HomeMy WebLinkAboutResolution - 2018-R0297 - Warren CAT - 09-13-2018 (2)Resolution No. 2018-IZ0297
Item No. 6.18
September 13. 2018
RESOLUTION
I31_ IT RFSOLVI D I3Y TI II` CITY CQUNC11, ❑F TII1: CITY 0 F LUBBOCK:
T] IAT the Mayor of tltc City of l..ubbock is hereby authorized and dir'cctcd to cxec:ute for
and on behalf' oI' the City oi' Lubbock. Service Contract No. 14258 1'or maintenance and repairs
on City heavy vehicles and equipnient. by and between the City of Lubbock and Warren CAT,
and related documents. Said Contract is attached hereto wid incorporated in this resolution as if
fully set forth herein and shall be included In the minutes ofthe Cily Council.
Passed by the C it)' Council on
September 13, 2018
DANIFI, M. I)01)1 , MAYOR
ATTEST:
Reb ca Garza. C itv Secretary
APPROVED ASTO C ONTFN'
<� oh��_ vv�
Scott Snider. Assistant City Manager
APPROVED AS TO FOIZM:
K lli Leisure, Assistant City Attorney
ccdocs'RES.Contract-Warren L'A I
Ilrrgust 16, 2018
Resolution No. 2018-RO297
Contract 14258
City of Lubbock, TX
Service Contract for
Maintenance & Repairs on City Heavy Vehicles and Equipment
THIS CONTRACT made and entered into this 131" day of September, 2018, by and between the City of
Lubbock ("City"), and Warren CAT, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for 18-14198-SG Maintenance & Repairs
on City Heavy Vehicles and Equipment and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the
execution, in the name of the City of Lubbock a contract with said Contractor covering the Maintenance &
Repairs on City Heavy Vehicles and Equipment.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, the Contractor will deliver
Maintenance & Repairs on Heavy Vehicles and Equipment and more specifically described in Exhibit
"A" attached hereto. Exhibit "A" represents each of the items the contractor was found to be the
best value for the City. The original bid forms shall remain in the office of the Director of
Purchasing and Contract Management
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the
work provided for in this Contract and to complete and finish the same according to the attached
specifications, offer, and terms and conditions contained herein.
3. The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said
date of term beginning upon formal approval. All stated annual quantities are approximations of usage
during the time period to be covered by pricing established by this bid. Actual usage may be more or
less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any
specific amount of compensation, volume, minimum, or maximum amount of services under this bid
and resulting contract. The Contract must maintain the insurance coverage required during the term of
this contract including any extensions. It is the responsibility of the Contractor to insure that valid
insurance is on file with the Purchasing and Contract Management Department as required by contract
or contract may be terminated for non-compliance.
4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice. The
City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as
it deems to be in the best interest of the city.
5. Contractor shall at all times be an independent contractor and not an agent or representative of City
with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out
as, an agent or representative of City. In no event shall Contractor be authorized to enter into any
agreement or undertaking for or on behalf of City.
6. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall
furnish a completed Insurance Certificate to the City, which shall be completed by an agent
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all
endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular
policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or
regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and
shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage;
b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and
elected representatives for injuries, including death, property damage, or any other loss to the extent same
may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with
the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include
such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13"' Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents
as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by
the insurance company exonerate the Contractor from liability.
7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests
accruing from this Contract without the written consent of the other.
8. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent
jurisdiction. Further, the City shalt not be subject to any arbitration process prior to exercising its
unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of
the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's
records and books relevant to all services provided to the City under this Contract. In the event such an audit
thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS
CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of
this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by
companies approved by the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
TYPE OF INSURANCE COMBINED SINGLE LIMIT
GENERAL LIABILITY
® Commercial General Liability ❑ Other General Aggregate $1,000.00
❑ Claims Made ® Occurrence Products-Comp/Op AGG X
❑ W/Heavy Equipment Personal & Adv. Injury X
❑ To Include Products of Complete Operation Endorsements Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
❑ General Aggregate $
AUTOMOTIVE LIABILITY
® Any Auto ❑ All Owned Autos Combined Single Limit
❑ Scheduled Autos ❑ Hired Autos Each Occurrence ,$1,0 0, 00
❑ Nan -Owned Autos
EXCESS LIABILITY
Umbrella Form
GARAGE LIABILITY
® Any Auto
❑ BUILDER'S RISK
❑ INSTALLATION FLOATER
❑ POLLUTION
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR
OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILffY
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
Each Occurrence
Aggregate
Auto Only - Each Accident $1,000.000
Each Accident Aggregate
❑ 100% of the Total Contract Price
❑ 100% of the Total Material Costs
$1,000,000
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and
shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of
Insurance and all applicable endorsements are required.
by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of
such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right
to deduct such amounts owing the City from any payments due Contractor.
10. All funds for payment by the City under this contract are subject to the availability of an annual appropriation
for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without
termination charge or other €iabiIity, on the last day of the then -current fiscal year or when the appropriation
made for the then -current year for the goods or services covered by this contract is spent, whichever event
occurs first. If at any titne funds are not appropriated for the continuance of this contract, cancellation shalt be
accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and
the City shall not be obligated under this contract beyond the date of termination.
11. The Contractor shall not assign or sublet the contract, 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 insurance from the Subcontractor that complies with all
contract Insurance requirements.
12. The Contractor warrants that it complies witlt Chapter 2270, Subtitle F, Title 10 of the Texas Government Code
by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the teen of the Agreement.
13. SH 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as
a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist
organization.
14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 18-14198-SG,
Specifications, and the Hid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first
above written. Executed in triplicate.
CITY OF LUBBOCK
Daniel M. Pope, Mayor
ATTEST: -�
11e ec a Garza, City Secretary
CONTRACTOR
BY . .— tA�lctrren CAT
Authorize resenta/tive
Grr-e0( f�fnn�
Print Name
2)a �I O" ,eONJ. E;s�-
Address
L ,9-L T� � 9gay
AP ROVED AS TO CONTENT: City, State, Zip Code
Siliy Taylor, Director of Fl et Operations
A VZ<l� A D FORM:
14 lli Leisure, Assistant City Atmrney
City of Lubbock,TX
Warren Cat of Lubbock, TX
Maintenance Repairs to Heavy Vehicles and Equipment
Exhibit A
Category 2 Off -Road Equipment (Tractors, Backhoes, Loaders, Excavators, Cost
g rY Dozers, Graders, Scrapers, and Cranes)
Labor rate per hour (Billed in increments of full, half, and 1/4 hours) $ 135
Service call per hour
Service call mileage fee per mile
100
3.5
S',.raWsU:J DaocnMti4nv•Wo VItlfU 18•1/19&WM---.4Rc" mV11.., Vh�W.MEq,4,, tC%�dL,"d A. WUMCa
City of Lubbock, TX
ITB 18-14198-SG
Maintenance & Repair on City Heavy Vehicles and Equipment
General Specifications
The City of Lubbock is seeking a contract for maintenance and repairs of heavy vehicles and equipment
including hydraulics, welding and fabricating. The successful bidder ("the Company") will provide preventative
maintenance and repairs to heavy vehicles and equipment not covered under any manufacturer's warranty,
unless the Company is the authorized warranty dealer, to maintain fleet availability for the City of Lubbock.
Maintenance and repairs include, but are not limited to, the following:
Air Conditioning, Heating & Ventilation System
Axles
Brakes, Hubs & Bearings
Steering
Suspension
Drive Shags
Automatic Transmissions
Charging Systems
Cranking Systems I Ignition Systems
Lighting Systems, Electrical Accessories
Engines
Exhaust Systems
Fuel Systems
Power Take -Off (PTO)
Buckets /Booms
Def Systems
Equipment & Truck Categories
The following is a current list of Descriptions of City of Lubbock vehicles and equipment by Category which
are included in this maintenance and repair contract.
Category
Description
l)Trucks
Class 6-7-8-9
} Off -Road Equipment
Tmactors, Bic hoes, Loaders, Excavators, Dozers, Graaers,
Scrapers, Cranes
Wrailers
Utility, Pipe, Hay, Equipment, Crew, Cargo
WorkliRs
Clark, H ster, Cat, Daewoo, Case, Hilift, Princeton
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
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
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-394393
Warren Power & Machinery
Midland, TX United States
Date Filed:
08/20/2018
2
Name of governmental entry or state agency that is a party tot the contract for which the forms
being filed.
City of Lubbock
Date Acknowledged:
08121/2019
3
Provide the Identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14258
ITB 18-14198-SG Maintenance & Repairs on City Heavy Vehicles and Equipment
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
Mills, Matthew
Lubbock, 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) (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 V1.0.6711
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos, 1- 4 and 6 If there are Interested parties.
