HomeMy WebLinkAboutResolution - 2022-R0140 - PO 31064643 with Warren Cat 3.22.22Resolution No. 2022-RO140
Item No. 7.28
March 22, 2022
RESOLUTION
I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute f
and on behalf of the City of Lubbock, Purchase Order No. 31064643 in accordance wi
BuyBoard Contract 597-19 for the purchase of a Caterpillar Model 120JOY Motor Grader, 1
and between the City of Lubbock and Warren CAT of Lubbock, Texas and related document
Said Purchase Order is attached hereto and incorporated in this resolution as if fully set for
herein and shall be included in the minutes of the City Council.
Passed by the City Council on March 22, 2022
L,
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Sec etary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
VZ //j WL4
elli Leisure, Assistant City Attorney
ccdocs/RES.PurchaseOrd 31064643 Caterpillar BuyBoard 597-19
2.18.22
City of
VLubbo&
TEXAS
PURCHASE ORDER
WARREN CAT
TO: 702 E SLATON ROAD
LUBBOCK TX 79404
Page - 1
Date - 2/16/2022
Order Number 31064643 000 OP
Branch/Plant 3526
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 B
Marta A arez, Director of Purchasing & Contract Management
Ordered 2/16/2022 Freight
Requested 9/5/2022 Taken By S BALLANCE
Delivery PER N DODSON, REQ 58487 PUR 16436, BUY BOARD 597-19
If you have any questions, please contact Natalie Dodson: NDodson@ajnylubbock. us or 806-775-2374
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
New Caterpillar Model: 120JOY 1.000 248,800.0000 EA 248,800.00 9/5/2022
INV
Total Order
Terms NET 10 EOM
248,800.00
This purchase order encumbers funds in the amount of $248,800.00 awarded to Warren CAT of Lubbock, TX, on
March , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated
February 11, 2022, from Warren CAT of Lubbock, TX, and BuyBoard Contract 597-19.
Resolution # 2022-RO 140
CITLOF BOCK ATTEST:
Daniel M. Pope, Mayor Rebe ca Garza, City Secreta
Commercial General Liability, per occurrence- $1,000,000
General Aggregate.
Products-Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Med Exp (any one person)
Automotive Liability- Combined Single limit for Any Auto -
$1,000,000
Worker's Compensation Amounts- $500,000 and
Employer's Liability - $1,000,000
Copies of endorsements are required.
City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the
City of Lubbock on all coverages. To include products of completed operations endorsements.
Rev. 9/2021
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TX
1 commercial TO PACKAGE GOODS Seller will package goods in accordance with good comercial practice
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address,
(b) Consignee's time, 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 hearing the packing slip Seller shall bear cost ofpackaghngunless othermseprovided Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common
tamers and any applicable specifications Buyer's count or weight shall be final and conclusive on shipments
not accompanied by packing lusts
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 conforimng
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 conformingtender 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 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 providingsuch 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
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 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 die 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 fumished will
conform to the specification. drawings, and descriptions listed in the bid invitation, and to the sample(s)fumished
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 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 turd party involved in the creation or development of the products
and semces 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 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 Sellers 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
I I 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 turd 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 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 m annual appropriation for this purpose by the City In the event of nonappropnation 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, wthout 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 of 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 of work under this order may be 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 "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 ins
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
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 tight unless the waiver or renunciation is supported by
consideration and ism writing signed by the aggrieved parry
19 INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for buds 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 panes 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
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 Whereever
the term "Uniform Commercial Code' is used, it shall be construed as meaning the Umfomm 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 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 myjudgment
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 m 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 to 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
itsunrestricted right to seek judicial remedy The remedies set forth herein are cumulative and not exclusive,
and maybe 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 die 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 ASSIGNING ORSUBLETTINGTHE CONTRACT The Contractor shall not assign or sublet the contract.
or any portion of the contract, without written consent front 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 govemmental 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
lino '+www•cilh�vckos.its+deeanmsatai-websireshdeoanmemrsiaurchasmg;vcn-mnformar�r�
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 force or effect
31 TEXAS GOVERNMENT CODE, CHAPTER 2252 The undersigned representative of the undersigned
company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government
Code, Chapter 2252, Section 2252 152, certify that the company named above is not listed on the website of
the Comptroller of the State of Texas concerning the listing of companies that are identified under Section
806 051, Section 807.051 or Section 2253.153 1 further certify that should the above -named company enter
into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which
do business with Iran, Sudan or any Foreign Terrorist Organization, 1 will immediately notify the City of
Lubbock Purchasing and Contract Department
32 TEXAS GOVERNMENT CODE, CHAPTER 2270 This section applies only to a contract that (1) is
between a governmental entity and a company mth 10 or more 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 (1) does not boycott Israel, and (2) will not boycott
Israel during the term of the contract
33 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter 1, 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 To the
extent Subchapter 1, Chapter 552, Government Code applies to this agreement, 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 entailed request Please send this request to this email address
for it to be processed orr•ii 1, &i ck .5
REV 9:2021
Quote 260034-01
)WARREN
Quote 260034-01
February 11, 2022
CITY OF LUBBOCK FLEET SVCS
LUBBOCK,TEXAS
79457-0001
Attention: DOMINIC ESPERAT
Dear Dominic Esperat, Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote
the following for your purchase consideration.
