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HomeMy WebLinkAboutResolution - 2023-R0271 - PO 31073610 with Warren CAT 5.23.23Resolution No. 2023-RO271 Item No. 5.33 May 23, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 31073610 in accordance with BuyBoard Contract 685-22 for the Purchase of Three (3) Triple Axle Backhoe Trailers, by and between the City of Lubbock and Warren CAT, of Lubbock, Texas, and all related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 23, 2023 ._ ATTEST: Courtney Paz, City Scc tary APPROVED AS TO CONTENT: r Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: VnipI I /V t 0-" , achael Foster, Xss tant City Attorney ccdocs/RESTO 31073610 BuyBoard 685-22- Warren CAT 5.4.23 11 F City of Lubr)ock TEXAS PURCHASE ORDER TO: WARREN CAT 702 E SLATON ROAD LUBBOCK TX 79404 Page - Date - 5/ 112023 Order Number 31073610 000 OP Branch/Plant SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 [NVOICETO: CITYOFLUBBOCK ACCOUNTSPAVABLE P.O. BOX 2000 LUBBOCK TX 79457 BY: Marta Alva - _ Director of Purchasing & Contract Management 3526 Ordered 5/23/2023 Freight Requested 7/10/2023 Taken By D HEATH Delivery PER B RODRIGUEZ REQ 59346 BUYBOARD CONTRACT 685-22 If you have any questions feel free to reach out to Breana Rogn uez at 806-775-2374 or by email at BRogn uez Mylubbochus Description/Supplier Item Ordered Unit Cost UM Extension Request Date Belshe Backhoe Trailer 3.000 20,500.0000 EA 61,500.00 7.:10'2023 irx-6?°1 Total Order Terms NET 10 EOM 61,500.00 This purchase order encumbers funds in the amount of $61,500.00 awarded to Warren CAT of Lubbock, TX, on May 23 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated April 28, 2023, from Warren CAT of Lubbock, TX, and BuyBoard Contract 685-22. Resolution # 2023-110271 CITY OF UB K: Tray Pa ne, M or AT EAPaz,City Courtn Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER MNTR Ar"rOR ACKNOWLFDOFS In, suttnlvmg any Cods or Services that the Contractor has read full understands- and will be in full ro=liance with all terms and cond tons and the descriplove material contained hcrel and any addiliw _al associated documents and Amendments. The City disclaims any terms and conditions provided b the Contractor unless aitroed uuon in wrnina by the parties. In the event of conflict between the Cirv's tnrrtts an v conflicting terra shall be of no force nr effect I SELLER TO PACKAGE GOODS. Seller w11 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. (bl 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, a 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 wish requirements of common earners 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. Sel er is not amhonzed to ship the goods under reservation and no tmder of a bill of lading will operate as a sender of goods. 3 TITLE AND RISK. OF LOSS The tide and risk of loss of she goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of dehvery a NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods run fully comply with all provisonsof this contract as to time of dehvery. quality and the Like Ira tender is made which does not fudy conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming strider. provided where the time for performance has not yet expired, the Seller may reasonably notify Buyer of h-s intention o cure and may then make a conformingiender within the contract time but not aflerward- 5. INVOICES & PAYMENTS. a S c 11 e r shall submit separate invoices. in dup icale, one each purchase order or purchase release after each delivery. Invoices shalt 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 misched 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 rglice 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 representati+rcoF 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 determnations 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 emit ed, in addition to soy other rights and remedies, to recover or withhold the amount of the con 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 W 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 Sel-er warrants to be not 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 warmly, the prices of the item shall W reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may caned 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 wore this contract upon an agreement or understanding for commsson, percentage, brokerage. or contingent fee excepting bona fide employees of bona We 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 recoveribe full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude arty implied warranties and any attempt to do so shall render this contract voidable at the option critic Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the samplNsl 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 -Rae 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 pony involved in the crealionor development of the producisand 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 alai ling itself of any of its rights under the law and under this Contract including, but not limited to, its right pensining to termnason 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 hmnatiors 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 Hmlib Act of 197C. 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 wilhin a reasonable time. correction made by Buyer wal be at the Seller's cxpense- 1 I. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller agrees to aacenaim 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 broods according to the specification will not give rise to such a claim. and in no event shall Buyer he liable to Seller for indemnification in the event that Seller's sued on the grounds of infringement of the ke. If Seller is of the opinion that an infringement or the like will result, he wu I 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 .trill 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 wid. 12. NON APPROPRIATION. All funds for payment by the City under tlsiscontsaci are subject to the availability of m annual appropriation for this purpose by the City. In the event of ronappropriation of funds by the City Courset of the City of Lubbock for the goods or services provided under she contract. the City will terminate the contract. without termination charge or other liability, on the lam day of the then -current fiscal year or when the appropriation node for the thin -current year for the goods or services covered by this contract is spent, whichever event occurs first If 1 1 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 ribht to inspect the broods at delivery before accepting then 14 CANCELLATION Buyer shal have the right to cancel for default all or any par of the undelivered potion of this order if Seller breaches any of the terns hereof ire siding warranties of Sti-er or if the Seller becomes insolvent or commis acts of bankruptcy Such right ofcancellaaon is in addition to and not in lieu of any other remedies which Buyer may have in law or equity I c TERMINATION The performance of work under th s order may be terminated in whole, or in part by the Buyer in accordance with this provision. Terminstion 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 fools in Clause 14, herein. 16, FORCE NWEURE. Neither parly 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 19 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 wrium 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. 