Complete Nos, 1, 2, 3, 5, and 6 it there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2018-394393
i
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Warren Power & Machinery
Midland, TX United States
—party-to
Hate Filed:
08/20/2018
2
Name of governmental entity or state agency RAF is a
being filed.
t the contract for which e forms]Date
City of Lubbock
Acknowledged:
3
Provide the Identification number used by the governmental entity or state agency to track or Identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14258
ITB 18-14198-SG Maintenance & Repairs on City Heavy Vehicles and Equipment
4
Name of Interested Party
City, State, Country (place of business)
Nature of Interest
(check applicable)
Controlling
Intermediary
Mills, Matthew
Lubbock, TX United States
X
5
Check only if there is NO Interested Party.
6
UNSWORN DECLARATION/�
My address is 74? S/7a-t Z—Cld L 4,d.4a__,e , 71AdY , 4S' .
,
(Street) (city) (state) (zip code) (country)
I declare under penalty ofperjury that the foregoing is true and correct.
Executed In Lb44re County, State of on the i1 G day of
month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
cnrrne nrnvirind hu Tavac Fthirc rrimmiccinn unvw_ethIcs.state.tx.us Version V1.0.6711
_...._ r
LCity of
ubboc
TEXAS
TO
PURCHASE ORDER
WARREN CAT
702 E SLATON ROAD
LUBBOCK TX 79404
SHIP TO:
Page - 1
Date - 11/18/2019
Order Number 31049284 000 OP
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta lvarez, Director of Purchasing & Contract Management
Ordered 11/18/2019
Requested 12/2/2019
Delivery L MOBBS REQ 54876
Description/Supplier Item
Parts
INV 20139038
Labor
Credit
Terms NET 10 EOM
Freight
Taken By
CONTRACT 14258
Ordered Unit Cost UM
1.000 46,936.4500 EA
1.000 8,949.1500 EA
1.000 (2,798.5400) EA
R ROCHA
Extension Request Date
46,936.45 12/2/2019
Total Order
8,949.15 12/2/2019
(2,798.54) 12/2/2019
53,087.06
OR
This purchase order encumbers funds in the amount of $53,087.06 awarded to Warren Cat of Lubbock, TX, on September 13, 2018.
The following is incorporated into and made part of this purchase order by reference: Invoice #W0020139038 dated November 13,
2019, from Warren Cat of Lubbock, TX, and Contract #14258.
Resolution #2018-R0297.
CITY OF LUBBOC
Daniel M. Pope, Mayor
ATTEST:
Rebe ca rza, ity Secret
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CiTY OF LUBBOCK, TX
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address,
(b) Consignee's name, address and purchase order or purchase release number and the supply agreement number
if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments
not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss 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.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods most fully comply
with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not
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
intention to cure and may then make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS, a. S e I 1 e r shall submit separate invoices, in duplicate, one each purchase
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,
if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should
be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas
79457. Payment shall not be due until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to
Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered
or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to the performing of such a contract. In the event
this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other
rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order,
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer
and to the extent feasible shall be identified by the Seller as such.
S. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid
which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind
and specification covered by this agreement for similar quantities under similar of like conditions and methods
of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the
Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without
liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency
has been employed or retained to solicit or secure this contract upon an agreement or understanding for
commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of
vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this
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
or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do
so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods firmished will
conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) famished
by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the
specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller
represents and warrants fault -free performance and fault -free result in the processing date and date related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, so ftware and firmware
products delivered and services provided under this Contract, individually or in combination, as the case may
be from the effective date of this Contract. The obligations contained herein apply to products and services
provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the
obligations contained herein, may result in the City of Lubbock availing itself of any of its tights under the
law and under this Contract including, but not limited to, its right pertaining to termination or default. The
warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the
event the product does not conform to OSHA standards, Buyer may return the product for correction or
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.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement
will give rise to the rightful claim of any third person byway of infringement of the like. Buyer makes no
warranty that the production of goods according to the specification will not give rise to such a claim, and in no
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the
Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive
notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal
year or when the appropriation made for the then -current year for the goods or services covered by this contract
is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this
contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of
termination
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
them
14. CANCELLATION. Buyer shall have the right to cancel for default all or any part 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 cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity.
15. TERMINATION. The performance ofwork under this order maybe terminated in whole, or in part by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the
order is terminated and the date upon which such termination becomes effective. Such right or termination is
in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein.
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
party whose performance is interfered with, and which by the exercise of reasonable diligence said party is
unable to prevent.
17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith
this paragraph.
I8. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part
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.
19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any other documents provided by
Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also
as a complete and exclusive statement of the terms of their agreement. Whenever a terry defined by the
Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever
the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of this agreement.
21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
the other party's intent to perform he may demand that the other party give written assurance of his intent to
perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding
parry may treat this failure as an anticipatory repudiation of the contract.
22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs
and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract
or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was
caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its
employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys
and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and
discharge the same Seller expressly understands and agrees that any bond required by this contract, or
otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the Buyer as herein provided.
23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of
this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to
be in default of this agreement.
24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
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 discriminated against on the grounds of race, color,
sex or natural origin in consideration for an award.
25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, this provision shall control.
26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to the City under
this Contract. In the event such an audit by the City reveals any errors or overpayments by the City,
Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such
audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any
payments due Contractor.
27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January
1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental
entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and
subcontractors who fail to properly classify individuals performing work under a governmental contract will be
penalized $200 for each individual that has been misclassifred. (Texas Government Code Section 2155.001).
28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract,
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
insurance from the Subcontractor that complies with all contract Insurance requirements.
29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th
Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering
into certain contracts with a governmental entity or state agency to file with the governmental entity or state
agency a disclosure of interested parties at the time the business entity submits the signed contract to the
governmental entity or state agency. Instructions for completing Form 1295 are available at:
httol/www.ci.lubbock.tx.us/departmental-websites departments'ourchasino rondo, -information
30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any terms and
conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict
between these terms and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed
upon by the parties, and any prior conflicting terms shall be of no farce or effect.
31. By accepting this PO, contractor acknowledges that pursuant to Section 2270.002, Government Code, (a)
This section applies only to a contract that: (1) is between a governmental entity and a company with 10
ormore full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly
from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with
a company for goods or services unless the contract contains a written verification from the company that
it(I) does not boycott Israel; and (2) will not boycott Israel during the tern of the contract..
Rev. 07/19
WARREN CAT
PO BOX 842116
SERVICE
'WARREN
€?ALLAS, TX 75284-2116
432.571.4242 (Credit Dept.)
INVOICE NUMBER
W0020139038
866 2WARREN (To!! free)
Invoice Date
11/13/19
Due 12/13/2019
$53,087.06
Bill To:
Ship io:
CITY OF LUBBOCK LANDFILL
BILLING
Make
AA
ATTN: FAITH CARR
PO BOX 2000
Made[
08T
PO BOX 2000
Serial /
'CATOODBTVFMCO]055'
LUBBOCK TX 79457-0001
u
LUBBOCK, TX 79457
Equipment i
Machine ID C81300
Meter Reading 3181.0
PSO 0 LB95060
Livantity Item Description Unit Price Extension
CLEAN & INSPECT MACHINE
PRE INSPECTION — TROUBLESHOOT IDLER/IDLER WHEEL
( THE LEFT REAR IDLER BEARING FAILED. CUSTOMER HAS
ALREADY EXPERIENCED DOWNTIME FOR THIS ISSUE ( THEY
HAD TO REPLACE THE TWO RIGHT FRONT BEARINGS
PREVIOUSLY )..., HYDRAULIC OIL IS.LOW, HAS 2
LOGGED CODES, HAS PS LETTER
CUSTOMER COMPLAINT:
N/A
CAUSE OF FAILURE:
N/A
RESULTANT DAMAGE:
N/A
REPAIR PROCESS COMMENTS:
MACHINE WAS CLEANED MULTIPLE TIMES DUE TO
EXCESSIVE TRASH BUILD UP
TOTAL LABOR SEG. 00
1.00 PRE INSPECTION
1.00 SUPPLY CHARGE
TOTAL MISC CHGS SEG. 00
SEGMENT 00 TOTAL
REPLACE UNDERCARRIAGE
CUSTOMER COMPLAINT:
REPLACE UNDERCARRIAGE
CAUSE OF FAILURE:
WORN PARTS
RESULTANT DAMAGE:
NEW UNDERCARRIAGE NEEDED
REPAIR PROCESS COMMENTS:
MACHINE WAS LOCATED ON YARD AND WASHED
ONCE CLEAN MACHINE WAS THEN PULLED INTO SHOP
MACHINE WAS THEN LIFTED AND BLOCKED UP ON STANDS
TRACK ASSEMBLIES WERE THEN BROKE LOOSE AT MASTER
LINKS
962.55 *
202.50
20.00
222.50 *
1185.05 T
Page 1 of 5
WE APPRECIATE YOUR BUSINESS. Your business is important to us and we strive to be your dealership of choice. If we did not meet your expectations, please call 8662WARREN.