One (1) New Caterpillar Model: 120JOY Motor Graders with all standard equipment in addition to the additional specifications listed
below:
STOCK NUMBER: N/A SERIAL NUMBER: N/A YEAR: 2022 SMU:
BUYBOARD ITEM # 597-19
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we
reserve the right to re -quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Koley Schaffner
Machine Sales Representative
Page 1 of 4
Quote 260034-01
One (1) New Caterpillar Model: 120JOY Motor Graders with all standard equipment in addition to the additional
specifications listed below:
STANDARD EQUIPMENT
POWERTRAIN -Air cleaner, dual stage dry type radial -seal with service indicator through -messenger and automatic dust ejector
-Air-to-air after cooler (ATAAC) -Brakes, oil disc, four-wheel, hydraulic -Demand fan, hydraulic -Differential, lock/unlock, auto -Drain,
engine oil, ecology -Engine: --C7.1 diesel, with automatic -engine derate, and idle control. --Optimized VHP Plus --Engine ECO mode
--Fuel-water separator -Parking brake, multi -disc, sealed -and oil cooled -Priming pump, fuel -Transmission, 8 speed forward and 6
-speed reverse, power shift, direct -drive
ELECTRICAL -Alarm, back-up -Alternator, -Batteries, maintenance free -Electrical system, 24V
OPERATOR ENVIRONMENT -Display, digital speed and gear -Gauge, machine level -Gauges (analog) inside the cab -(includes fuel,
articulation, engine -coolant temp, engine RPM, and -hydraulic oil temp) -Ladders, cab, left and right side -Message operator
information display, -meter, hour, digital -ISO 6394 (70% fan speed) -Throttle control, electronic -
SAFETY AND SECURITY -Clutch, circle drive slip -Doors, engine compartment, -Ground level engine shutdown -Seat belt,
retractable 76.2 (3")
TIRES, RIMS, AND WHEELS -A partial allowance for tires -on 254mm x 609mm (10"x24") multi- -piece rims is included in the base
-machine weight and price
OTHER STANDARD EQUIPMENT -CD ROM parts book -Doors, service compartment, -locking -SOS ports, engine, hydraulic,
-transmission, coolant, fuel -Tool box -Fuel tank, 225 liters (59 gallon) -Radiator, cleanout access
MACHINE SPECIFICATIONS
12014E MOTOR GRADER
467-7423
LANE 2 ORDER
OP-9002
GLOBAL ARRANGEMENT, JOY
561-6489
MOLDBOARD, 12' PLUS
436-3473
WEATHER, COLD TND
467-7411
NO ACCUMULATORS, JOY
517-0699
DRAWBAR,TOP ADJUST,HYDTIP,JOY
462-6536
ENGINE, STAGE V AND T4 FINAL
590-7345
DRAIN, GRAVITY, ENGINE OIL
422-6603
BASE + 1 (RIP) JOY
462-6515
LIGHTS, ARM, FOLD DOWN, LED
563-2430
STARTER, HEAVY DUTY
517-0703
JUMP START RECEPTACLE
506-4261
ALTERNATOR, 150 AMP
438-5769
CAB, ROPS, PLUS, JOY, TND
466-1363
SEAT, BASE, SUSPENSION, JOY
506-2611
SEAT BELT, W/ INDICATION
485-3445
Page 2 of 4
Quote 260034-01
COMFORT PACKAGE, PREMIUM, JOY
466-1360
KIT, BASE ARO
466-1296
PRODUCT LINK, CELLULAR PLE742
471-5509
CROSS SLOPE AUTO JOY
462-6506
JOYSTICK CONTROLS, ADVANCED
466-1316
CONTROL,AUTO ARTICULATION -DEMO
575-2980
GROUND LEVEL, FUELING
577-8014
FUEL FILTER, NEXT GEN
574-8803
FAN, REVERSING TND
575-7684
TIRES, 14.OR24 BS VUT * L2 MP
252-0720
REAR PANEL W/ ACCESS DOOR
498-8871
RIPPER
456-5359
FUEL ANTIFREEZE, -25C (-13F)
OP-3978
SERIALIZED TECHNICAL MEDIA KIT
421-8926
LOW BAR, HALOGEN, JOY, TND
564-5009
LIGHTS, WORKING, PLUS,HAL,JOY
468-7617
LIGHTS, CAB HALOGEN, JOY
466-1301
LIGHTS, SERVICE, INTERNAL
435-9816
LIGHT,LED WARNING STROBE,JOY
466-1299
CIRCLE SAVER
565-9664
CAMERA, REAR VISION, JOY
467-7439
MIRRORS, EXTERNAL, BASE, JOY
466-1323
WIPER, REAR, JOY
501-7972
GUARD, BOTTOM
453-4972
GUARD, COVER CAB, JOY
462-9053
PUSH PLATE, COUNTERWEIGHT
336-1559
DECALS, ENGLISH (U.S)
462-6655
STARTING AID
422-6605
HEATER, ENGINE COOLANT, 120V
255-1336
CONVERTER, 24V TO 12V
466-1298
PLATE, LICENSE
454-3222
TOOTH, STRAIGHT
8J-5313
ROLL ON -ROLL OFF
OP-2265
BUYBOARD MACHINE SELL PRICE*
CSA
NET BALANCE DUE
EXT WARRANTY
AFTER TAX BALANCE
*Buyboard Item # 597-19
WARRANTY
$248,800.00
Included
$248,800.00
Included
$248,800.00
Caterpillar's full machine warranty coverage for 5 years / 5000 hours — whichever comes first. Technician
Extended Coverage: travel time and mileage is a covered expense for the duration of the warrantable period. This applies to
warrantable claims ONLY.
Page 3 of 4
Quote 260034-01
ROMITERMS:
Lubbock — machine available appx 24 weeks from date or order.
Accepted by
Signature
on
Page 4 of 4