18. WAIVER_ No claim or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is supponed by consideration and is in witting signed by the aggrieved party. 19 INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer tin its advertisement for bids, and arty other documents provided by Seller as part of his bid, is immded 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 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. Wherever the term "Umfbrm Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted io the State of Texas as effective and in force on the date of this agreement. 2, RIGHT TO ASSURANCE. Whenever one party to this contract in brood faith has reason to question the other pant' s intent so perform he may demand that the other parry give written assurance of his intent so 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 no 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 "I be rendered against the Buyer In any such action, the Seller shall, at its own expenses. satisfy and discharge the same Wier expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibiliry 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 agreemenl 24. MBE. The City of Lubbock hereby notifies all bidders that In regard to any contract mitred unto 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 so 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 my arbitration process prior inexercising its unrestricted right to seek judicial remedy The remedies set forth herein are cumulative and of exclusive. and may be exercised concurrently To the extent of any conflict between this provision and anolherprowsmon on. or related to. this document, this provision shall control 16 RIGHT TO AUDIT, At any unse 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 Contractors records and books relevant to all services provided to the City under this Contract In the eventsuch 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 (31) 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 ass„ rt or sublet the contract, or any potion of the contract, without wrirm consent from the Director of Purchasing and Contract Management 28. Contracts with Companies Engaged In Business with Gan. Sudan, or Foreign Terrorist Organization Prohibited Pursuant to Section 2252-1$2 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 mtityor stale agency to fit with the governmental mtiryor state agency a disclosure of interested pan es at the time the business entity submits she signed contract to the governmental entity or state agency Instructions far completing Form 1293 are available at: L!L'L�L�"-:--aa^];>.:L.fd wL+snesldmanmenurourchasinwvender_.inform i 30, No Boycott of Israel Pursuant to Section 2271,002 of the Texas Government Code. Respondent ceniftes that either (i) it meets an exemption critana under Section 2271 IX2, or in) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall mate any facts that make it exempt from the boycott certification In its Response 1I. No Boycott of Energy Companes. Pursuant to Section 2274 of she Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002, or (it) it does not boycott Energy Companies and will rot boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent steal I 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 cemifies that either it) it meets an exemption criteria under Section 2274.002, or fir) it does not boycon 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 sohcittaton. Respondent shall stale any facts that make it exempt from the boycom cenificatron in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan. or Foreign Terronst Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, pmh bits the City from entering Into a contract wash 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. Goverment 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 amply with a requirement of that subchapter 35, Pursuant to Section 551.301(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 emaded sequins L us Please send this request 10 this emai address for it o be processed REV 112C22 WARREN M 04/28/2023 City of Lubbock, Texas 4G I KS0086 BELSHE BF9T-3EP BACKHOE TRAILER TRAILER SPECIFICATIONS - See Attached Specification Sheet for Trailer Information. - Any deviations from the base model specifications, as well as options, have been noted by asterisks (**) and bold type. - Please note that these trailers exceed the minimum requested specifications. These trailers are specifically designed to safely carry your current backhoe fleet, and will NOT limit any future machine sizing considerations. TRAILER PACKAGE SALES PRICE (Package of 3 $61,500.00 * Quoted prices do not include applicable sales tax. * Buyboard Item Number 685-22 F.O.B./TERMS F.O.B.; Warren CAT - Lubbock, Tx - please allow 6 - 10 weeks for build and delivery WARRANTY Standard Belshe manufacturer's warranty coverage. Thank you for allowing Warren Cat and Caterpillar to quote on your equipment needs. If you have any questions, please give me a call. Submitted by: Koley Schaffner Accepted by: ABILENE AMARILLO DALHART LUBBOCK MIDLAND ODESSA SAN ANGELO WICHITA FALLS 325-692 1600 806-335-1511 806-249-877 806-745-4495 432-563-1863 432-332-1681 325-655-1100 940-767-4384 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 If there are Interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 it 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 entitys place of business. 2023-1017566 Warren Power & Machinery, Inc. dba Warren CAT Midland, TX United States Date Filed: 05/08/2023 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock, TX Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 31073610 Belshe Trailer, BFBT-3EP (x 3) - Purchase Price; $20,500.00 each ($61,500.00 total) Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Nelson, James Midland, TX United States X George, Gary Midland, TX United States X Fotger, Anthony Midland, TX United States X Warren Equipment Company Midland, TX United States X 5 Check only if there is NO Interested Party. El 6 UNSWORN DECLARATION My name is �1 ay, and my date of birth is l , My address is I yl ' `r1 11&6—. b5 (Street) (oily} (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. //yy Executed in 9,181am _County, State of on the ^ay of 203. {nton) (year) 11. Signature of authorized agent of contracting business entity (Dedamnt) Farms rovided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.7bd706d4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl 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. 2023-1017566 Warren Power & Machinery, Inc. dba Warren CAT Midland, TX United States Date Filed: 05/08/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock, TX Date Acknowledged: 05/16/2023 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 31073610 Belshe Trailer, BF9T-3EP (x 3) - Purchase Price; $20,500.00 each ($61,500.00 total) Nature of interest 4 Name of Interested Party City,State, Country (place of business){check applicable) Controlling Intermediary Nelson, James Midland, TX United States X George, Gary Midland, TX United States X Folger, Anthony Midland, TX United States X Warren Equipment Company Midland, 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 to County, State of on the day of , 20 (month) (year) Signature of author zed agent of contracting business entity :Declarant) Fnrmc nrnwiriari by TpYac Pthirc t-'nmmi�cinn www.ethics.state.tx_us Version V3.5.13W706d4