Terms of Payment: Unless specific terms of payment are stated above. which shall then be the governing terms hereof, this invoice shall otherwise be due and payable in full 30 days from the invoice date. Performance
under this invoice along with jurisdiction and venue shall be in Midland County, Texas. Return parts must be accompanied by the packing list or this invoice. Refer to packing list for parts return policy. ALL PRICES
SUBJECT TO CHANGE WITHOUT NOTICE. Acceptance of goods or services constitutes acceptance of the Warren Cat Standard Terms and Canditions which are incorporated by reference and available at
i tip./,,www.warrencat.com,,terms rrnddtirn: or upon request.
WARREN CAT
pp p ►
'. AR R E N
PO BOX 842116SERVICE
INVOICE
OALLAS. TX 75284-2116
432.571.4242 (Credit Dept.)
INVOICE NUMBER
W0020139038
866.2WARREN (roll freel
Invoice Date.
11113/19
Due 12/13/2019
$53,087.06
Bill Tit:
Ship To:
CITY OF LUBBOCK LANDFILL
BILLING
Make
AA
ATTN: FAITH CARR
PO BOX 2000
Model
D8T
PO BOX 2000
Serial I
'CATOODSTVFM01055•
LUBBOCK TX 79457-0001
LUBBOCK TX 79457
Equipment I
Machine 10
C81300
Meter Reading
3181.0
PSO/WO
LB95060
uuamity tte•rr Description
Unit Price
Extension
BOTH TRACKS WERE THEN REMOVED FROM MACHINE
BOGIES WERE THEN WELDED UP ON MACHINE
ROLLERS WERE THEN REMOVED FROM MACHINE
IDLERS WERE THEN REMOVED FROM MACHINE ALONG WITH
CAPS
SPROCKET SEGMENTS WERE THEN REMOVED FROM MACHINE
NEW IDLERS AND CAPS WERE THEN INSTALLED AND
TORQUED TO SPECIFICATION
NEW ROLLERS WERE THEN INSTALLED AND TORQUED TO
SPECIFICATION
NEW SPROCKET SEGMENTS WERE THEN INSTALLED TORQUED
AND TURN TORQUED TO SPECIFICATION
ONCE TRACKS WERE FINISHED TRACKS WERE THEN
INSTALLED ON MACHINE
MASTER LINKS WERE THEN TORQUED AND TURN TORQUED TO
SPECIFICATION
TRACKS WERE THEN TIGHTENED TO SPECIFICATION
MACHINE WAS THEN LIFTED AND STANDS WERE REMOVED
40 1T-006B PIN S
1.41
56.40
2 1U-7427 COVER ENGINE S
3.07
6.14
16 3S-1349 WASHER S
3.36
53.76
70 SP-7665 BOLT N
2.01
DISCOUNT 15.00%
.30-
119.70
80 5P 8249 WASHER S
1.60
128.00
77 6T-1140 BOLT N
3.79
DISCOUNT 15.00$
.57-
247.94
70 6V-5841 WASHER -HARD N
1.35
94.50
70 7H 3608 NUT S
1.81
126.70
16 9W-4480 BOLT N
10.13
DISCOUNT 15.00%
1.52-
137.76
8 9W-4481 INSERT N
48.74
389.92
36 131-1651 CAP AS -TRACK N
25.17
DISCOUNT 15.00%
3.78-
770.04
1 162-5791 TOWEL -SHOP S
27.78
27.78
2 244-1323 IDLER GP-TR S
4216.32
Page 2 of 5
WE APPRECIATE YOUR BUSINESS. Your business is important to us and we strive to be your dealership of choice. It we did not meet your expectations, please call 8662WARREN.
Terms of Peyment: Unless specific terms of payment are stated above, which shall then be the governing terms hereof, this invoice shall otherwise be due and payable in full 30 days from the invoice date. Performance
under this invoice along with jurisdiction and venue shall be in Midland County, Texas. Return parts must be accompanied by the packing I st or this invoice. Refer to packing list for parts return policy. ALL PRICES
SUBJECT TO CHANGE WITHOUT NOTICE. Acceptance of goods or services constitutes acceptance of the Warren Cat Standard Terms and Conditions which are incorporated by reference and available at
11tp;;wwwwavincatcom/terms-cordiuons or upon request.
1
WARREN CAT
PO BOX 842116
iICE
A R R E N
DALLAS, TX 75284-2116
432.571.4242 (Credit Dept)
INVOICE NUMBER:
W0020139038
B66.2WARREN (Toll free)
Invoice Date:
11/13/19
Due 12/13/2019
$53,087.06
BSI To:
Ship To
CITY OF LUBBOCK LANDFILL
BILLING
Make
AA
ATTN: FAITH CARR
PO BOX 2000
Model
DOT
PO BOX 2000
Serial /
'CATOOO6TVFMC01055'
LUBBOCK TX 79457-0001
LUBBOCK, TX 79457
Equipments
Machine ID
C81300
Meter Reading
3181.0
PSO/WO
L895060
9982639 PO/ 886631
10 19
1050 G
D2 2
uuannty
item
Uescription
Un t Price
Extension
DISCOUNT
15.00%
632:45-
7167.74
2
244-1324
IDLER GP-TR N
3782.59
DISCOUNT
15.00%
567.39-
6430.40
10
246-0775
ROLLER GP SF S
739.95
DISCOUNT
15.00%
110.99-
6289.60
8
246-0779
ROLLER GP DF N
720.80
DISCOUNT
15.00%
108.12-
4901.44
1
288-4212
WIPERS S
21.10
21.10
8
306-9441
CAP AS N
112.77
902.16
10
314-5462
SEGMENT-SPRO N
159.13
DISCOUNT
15.00W
23.87-
1352.60
1
1615524
ANTI -SEIZE COPPER S
37.69
37.69
12
4TML4
CLEANER-BRAK S
9.19
110.28
TOTAL PARTS
SEG.
01
29371.65 *
F/R
LBR
4995.00 *
1.00- MCHN SRV MAPPS $ 6064.77-
TOTAL MISC CHGS SEG. 01 6064.77-*
SEGMENT 01 TOTAL 28301.88 T
-------------------------------------------------------------------------------
REPLACE TRACK LINK ASSEMBLY (SW
CUSTOMER COMPLAINT:
REPLACE RAILS ON TRACK ASSEMBLIES
CAUSE OF FAILURE:
WORN RAILS
RESULTANT DAMAGE:
NEW RAILS ORDERED
REPAIR PROCESS COMMENTS:
ALL BOLTS WERE REMOVED FROM TRACK PADS
PADS WERE THEN REMOVED FROM RAILS AND STACKED ON
PALLETS
NEW RAILS WERE THEN PLACED ON TRACK BENCH
PADS WERE THEN INSTALLED ON RAILS
NEW BOLTS WERE THEN INSTALLED IN PADS ALONG WITH
NUTS
BOLTS WERE THEN TORQUED TO SPECIFICATION
Page 3 of 5
WE APPRECIATE YOUR BUSINESS. Your business is important to us and we strive to be your dealership of choice. If we did not meet your expectations, please call 8662WARREN.
Terms of Payment Unless specific terms of payment are stated above, which shall then be the gover-ang terms herer.'. this urvoice .t all otherwise be due and payable in full 30 days from the mvo ce date. Performance
under this invoice along with jur sdiction and venue shall be in Midland County, exas. Return parts mutt be accompan ed by the pack ng list or this invoice. Refer 0 pack ng list for parts return policy. ALL PRICES
SUBJECT TO CHANGE WITHOUT NOTICE. Acceptance of goods or services constitutes acceptance of the Warren Cat Standard Terms and Conditions which are incorporated by reference and available at
tip.//wwwwarrencat.com/terms conditions or upon request.
WARREN, 03
WARREN CAT
PO BOX 842116
DALLAS, TX 75284-2116
,SERVICE INVOICE
437.571.42.42 (Credit Dept)
INVOICE NUMBER:
W0020139038
066.2WARREN (Toll Free)
Invoice Date:
11/13/19
Due 12/13/2019
$53,087. 61
Bill To:
Ship To:
CITY OF LUBBOCK LANDFILL
BILLING
Make
AA
AT -TN: FAITH CARR
PO BOX 2000
Model
D8T
PO BOX 2000 Serial f 'CAT0008NFMC01055'
LUBBOCK TX 79457-0001 LUBBOCK, TX 79457 Equipment f
Machine ID C81300
Meter Reading 3181.0
PSO/WO LB95060
9982639 PO/ 886631 lu /19 O50 I G 102 2
uanuty item
Description
Unit Price
Extension
BOLTS WERE THEN TURN TORQUED TO SPECIFICATION
344 6V-1723
BOLT S
4.09
DISCOUNT 15.00%
.61-
1197.12
4 6V-1724
BOLT S
4.57
DISCOUNT 15.00%
.69-
15.52
4 6V-1725
BOLT S
.6.21
DISCOUNT 15.00%
.93-
21.12
344 7G-6442
NUT S
1.50
DISCOUNT 15.00%
.23-
436.88
2 272-6009
LINK AS N
9349.51
DISCOUNT 15.00%
1402.43-
15894.16
TOTAL PARTS SEG.
