delivery
18A-10-02 Delivery Charge F.O.B. Destination within 251 to 999 miles
from Orange City, IA-price per mile$5.20 x 900 miles $4,680.00
Chassis
2021 Model Year Peterbilt Model 520 Chassis $123,806.00
(Quote based upon Peterbilt's Sourcewell Contract No. 081716-PMC)
Sourced Goods
60 Gallon Black Paint Tank $ 4,704.00
(4)Potters Visigun Bead Guns ILO Graco, ea. $1,881.00 x 4 7,524.00
(4)Gun Raisers for Bead Guns,ea. $682.00 x 4 2,728.00
(2)Black Paint Guns with Gun Raisers,ea. $2,195.00 x 2 4,390.00
(2) Graeo Handguns-(1)for Yellow&(1) for Black,ea. $781.00 x 2 1,562.00
Special Strobe Light System 3,763.00
(2)Remote Trigger Switches for Timer System,ea. $725.00 x 2 1,450.00
(5)Person Wireless Sonetics Intercom System ILO(3) Person David Clark 5,142.00
Rearview/Backup Camera w/Quad Processor&Recorder 9,426.00
(2)GL3000-PM Carriage Lasers,ea. $3,515.00 x 2 7,030.00
(1) 1 ''/z" ARO Diaphragm Pump for Black Paint 6,845.00
Follow Up Two Day Training Session 5,205.00
Yd City Employee for Factory Pre-delivery Inspection Meeting Trip 1,250.00
Special Spare Parts Kit for Three Color Truck 10,168.00
Total for Sourced Goods 71,187.00
TOTAL AMOUNT $557,496.00
Respectfully submitted,
EZ LINER
Norm Scholten
Truck Project Manager
712-707-9778
EZ Liner . PO Box 140 • Orange City,IA 5 1041
P;(7121737-4016 TF:(600)373-10'16 eeiinerxorn
._..F..�ky. ���£�.+�t�z��`t�.r '�.0�` •.x x I�rr�.5"..S,tyr�r�x`44�' +� *Yft'R`t;r�ix+�`f�� !,�'�''.
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. 2020-574225
Vogel Traffic Services,Inc.dba EZ-Liner Industries
Orange City, IA United States Date Filed:
2 Name of governmental entity or state agency that Is a party to the contract for which the form is 01/06/2020
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.
31049890
EZ-Liner TS-AL560
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑ �"
X �
6 UNSWORN DECLARATION
My name is Steve Roesner and my date of birth is
My address is 908 6th Street SE Orange City IA 51041 USA
(street) (city) (slate) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Sioux County, State of_ Iowa ,cn the 7th day of January 20 20 .
(month) (year)
Signature of author agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us f Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
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. 2020-574225
Vogel Traffic Services, Inc.dba EZ-Liner Industries
Orange City, IA United States Date Filed:
2 Name of governmental entity or state agency that is a parry to the contract for which the form is 01/06/2020
being filed.
City of Lubbock Date Acknowledged:
01/08/2020
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.
31049890
EZ-Liner TS-AL560
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my dale of birth is
My address is
(street) (city) (state) (zip 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