02
17564.80 *
TOTAL LABOR SEG.
02
2991.60 *
-------------------------------------------------------------------------------
SEGMENT 02 TOTAL
20556.40 T
PERFORM PRODUCT SUPPORT PGM (PSP)
CUSTOMER DECLINED
REPAIRS AT THIS TIME
-------------------------------
SEGMENT 06 TOTAL
.00 T
---------------------------------------------
PERFORM PRODUCT SUPPORT PGM (PSP)
CUSTOMER DECLINED
REPAIRS AT THIS TIME
--------------------------------
SEGMENT 07 TOTAL
.00 T
TRANSPORT MACHINE
---------------------------------------------
1.00
LUBBOCK HAULTRK
1410.00
TOTAL MISC CHGS SEG.
50
1410.00
-------------------------------------------------------------------------------
SEGMENT 50 TOTAL
1410.00 T
TRANSPORT MACHINE
1.00
LUBB HAUL TRUCK
1410.00
TOTAL MISC CHGS SEG.
51
1410.00
-------------------
SEGMENT 51 TOTAL
--------------------------------------------------------
1410.00 T
TOTAL PARTS DISCOUNT
7938.83-
EaVIRO. FEE
223.73 T
Page 4 of 5
WE APPRECIATE YOUR BUSINESS. Your business is important to us and we strive to be your dealership of choice. If we did not meet your expectations, please call 8662WARREN.
Terms of Payment Unless specific terms of payment are stated above, which shall then be the governing terms hereof, this invoice shall otherwise be due and payable in full30 days from the invoice date. Performance
under this invoice along w'th jurisdiction and venue shall be in Midland County, Texas. Return parts must be accompanied by the packing list or this invoice. Refer to packing list for parts return policy. ALL PRICES
SUBJECT TO CHANGE WITHOUT NOTICE. Acceptance of goods or services constitutes acceptance of the Warren Cat Standard Terms and Conditions which are incorporated by reference and available at
hup; www.wariencatcom/term: 4nd bur,. or upon request.
WARREN CAT
�.R B E N
PO BOX 842116
SERVICE
INVOICE
�._�. 'M
DALLAS, TX 75284-2116
432.571.4242 (Credit Dept)
INVOICE NUMBER:
W0020139038
866.2WARREN (Toll free)
Invoice Date:
11/13/19
Due 12/13/2019
$53,087.06
Bill To
Ship Ta:
CITY OF LUBBOCK LANDFILL
BILLING
Make
AA
ATTN: FAITH CARR
PO BOX 2000
Model
DBT
PO BOX 2000
Serial )
'CATOODHTWMC01055'
LUBBOCK TX 79457-0001
LUBBOCK, TX 79457
Equipment!
Machine ID
C81300
Meter Reading
31 B1.0
PSO/WO
L895060
9982639 POI886631 1
110/04 19
1050 G
102 12
Misc. S(2,798.54)
Tax
$0.00
TOTAL $53,087.06
WE APPRECIATE YOUR BUSINESS. Your business is important to us and we strive to be your dealership of choice. If we did not meet your expectations, please call 868.2WARREN,
Terms of Payment Unless specific terms of payment are stated above, which shall then be the governing terms hereof, this invoice shall otherwise be due and payable in full 30 days from the invoice date. Performance
under this invoice along with jurisdiction and venue shall be in Midland County, Texas. Return parts must be accompanied by the packing fist of this invoice. Rafe( to packing list for part; ret,.rn i alicy. ALL PRICES
SUBJECT TO CHANGE WITHOUT NOTICE. Acceptance of goods or services constitutes acceptance of the Warren Cal Standard Terms and Conditions which are incorporated by reference and available at
rttp ; iwww warren al.r.om/terms-r.r. nd t on, or upon request.
44 '1 City of
4 Uibr)ock
TEXAS
TO
PURCHASE ORDER
WARREN CAT
702 E SLATON ROAD
LUBBOCK TX 79404
SHIP TO:
Page -
Date -
Order Number
1
3/5/2020
31051428 000 OP
526
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 J.tr-/
Marta A Director of Purchasing & Contract Management
Ordered 3/5/2020
Requested 3/19/2020
Delivery L MOBBS REQ 55321
Description/Supplier Item
Parts
INV 20139995
Labor
Misc.
Terms NET 10 EOM
Freight
Taken By
CONTRACT 14258
R ROCHA
Ordered Unit Cost UM Extension Request Date
1.000 69,312.8200 EA 69,312.82 3/19/2020
1.000 20,387.7000 EA 20,387.70 3/19/2020
1.000 (1,914.5200) EA (1,914.52) 3/19/2020
Total Order
87,786.00
This purchase order encumbers funds in the amount of $87,786.00 awarded to Warren Cat of Lubbock, TX, on September 13, 2018,
The following is incorporated into and made part of this purchase order by reference: Invoice # W0020139995 dated December 31,
2019, from Warren Cat of Lubbock, TX, and Contract #14258.
Resolution # 2018-RO297
CITY OF LUBBOCK
Daniel M. Pope, Mayor
ATTEST:
rot L A
Re -be t
arza, ity Secretary
Rev.1/2020
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TX
I SELLER TOPACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each slipping container shall be clearly and permanently marked as follows (a) Seller's name and address,
(b) Consignee's name, address and purchase order or purchase release number sod the supply agreement number
ifapplicabte,(c)Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number
of the container bearing the packing slip. Sella shall bear cost of packaging unless otherwise povided Goods
shall be suitably packed to secure lowest transportation costs ad to conform with requirements of common
earrm and any applicable specifications. Buys s count or weight shall be final and conclusive on shipments
not sxompaoied by packing lists.
2 SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods under
rssavation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buys
actually receives and takes possession of the goods at the point or points of defivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply
with all provisions of tbis contract as to time of delivery, quality and the like. I f e tender is made which does
not 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 yea expired, the Seller may reasonably notify, Buyer
of his intention to cure and may then make a conforming tender within the contract tense but ant afterward
5. INVOICES & PAYMENTS. a. S e I ] e r shall submit separate invoices, in eh pficate, one each purchase
order or purchase relax after each delivery. Invoices shag indicate the purchase order or purchase release
number and the supply agreement number if applicable. Invoices shall W itemized and trasportation charges,
if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should
be attached to the invoice. Mail To: Accounts Payablc, City of Lubbock, P. O. Box 2000, Lubbock, Texas
-9457. Payment shall not be due until the above instruments are submitted after delivery.
6 GRATUITIES. The Buyer msy, by written notice to the Seiler, cancel this contract without liability to
Seller if it is determined by Buyer that gratuities in the Porn of entertainment, gifts or otherwise, were offered
or given by the Seller, or my agent or representative of the Seller, to any officer or employee of the City of
Lubbock with a view to securing a contract or sawing favorable treatment with respect to the awarding or
amending, or the making of any determinations with reseed to the pafonning of such a contract. In the oven
the contract is canceled by Buyer pursuant to this provision, Buys shall be entitled in addition to any other
rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.
SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any
special tooling or special test equipment fabricated or required by Seller for the propose of filling this order,
such special tooling equipment and any process sheets related thereto shall become the property of the Buys
and to the extent feasible shall be identified by the Seller as such.
S WARRANTY -PRICE. a The price to be paid by the Buyer shalt be that contained in Seller's bid
which Seller warrants to be no higher than Seller's current process on orders by otbas for products of the kind
and specification covered by this agreement for similar quantities under similar of like conditions and methods
of purchase. In the event Sella breaches this warranty, the prices of the items shall be reduced to the
Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without
hainlity to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency
has been employed or retained to solicit or secure this contract upon an agreement or understanding for
commission, percentage, brokerage, or contingent fee excepting boas fide employees of bow fide established
commercial or selling agencies maintained by the Seller for the p fpose of securing business. For breech of
vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this
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
or contingent fee
9 WARRANTY -PRODUCT. Seller shag not limit or exclude any implied warranties and any attempt to do
so shall reader this contract voidable at the option of the Buyer. Sella warrants that the goods famished will
conform to the specmficatroa, drawings, and descriptions listed in the bid'mviiaion, and to the sample(s) hirmsh ed
by the Seller, if any In the event of a conflict or between the specifications, drawings, and descriptions, the
specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seiler
represents and warrants fault -fret performance and fault -free result in the processing date and date related data
(including. but not limited to calculating, comparing and sequencing) of all hardware, software and firmware
products delivered and services provided under this Contract, individually or in combiaalon as the ease may
be from the effective date of this Contract The obligations contained herein apply to products and services
provided by the Seiler, its sub- Seiler or any third party involved in the creation or development of the products
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the
obligations convened herein, may fault in the City of Lubbock availing itself of Any of its rights under the
law and under this Contract including, but not limited to, its right pertaining to termination or default The
warranties contained herem are separate and discrete from any other warranties specified in this Contract
and are not sub:ect to any disclaimer of warranty, implied or expressed, or limitation of the Sel4r's Lability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference
10. SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U S Department of Labor under the occupational Safety sad Health Act of 1970. In the
event the product does not conform to OSHA standards, Buyer may return the product for correction or
replacement at the Seller's expense. In the event Sella fails to make the appropriate correction within a
reasonable time, correction made by Buyer will be at the Seller's expense.
1 I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for We Sella
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement
will give rise tc the rightful claim of any third person by way of infrimgtmem of the like. Buyer makes no
warranty that the production of goods according to the specification will not give rise to such a claim, and in so
event shall Buyer be liable to Seiler for indemnification in the event that Seller is sued on the grounds of
mfrlmgement of the like. If Sella is of the opinion that an its iogement or the Igoe will result, he will notify the
Buyer to dns effect in writing within two weeks after the signing of thin agreement. tf Buyer doe dot receive
notice and is subsequently held liable for the infringement or the like, Seger will save Buyer harmless. If
Sella in good. faith ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void
12. NON APPROPRIATION. Ali funds for payment by the City under this contract we subject to the
availability of an annual appropriation for this proposeby the City, In tilerevent of nooappmpriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without lamination charge or other liability, on the ]art day of the thou -current fiscal
year or when the appropriation made for the then -current year for the goods or services covered by this contract
is spew, whichever event occurs fast, If at any time foods we not appropriated for the continuance of this
contract, cancellation shall be accepted by the Seiler on thirty (30) days prior written notion, but failure to give
such notice shall be of no effect sad the City shag not be obligated under this contract beyond the date of
termination.
13 RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
than.
14. CANCELLATION. Buyer shall have the right to care] for default all or any part of the undelivered
portion of this order ilSeller breaches any of the terms hereof including warranties of Sella or if the Seger
becomes insolvent or commie acts of bankruptcy. Such rigbt of cancellation is in addition to and not at
lieu of any other ranalm which Buyer may have in law or equity.
15 TERMINATION. The performance of work ender this order may be terminated in whole, or in par by the
Buyer in accordance with this provision. Termination of wok hereunder shall be effectod by the delivery
of the Sella of a Notice of Termination' specifying the extent to which performance of work undo the
order is terminated and the date upon which such termination become effective. Such right or termination is
in addiuna ter and not in lieu of the rights of Buys see forth in Clause 14, bania
16. FORCE MAMURE. Neither party shall be held responsible for losses, resulting if the falfiltment
of any tams of provisions of this contract is delayed or prevented by any cause not within the control of the
party whose performance is interfered with, and which by the etacise of reasonable diligence said party is
unable to prevent.
17. ASSIGNMENT -DELEGATION. No right or interest in this contact shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with
this paragraph.
i S. WAIVER. No claim or right arising out ofit breach of this contract can be discharged in whole or in part
by a waiver or reauwciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved parry.
19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any other documents provided by
Sella as part of his bid, is intended by the parties as a fatal expression of their agreement and intended also
as a complete and exclusive statement of the tams of their agreement. Whenevera term defined by the
Uniform Commercial Code is used in this agreement, the definition comained m the Code o to control.
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Coda Whemeva
the tam `Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the Stage of Texas as effective and in force on the date of this agreement.
21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
the other parry's intent to perform he may demand that the other party give written assurance of his intent to
perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding
party may treat this Failure as an anticipatory repudiation of the conlratt.
22. INDEMNIFICATION. Sella shall indemnify, keep and save harmless the Buyer, its agrms, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits liabilities judgments, cows
and expenses which may in Anywise accrue against the Buyer in consequence of the granting of this Contract
or which may anywise result therefrmu, whether or not it shall be alleged or determined that the act was
caused through negligence or omission of the Seller or its employees, or of the abSeller or assignee or its
employees; if any, and the Seger shall, at he own expense, appear, defend and pay all charges of suormeys
and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment
shall be rendered against the Buyer in any such action the Seller shall, at its own comes. satisfy end
discharge the same Seller expressly understands and agrees that any bond required by this contract, or
otherwise provided by Sella, shall in no way limit the responsibility to indemnify, keep sad save harmless
and dch and the Buyer as herein provided. ,
23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of
this contract, and failure by contract to meet the time specifications of this agreement will cause Sellers
be in default of this agreement.
24. MBE. The City of Lubbock hereby notifies all bidden that in regard to any contract entered into
pursuant to this request, minority send women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be diserimineacd against on the grounds of race, color,
sex or natural origin in consideration for an award
25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth ham are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another provision
ea, or related to, this document, this provision shall control
26. RIGHT TO AUDIT. At any time during the term of the cormais, or therenfter, the City, or a duly
authorized audit representative of the City or the Size of Texas, at ice expense and at reasonable times
reserves the right to audit Contractor's records and books relevant to all services provided to the City under
this Contract. In the event such an audit by the City reveals any errors or overpaymaats by the City,
Contractor shall refund the Chy the full amount of such overpayments within thirty, (30) days of such
audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any
payments due Contractor.
27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January
1, 2014, authorizes a penalty to be imposed on a person who contracts for certaut services with a governmental
entity and who fails to properly classify their woken. This applies to subcontractors as well. Contractors and
subcontractors who fail to properly classify individuals performing wok under a governmental contract will be
peralaed S200 for each individual that has been misclassified. (Texas Government Code Section 2155.001).
28. ASSIGNING OR SUBLE7TINGTHE CONTRACT The Contractor shall not assign or sublet the couttact,
or any portion of the contract without written consent from the Director of Purchasing sad Contract
Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proofon
tosturance from the Subcontractor that complies with all contract Inwunam reptremems.
29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295. adopted by the 84th
Legislatum created §2252908, Tema Government Code. Section 2252.908 requires; a business entity entering
into certain contracts with a governmental entity or state agency to file with the governmental amity or sate
agency a disclosure of interested parties at the time the business entity submits the signed contract to the
goveromadal entity or state agency. Instructions for completing Form 1295 are available at
hmp'r r.Iubbxk!x.L';leoctmrnlaFwrbf�,Ci'bepi1f11Rei1lSyi1rFh61lmg''Yt f-ImiJrAgnY.�m
30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions sad the descriptive material
contained herein sad any additional associated documents and Amendments. The City disclaims any terms and
conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict
between time tams and conditions and any terms and conditions provided by the Contractor, the terms and
conditions provided herein shall pfevaiL The tams and conditions provided Iterates are the final tams agreed
upon by the parties, and any prior conflicting terms shall be of no font or cff sa
31. HB 89 The Conrwtor warrants that b complies with Chapter 2270.001 of the Texas Government Code by
verifying that: (1) The Contractor does not boycott Lsrad, and(2) The Contractor will not boycott Israel
during the tam of the Agreement.
32 The Contractor (i) does not engage in business with Iraq Sudan or any foreign terrorist organization and
(it) it is not fisted by the Texas Comptroller under Section 2252.153, Texas Government Code, as a
company known to have cowmacts with or provide supplies or service to a foreign terrorist organization.
32. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchaper 1, Chapter 552, Government
Code, may apply to this contract and the contactor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or mtenmonatly, fails to comply with a requirement of that subdhaper.
33. Pursuant to Section 552.30 L(c) of the Texas Government Code, the City of Lubbock has designated the
following email address for which public information requests maybe made by anemamled request:
oT$14}:.)�6if f Please send this request to this email addres for b to be procxseed.
REV 12020
Page - 2 of 2
City of p U R C H A S E ORDER Date - 10/19/2022
Lubbock Order Number 31069822 000 OP
TEXAS Branch/Plant 3526
WARREN CAT
TO: 702 E SLATON ROAD
LUBBOCK TX 79404
CITY OF LUBBOCK
SHIP TO: FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta LI&M Director of Purchasing & Contract Management
Ordered 10/19/2022 Freight
Requested 10/19/2022 Taken By
Delivery PER L MOBBS REQ 59464
CONTRACT 14258
SBALLANCE
Description/Supplier Item Ordered _ Unit Cost Um Extension Request Date
Recondition Trans 1.000 25,094.8100 EA 25,094.81 10/19/2022
Total Order
Terms NET 10 EOM
INSURANCE REQUIRED:
65,559.01
S 1,000,000 occurrence' S2,000,000 aggregate (can be combined Statutory. If the vendor is an independent contractor with no
with an Excess Liability to meet requirement). CGL is required employees and arc exempt from providing Workers'
in ALL contracts. It is perhaps the most important of all Compensation coverage, they must sign a waiver (obtained
insurance politics in a contractual relationship. It insures the from COL Purchasing) and include a copy of their driver's
Contractor has broad liability coverage for contractual activities license. Employer Liability (SI M) is required with
and for completed operations. Work ICrs Compensation.
Commercial General Liability to include Products Additional Policies:
Complction/OP, Personal and Advertising Injury, Contractual Garsee Liability: No less than S2,000,000 combined single
Liability, Fire Damage (any one fire), and Medical Expenses limit
(any one person).
Combined Single limit for Any Auto - S1,000,000
*The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary
and non-contributory basis on all liability politics except professional liabilities and workers' comp. *Waivers of Subrogation arc
required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day
written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better.
*Subcontractors must carry same limits as listed above.
This purchase order encumbers funds in the amount of $65,559.01 awarded to Warren CAT of Lubbock, TX, on
September 13, 2018 . The following is incorporated into and made part of this purchase order by reference: Quote
22126851-1 dated October 17, 2022, from Warren CAT of Lubbock, TX, and Contract 14258.
Resolution # 2018-RO297
CITY OF LUBBOCK
ATTEST:
"Aot -� e ))c
Rebec f
a Garza, City Secretary
� U
4City of PURCHASE ORDER
Lubbock
TEXAS
WARREN CAT
TO: 702 E SLATON ROAD
LUBBOCK TX 79404
Page - 1 of 2
Date - 10/19/2022
Order Number 31069822 000 OP
Branch/Plant 3526
CITY OF LUBBOCK
SHIP TO: FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
Marta Director of Purchasing & Contract Management
Ordered 10/19/2022 Freight
Requested 10/19/2022 Taken By
Delivery PER L MOBBS REQ 59464
CONTRACT 14258
SBALLANCE
If you should have any questions, please contact Brenda Stevens: BStevens@,mylubbock.us or 806-775-2271
Description/Supplier Item
Ordered
Unit Cost
UM
Extension
Request Date
Clean Machine
1.000
664.0000
EA
664.00
10/19/2022
Install Trans
1.000
4,894.0500
EA
4,894.05
10/19/2022
Test trans
1.000
1,910.0000
EA
1,910.00
10/19/2022
Install Oil
1.000
1,038.1000
EA
1,038.10
10/19/2022
Replace oil pump
1.000
7,671.7500
EA
7,671.75
10/19/2022
Install oil cooler
1.000
1,843.0000
EA
1,843.00
10/19/2022
Replace oil cooler
1.000
3,360.3800
EA
3,360.38
10/19/2022
Remove converter
1.000
5,032.8600
EA
5,032.86
10/19/2022
Recondition converter
1.000
5,986.0600
EA
5,986.06
10/19/2022
Flush trans
1.000
3,000.0000
EA
3,000.00
10/19/2022
Install ripper
1.000
2,990.0000
EA
2,990.00
10/19/2022
Troubleshoot trans
1.000
2,074.0000
EA
2,074.00
10/19/2022
Rev. 3/2022
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PURCHASE ORDER:
CONTRACTOR ACKNOWLEDGES. by supplvinr Goods or Services that the Contractor has read, fully
understands. and will be in full compliance with all tears and conditions and the descriptive material contained herein
and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by
the Contractor unless at.mred upon in writing by the parties. In the event of conflict between the City's teens and
conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall
prevail. The terms and conditions provided herein are the final termsyffeed upon by the parties, and any pnor
conflictine terms shall be of no force or effect.
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b)
Consignee's name, address and purchase order or purchase release number and the supply agreement number if
applicable, (c) Container number and total number of containers, e.g box 1 of 4 boxes, and (d) the number of the
container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be
suitably packed to secure lowest transportation costs and to conform with requirements of common careers and any
applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by
packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually
receives and takes possession of the goods at the point or points ofdelivery
4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all
provisions of this contract as to time ofdelivery, quality and the like. Ifa tender is made which does not 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 intention to cure and may
then make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase 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, if any, shall be
listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the
invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457 Payment shall not
be due until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without Inability to Seller of
it is determined by Buyer that gratuities, in the form of entertainment, StRs or otherwise, were offered or given by the
Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to
securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract In the event this contract is canceled by Buyer
pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold
the amount of the cost incurred by Seller in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special
tooling or spectral test equipment fabricated or required by Seller for the purpose of filling this order, such special
tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent
feasible shall be identified by the Seller as such.
8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which
Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and
specification covered by this agreement for similar quantities under similar of like conditions and methodsof purchase.
In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices
on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach
or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding fbr commission, percentage, brokerage, or contingent
fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for
the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to
any other right of rights to cancel this 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 or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall
render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the
specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) famished by the Seller, ifany.
In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free
perform ice and fault -free result in the processing date and date related data (including, but not limited to calculating,
comparing and sequencing) of all hardware, software and firmware products delivered and services provided under
this Contract, individually or in combination. as the case may be from the effective date of this Contract. The
obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party
involved in the creation or development of the products and services to be delivered to the City of Lubbock under this
Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock
availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining
to termination or default. The warranties contained herein are separate and discrete from any other warranties
specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the
Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document
incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conlbrm to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the
product does not conform to OSHA standards, Buyer may return the product for correction or 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.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller agrees
to ascertain whether goods manufactured in accordance with the specifications attached to this agreement 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 of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like. If Seller
is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two
weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for
the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the production of the
goods in accordance with the specifications will result in infringement or the like, the contact shall be null and void.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an
annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the
City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without
termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made fbr
the then -current year for the goods or services covered by this contact is spent, whichever event occurs first. If at any
time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this contact beyond the date of termination.
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery befbre accepting them
14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of
this order if Seller breaches any of the terns 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 lieu of any other remedies which
Buyer may have in law or equity.
in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of
a 'Nonce of Termination" specifying the extent to which performance of work under the order is terminated and the
date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the
nghts of Buyer set forth in Clause 14, herein.
16 FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any
tenets of provisions of this contract is delayed or prevented by any cause not within the control of the party whose
performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent.
17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any
obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by
Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith this paragraph.
18. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in
wasting signed by the aggrieved party.
19 INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance
provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid,
is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive
statement of the terms of their agreement. Whenever a tern defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
2D. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term
-Uniforn Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
r_I. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other
party' intent to perform he may demand that the other party give written assurance of his intent to perform In the
event that a demand is trade and no assurance is given within five (5) days, the demanding party may treat this
failure as an anticipatory repudiation of the contract.
22 INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, is agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and
expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which
may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through
negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses
ansing therefrom of incurred in connection therewith, and, ifany judgment shall be rendered against the Buyer in any
such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and
agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided.
23 TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this
contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default
of this agreement
24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into 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 discriminated against on the grounds of race, color, sex or natural origin in
consideration for an award.
25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent
jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted
right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document,
this provision shall control.
26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to
audit Conractoes records and books relevant to all services provided to the City under this Contract. In the event such
an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount
of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to
deduct such amounts owing the City from any payments due Contractor.
27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from
the Director of Purchasing and Contract Management.
28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited.
Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a
vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service
with Iran, Sudan or a foreign terrorist organization
29. Texas Goverment Code. Section 2252.908 requires a business entity entering into certain contracts with a
governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties
at the time the business entity submits the signed contract to the governmental entity or state agency Instructionsfor
completing Form 1295 are available at: humpwww.ci.lubbock.tx.us1departmental-
websites deoartmcntsyurchasln;�r-info innate, ,fin
30. No Boycott of IsraeL Pursuant to Section 2271.002 of the Texas Goverment Code, Respondent certifies that
either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott
Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it
exempt from the boycott certification in its Response.
31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent
certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy
Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation.
Respondent shall state any facts that make it exempt from the boycott certification in its Response.
32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas
Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it
does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm
Trade Association during the term ofthe contract resulting from this solicitation. Respondent shall state any facts that
make it exempt from the boycott certification in its Response.
33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited.
Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a
vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or
service with Iran, Sudan or a foreign terrorist organization
34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552. Goverment Code,
may apply to this contract and the contractor or vendor agrees that the contact can be terminated if the contractor or
vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following
email address for which public information requests may be made by an emailed request: orru m�luhba:lt,. Please
send this request to this email address for it to be processed
IS.TERMINATION. The performance of work under this order maybe terminated in whole, or in pan by the Buyer
REV. 3l2022
BARREN
CITY OF LUBBOCK LANDFILL
ATTN: FAITH CARR PO BOX 2000
LUBBOCK
Quote No: 22126851 -1
ESTIMATE
CUSTOMER NO.
QUOTE NO.
DATE
CONTACT
9982639
22126851
10/17/2022
KEITH MARKHAM
PHONE NO.
FAX NO.
EMAIL
8174553014
MODEL
MAKE
SERIAL NO.
D8T
CATERPILLAR
OFMC01055
UNIT NO.
HOURS
WO NO.
P.O. NO.
6628
Note
***ESTIMATE ONLY***
ADDITIONAL PARTS AND LABOR MAY BE REQUIRED.
DOES NOT INCLUDE PARTS FREIGHT.
DOES NOT INCLUDE MACHINING OF COMPONENTS.
DOES NOT INCLUDE HAULING OF MACHINE.
$3600 WILL BE RETURNED TO THE CUSTOMER IF CORES
QUALIFY.
SEGMENT: 00 CLEAN & INSPECT MACHINE
Labor Summary
Segment 00 Total: 664.00
------------------------------------------------------------------------------------------------------
SEGMENT: 01 REMOVE & INSTALL TRANS, BEVEL & TFR GEARS COMPLETE
Labor Summary
Segment 01 Total: 4,894.05
------------------------------------------------------------------------------------------------------
SEGMENT: 02 RECONDITION TRANS, BEVEL & TFR GEARS
Labor Summary
Segment 02 Total: 25,094.81
------------------------------------------------------------------------------------------------------
SEGMENT: 03 DYNAMOMETER TEST TRANSMISSION
Labor Summary
Segment 03 Total: 1,910.00
------------------------------------------------------------------------------------------------------
SEGMENT: 04 REMOVE & INSTALL TRANSMISSION OIL PUMP
Labor Summary
Segment 04 Total: 1,038.10
------------------------------------------------------------------------------------------------------
CITY OF LUBBOCK LANDFILL 22126851-1 Page 1
SEGMENT: 05 REPLACE WITH CAT REMAN TRANSMISSION OIL PUMP
Labor Summary
Segment 05 Total: 7,671.75
------------------------------------------------------------------------------------------------------
SEGMENT: 06 REMOVE & INSTALL TC/TRANS OIL COOLER
Labor Summary
Segment 06 Total: 1,843.00
SEGMENT: 07 REPLACE WITH CAT REMAN TC/TRANS OIL COOLER
Labor Summary
Segment 07 Total: 3,360.38
------------------------------------------------------------------------------------------------------
SEGMENT: 08 REMOVE & INSTALL TORQUE CONVERTER COMPLETE
Labor Summary
Segment 08 Total: 5,032.86
------------------------------------------------------------------------------------------------------
SEGMENT: 09 RECONDITION TORQUE CONVERTER
Labor Summary
Segment 09 Total: 5,986.06
------------------------------------------------------------------------------------------------------
SEGMENT: 10 FLUSH TRANSMISSION
Labor Summary
Segment 10 Total: 3,000.00
------------------------------------------------------------------------------------------------------
SEGMENT: 11 REMOVE & INSTALL RIPPER
Labor Summary
Segment 11 Total: 2,990.00
------------------------------------------------------------------------------------------------------
SEGMENT: TS TROUBLESHOOT TRANSMISSION
Labor Summary
Segment TS Total: 2,074.00
Total Segments: 65,559.01
SUB TOTAL (BEFORE TAXES) 65,559.01
CITY OF LUBBOCK LANDFILL 22126851 - 1 Page 2
PO#: Authorized Name: (signature)
Date: (print)
Thank you for this opportunity to serve your company
CONTACT INFORMATION:
Prepared by: Caleb Kriechbaum Phone: 806-317-5777 Email: Caleb. Kriechbaum@warrencat.com Fax:
-This estimate will expire 14 days from the estimate date.
-Price excludes Freight Charges, Operating Supplies/EPA Fees, Overtime and supplier prices changes and surcharges
-Terms: Net 10th Prox.
-Sales Taxes where applicable are not included with the above prices.
Terms and Conditions
BY SIGNATURE ABOVE, I certify that I am the owner or owner's agent, and authorize Warren CAT, its employees,
subcontractors or consultants to perform the inspection, maintenance or repairs described above to include the
provision and use of necessary materials required to accomplish the described work scope. I further authorize
Warren CAT to operate the equipment, or any part therein described for the purpose of testing and/or inspection. I
understand that payment for all work performed is due in full upon completion.
Upon acceptance, this quote becomes a legal agreement between you (either an individual or the entity you are
authorized to represent) and Warren CAT. Further, signing certifies the information provided is true and correct,
and that the signer is authorized to charge this purchase as noted. Warren CAT reserves the right to reject a
partial or modified quote. You may cancel an accepted quote until the work is started. Once started, work may be
stopped at anytime. Partially completed work will be billed based on Time and Materials at Warren CAT's prevailing
rate. Additional handling and storage fees may apply to work partially completed or work temporarily put on hold.
EQUIPMENT HAVING INSTALLED FIRE SUPPRESSANT SYSTEMS: During course of repair work it may
become necessary to deactivate or disturb mechanical and/or electrical components of the fire suppression
system. Reactivation of the fire suppressant system is the responsibility of the customer and should be undertaken
before machine operations. Warren CAT accepts no responsibility for the reactivation, testing or operation of the
fire suppressant system.
STANDARD WARRANTY: Parts for this repair are warranted as indicated by the manufacturer from the date of
invoice. In addition, Warren CAT's standard labor warranty of 90 days will apply. Full warranty statements,
including limitations and exclusions, are available from any Warren CAT facility. Ask your service representative
about additional or enhanced warranty availability.
THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE. REMEDIES FOR THESE
WARRANTIES ARE LIMITED TO THE PROVISION OF MATERIAL AND SERVICES AS SPECIFIED HEREIN. IN
NO EVENT WILL EITHER CATRPILLAR OR WARREN CAT BE RESPONSIBLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
CORE CHARGES: Core charges will be returned to customer upon acceptance of the core by Caterpillar.
OVERTIME: Overtime can be added at customers request charged at Warren CAT's prevailing overtime rate.
PARTS POLICY: This quote does not include any un-salvageable parts. Parts will be set aside for customer
approval before replacement.
TURNAROUND TIME: Warren CAT will not be responsible for circumstances outside of its control. If delays are
experienced, the customer will be contacted. In no event will Warren CAT or subsidiaries be liable for any direct or
indirect damages (including, without limitation, lost profits, lost savings or other incidental or consequential
damages) arising out of the use or inability to use the machine, even if Warren CAT or subsidiaries has been
advised of the possibility of such loss.
CITY OF LUBBOCK LANDFILL 22126851 - 1 Page 3
Page - 1
r City of PURCHASE ORDER Date - 3/6/2023
VLubbo&
Order Number 31072486 000 OP
TEXAS Branch/Plant 3526
WARREN CAT
TO: 702 E SLATON ROAD
LUBBOCK TX 79404
CITY OF LUBBOCK
SHIP TO: FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 4BY:Y
Marta , Director of Purchasing & Contract Management
Ordered 3/6/2023 Freight
Requested 3/27/2023 Taken By
S BALLANCE
Delivery PER B RODRIGUEZ REQ 59972
PUR 17218/ CONTRACT 14258
If you have any questions, please contact
Breana Rodriguez: 179639@mylubbock.us or 806-775-2374
Description/Supplier Item Ordered Unit Cost UM Extension
Request Date
Parts
1.000 30,378.3200 EA
30,378.32
3/27/2023
Labor
1.000 5,810.0000 EA
5,810.00
3/27/2023
Parts
1.000 21,948.1400 EA
21,948.14
3/27/2023
Labor
1.000 4,150.0000 EA
4,150.00
3/27/2023
Total Order
Terms NET 10 EOM
62,286.46
This purchase order encumbers funds in the amount of $62,286.46 awarded to Warren CAT of Lubbock, TX, on
September 13, 2018. The following is incorporated into and made part of this purchase order by reference: Quote dated
January 4, 2023, from Warren CAT of Lubbock, TX, and Contract 14258.
Resolution #2018-R0297
A ST:
&t A&
Co ney Paz, Inerun 'SecWary
Rev. 3/2022
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PURCHASE ORDER:
CONTRACTOR ACKNOWLEDGES. by suoolvine any Goods or Services that the Contractor has read fully
understands and will be in full compliance with all terms and conditions and the des^^otive material contained herein
and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by
the Contractor unless arrived upon in writine by the parties In the event of conflict between the Cirv's terms and
conditions and any terms and conditions provided by the Contractor, the terns and conditions provided herein shall
prevail. The terms and conditions provided herein a, the final terns agreed upon by the carries. and my prior
conflicting terns shall be of no force or effect.
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b)
Consignee's name, address and purchase order or purchase release number and the supply agreement number if
applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the
container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be
suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any
applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by
packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss 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.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all
provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not 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 intention to cure and may
then make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS. a S e I 1 e r shall submit separate invoices, in duplicate, one each purchase 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, if any, shall be
listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the
invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not
be due until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if
it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the
Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to
securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer
pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold
the amount of the cost incurred by Seller in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special
tooling or special test equipment fabricated or requited by Seller for the purpose of filling this order, such special
tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent
feasible shall be identified by the Seller as such.
8. WARRANTY -PRICE. a The price to be paid by the Buyer shall be that contained in Seller's bid which
Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and
specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase.
In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices
on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach
or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent
fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for
the purposeof securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to
any other right of rights to cancel this 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 or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall
render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the
specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any.
In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern
Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free
performance and fault -Gee result in the processing date and date related data (including, but not limited to calculating,
comparing and sequencing) of all hardware, software and fnmmvare products delivered and services provided under
this Contract, individually or in combination, as the case may be from the effective date of this Contract The
obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party
involved in the creation or development of the products and services to be delivered to the City of Lubbock under this
Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock
availing itself of any of its rights under the law and under this Contract including, but not limited to, its tight pertaining
to termination or default. The warranties contained herein are separate and discrete from any other warranties
specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the
Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document
incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the
product does not conform to OSHA standards, Buyer may return the product for correction or 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.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As par of this contract for sale Seller agrees
to ascertain whether goods manufactured in accordance with the specifications attached to this agreement 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 of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller issued on the grounds of infringement of the like. If Seller
is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two
weeks after the signing of this agreement If Buyer does not receive notice and is subsequently held liable for
the infringement or the hike, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the
goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an
annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the
City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without
termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this contract is spent, whichever event occurs fast. If atany
time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this contract beyond the date of termination
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them
14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of
this order if Seller breaches any of the terns hereof including warranties of Seller or if the Seller becomes insolvent or
commits acts of bankruptcy. Such right ofcancellation is in addition to and not in lieu of any other remedies which
Buyer may have in law or equity.
in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of
a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the
date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 14, herein
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any
terns of provisions of this contract is delayed or prevented by any cause not within the control of the party whose
perfomarce is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent.
17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any
obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by
Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith this paragraph.
I8. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part 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.
19 INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance
provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid,
is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive
statement of the terns of their agreement. Whenever a term defined by the Unif irm Commercial Code is used in this
agreement, the definition contained in the Code is to control.
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term
"Uniform Commercial Code" is used, it shall be construed as meaning the Unif it m Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other
parry's intent to perform he may demand that the other party give written assurance of his intent to perform In the
event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this
failure as an anticipatory repudiation ofthe contract.
22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and
expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which
may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through
negligence or omission of the Seller or is employees, or of the subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses
arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any
such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and
agrees that any bond required by this contract, or otherwise provided by Seller, shall in m way limit the
responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided.
23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this
contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default
of this agreement
24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into 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 discriminated against on the grounds of race, color, sex or natural origin in
consideration for an award
25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent
jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted
right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document,
this provision shall control.
26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at is expense and at reasonable times, reserves the right to
audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such
an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount
of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to
deduct such amounts owing the City from any payments due Contractor.
27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from
the Director of Purchasing and Contract Management.
18. Contracts with Companies Engaged in Business with Oran, Sudan, or Foreign Terrorist Organization Prohibited.
Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a
vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service
with Iran. Sudan or a foreign terrorist organization
29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a
governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties
at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for
completing Form 1195 are available at: h"R _ www.ci. lu bbock, t x us 1-,rTMjnJaL
wehsincv dcaanmcnts purchasinn veridor-infgrmai ion
30. No Boycott of IsraeL Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that
either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott
Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it
exempt from the boycott certification in its Response.
31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent
certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy
Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation.
Respondent shall state any facts that make it exempt from the boycott certification in its Response.
32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas
Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it
does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm
Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that
make it exempt from the boycott certification in its Response.
33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited.
Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a
vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or
service with Iran, Sudan or a foreign terrorist organization
34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code,
may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or
vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following
email address for which public information requests may be made by an emailed request: urro Please
send this request to this email address for it to be processed
15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer
REV. 32022
AARUN
CITY OF LUBBOCK LANDFILL
ATTN: FAITH CARR PO BOX 2000
LUBBOCK
Quote No: 23129319 - 2
ESTIMATE
CUSTOMER NO.
QUOTE NO.
DATE
CONTACT
9982639
23129319
1/4/2023
KEITH MARKHAM
PHONE NO.
FAX NO.
EMAIL
806 757 2151
1 kmarkham@mail.ci.lubbock.tx.us
MODEL
MAKE
SERIAL NO.
D8T
CATERPILLAR
OFMC01055
UNIT NO.
HOURS
WO NO.
P.O. NO.
SEGMENT: 01 REPLACE UNDERCARRIAGE (510 4150)
NOTES:
Parts
Part Number
Description
Qty
Unit Price
Ext Price
1111729
IDLER GP-TR
2
3,552.67
7,105.34
1111730
IDLER GP-TR
2
3,960.01
7,920.02
1311651
CAP AS -TRACK
32
27.19
870.08
1T0068
PIN
8
2.67
21.36
1T0068
PIN
32
2.67
85.44
2460775
ROLLER GP SF
8
799.21
6,393.68
2460779
ROLLER GP DF
8
778.53
6,228.24
3069441
CAP AS
8
143.31
1,146.48
3S1349
WASHER
16
4.89
78.24
5P8249
WASHER
64
2.64
168.96
6T1140
BOLT
64
3.38
216.32
9W4480
BOLT
16
9.01
144.16
Total Estimated Parts:
30,378.32
Parts Summary
Labor
Item Number
Description
Ext Price
Replace UC
5,810.00
Total Estimated Labor:
5,810.00
Labor Summary
Misc Summary
Segment 01 Total: 36,188.32
-----------------------------------------------------------------------------------------------------•
SEGMENT: 02 REPLACE TRACK LINK ASSEMBLY (S&L) (510 4169)
NOTES:
Parts
CITY OF LUBBOCK LANDFILL 23129319-2 Page 1
Part Number
Description
Qty
Unit Price
Ext Price
2726009
LINK AS
2
10,098.37
20,196.74
6V1723
BOLT
344
3.64
1,252.16
6V1724
BOLT
4
4.06
16.24
6V1725
BOLT
4
5.51
22.04
7G6442
NUT
344
1.34
460.96
Total Estimated Parts:
21,948.14
Parts Summary
Labor
Item Number
Description
Ext Price
Swap Pads
4,150.00
Total Estimated Labor:
4,150.00
Labor Summary
Misc Summary
Segment 02 Total:
26,098.14
Total Segments:
62,286.46
SUB TOTAL (BEFORE TAXES)
62,286.46
CITY OF LUBBOCK LANDFILL 23129319 - 2 Page 2
PO#: Authorized Name: (signature)
Date: (print)
Thank you for this opportunity to serve your company
CONTACT INFORMATION:
Prepared by: Caleb Kriechbaum Phone: 806-317-5777 Email: Caleb.Kriechbaum@warrencat.com Fax:
-This estimate will expire 14 days from the estimate date.
-Price excludes Freight Charges, Operating Supplies/EPA Fees, Overtime and supplier prices changes and surcharges
-Terms: Net 10th Prox.
-Sales Taxes where applicable are not included with the above prices.
Terms and Conditions
BY SIGNATURE ABOVE, I certify that I am the owner or owner's agent, and authorize Warren CAT, its employees,
subcontractors or consultants to perform the inspection, maintenance or repairs described above to include the
provision and use of necessary materials required to accomplish the described work scope. I further authorize
Warren CAT to operate the equipment, or any part therein described for the purpose of testing and/or inspection. I
understand that payment for all work performed is due in full upon completion.
Upon acceptance, this quote becomes a legal agreement between you (either an individual or the entity you are
authorized to represent) and Warren CAT. Further, signing certifies the information provided is true and correct,
and that the signer is authorized to charge this purchase as noted. Warren CAT reserves the right to reject a
partial or modified quote. You may cancel an accepted quote until the work is started. Once started, work may be
stopped at anytime. Partially completed work will be billed based on Time and Materials at Warren CAT's prevailing
rate. Additional handling and storage fees may apply to work partially completed or work temporarily put on hold.
EQUIPMENT HAVING INSTALLED FIRE SUPPRESSANT SYSTEMS: During course of repair work it may
become necessary to deactivate or disturb mechanical and/or electrical components of the fire suppression
system. Reactivation of the fire suppressant system is the responsibility of the customer and should be undertaken
before machine operations. Warren CAT accepts no responsibility for the reactivation, testing or operation of the
fire suppressant system.
STANDARD WARRANTY: Parts for this repair are warranted as indicated by the manufacturer from the date of
invoice. In addition, Warren CAT's standard labor warranty of 90 days will apply. Full warranty statements,
including limitations and exclusions, are available from any Warren CAT facility. Ask your service representative
about additional or enhanced warranty availability.
THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE. REMEDIES FOR THESE
WARRANTIES ARE LIMITED TO THE PROVISION OF MATERIAL AND SERVICES AS SPECIFIED HEREIN. IN
NO EVENT WILL EITHER CATRPILLAR OR WARREN CAT BE RESPONSIBLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
CORE CHARGES: Core charges will be returned to customer upon acceptance of the core by Caterpillar.
OVERTIME: Overtime can be added at customers request charged at Warren CAT's prevailing overtime rate.
PARTS POLICY: This quote does not include any un-salvageable parts. Parts will be set aside for customer
approval before replacement.
TURNAROUND TIME: Warren CAT will not be responsible for circumstances outside of its control. If delays are
experienced, the customer will be contacted. In no event will Warren CAT or subsidiaries be liable for any direct or
indirect damages (including, without limitation, lost profits, lost savings or other incidental or consequential
damages) arising out of the use or inability to use the machine, even if Warren CAT or subsidiaries has been
advised of the possibility of such loss.
CITY OF LUBBOCK LANDFILL 23129319 - 2 Page 3