HomeMy WebLinkAboutResolution - 2019-R0433 - PO With Kirby-Smith Machinery - 11/19/2019 Resolution No. 2019-RO433
Item No. 6.33
November 19, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Purchase Order No. 31048616 for the purchase of Cold
Press Milling Machine as per BuyBoard 515-16, by and between the City of Lubbock and Kirby-
Smith Machinery, Inc., of Oklahoma City, Oklahoma, and related documents. Said Purchase
Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on Noup,,, I Q,_2019
DANIEI. M. POPE, MAYOR
ATTEST:
cGaCity SecrRary ^
APPROVED AS TO CONTENT:
Markearwoo , Assista t City Manager
APPROVED AS TO FORM:
f
Kalli Leisure, AssistantCit�orney
ccdocs/RES.-PurchaseOrd 31048616 -Cold Press Milling Machine
October 22,2019
City of Page - 1
Of Lubbock Date - 10/22/2019
TEXAS PURCHASE ORDER
Order Number 31048616 000 OP
ManchiPlant 526
TO: SHIP TO:
KIRBY SMITH MACHINERY, INC CITY OF LUBBOCK
PO BOX 270360 FLEET SERVICES
OKLAHOMA CITY OK 73137 206 MUNICIPAL DRIVE
LUBBOCK TX 79404
INVOICETO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O.BOX 2000
LUBBOCK,TX 79457
Ma vane-,Director or Purcliasing&Contract Manage vent
Ordered 10/16/2019 Freight
Requested 5/25/2020 Taken By R ROCHA
Delivery B TAYLOR REQ 54728 BUYBOARD 515-16 PUR 20-15013
Description/Supplier Item Ordered Unit Cost _UM Extension Request Date
Cold Press Milling Machine 1.000 522,885.0000 EA 522,885.00 5/25/2020
Model Wirt.-en W-130 CFI
7btal Order
Terms NET 30 522.885.00
INSURANCE CERTIFICATE REQUIRED PRIOR TO INSTALLATION:
Commercial General Liability,per occurrence-$1,000,000 Automotive Liability-Any Auto, Per Occurrence-$1,000,000
•General Aggregate •Contractual Liability•Products-Comp/01)Agg• Workers Compensation-Statutory Amounts $500,000
Personal &Adv. Injury Employers' Liability-$1,000,000
City of Lubbock is 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. Copies of enclorsements required.
This purchase order encumbers funds in the amount of$522,885.00 awarded to Kirby-Smith Machinery,Inc.of Oklahoma City, OK,
on November 19 ,2019.The following is incorporated into and made part of this purchase order by reference: Quote dated
October 14,2019 from Kirby-Smith Machinery, Inc. of Oklahoma City,OK,and BuyBoard Contract 515-16
Resolution# 2019-RO433
CITY OF LUBBO ATTEST.
L' ? t 'e. )K__-1
Daniel M.Pope,Mayor Re cca Garza, City Secreta
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
I.SELLER TO PACKAGE GOODS. Seller will package goads in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity.
Each shipping container shall be clearly and pernanantly marked as follows (a) Seller's name and address,
(b)Consignee's name,address and purchase order or purclmase release number and the supply agreement number I5.TERMINATION.The perfannanceof work under this order may be terminated in whole,or in part by the
ifapplicable,(c)Container number and total number of containers,c.g.belN 1 of 4 boxes,and(d)the number Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the container bearing the packing slip.Seller shall bear cost of packaging unless otherwise provided. Goods of the Seller of a"Notice of Termination"specifying the extent to which performance of work under the
shall be suitably packed to sccurc lowest transportation costs and to conform with requirements of common order is terminated and the date upon which such termination becomes effective. Such right ortcrmination is
carriers and any applicable specifications. Buyer's count or weight shall he final and conclusive on shipments in addition to and not in lieu of the rights ol'Buyer set forth in Clause 14,herein.
not accompanied by packing lists. 16.FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if tlnc llfillmant
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship tine goods under of any terms of provisions of this contract is delayed or prevented by any cause not within the control of tlmc
rcaervation and no tender of a bill of lading will operate as a tender of goods. party whose performance is interfered with,and which by the exercise of reasonable diligence said party is
unable to prevent.
3.TITLE AND RISK OF LOSS. The title and risk of loss of the goads shall not pass to Buyer until Buyer 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation or
actually receives and takes possession of the goods at the point or points of delivery. any obligation made by Seller without the written permission of the Buyer. Anv attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply delegation by Seller shall be wholly void and totally ineffective for all purpose unles's made in conRrrmityw•ith
with all provisions of this contract as to time of dclivery,quality and to like. If a tender is made which does not this paragmph.
fully conform,this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, I8.WAIVER. No claim or right arising out of a broach of this contract can be discharged in whole or in pan
provided,where the time for performance has not yet expired,the Seller may reasonably notify Buyer of his by a waiver or claim
right
of the claim or right unless the waiver or dischagee renunciation is ole or in by
intention to cure and may then make a conforming tender within the contract time but not afterward.
consideration and is in writing signed by the aggrieved party-
5.INVOICES d 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 19. INTERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and
number and the supply agrcement number if applicable. Invoices sho 11 be itemized and transportation charges, perfiennance provided by Buyer in its advertisement for bids, and any other documents provided by
if any,shall be listed sepanlely. A copy of the bill of la ding,and the freight waybill when applicable,should Seller as part of his bid,is intended by the parties as a final expression of their agreement and intended also
be attached to the invoice. :nail To:Accounts Payable,City of Lubbock,P.0.Box 2000,Lubbock,Texas as a complete and exclusive statement of the terms of their ameennent. Whenever a tern defined by the
79457. Payment shall not be due until the above instruments are submitted after delivery. Uniform Commercial Code is used in this agreemeru,tlu definition contained in the Codc is to control.
6.GRATUITIES. The Buyer may,by written notice to the Seller,cancel this contract without liability to 20.APPLICABLE LAW. This agreement shalt be governed by the Uniform Commercial Code Wherccvcr
Seiler if it is determined by Buyer that gratuities,in the form of entcrtainnnent,gifts or otnervise,were offn•ed tile tern"Uniform Commercial Code"is used,it shall be construed as meaning the Unifonn Commercial
or given by the Seller,or any agent or representative of the Seller,to any officer or employee of the City of Code as adopted in the Stale of Texan as effective and in force on to date of this agmernant.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or 2I.RIG FIT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
amending,or the making of any determinations with respect to the performing of such a contract. In the reel the other party's intent to perform lie may demand that the other party give written assurance of his intent to
this contract is canceled by Buyer pursuant to this provision,Buyer shall be entitled,in addition to any other perform. In the event that a demand is made and no assurance is given within five(5)days,the demanding
I ights and remedies,to recoveror withhold the amount ofthe cost incurred by Seller in providing such gratuities, party may treat this failure as an anticipatory repudiation of the conind.
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any 22.INDEMNIFICATION. Seller shall indemnify,keep and save harmless the Buyer,its agents,officials and
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, employees,against all injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments,costs
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and expenses,which may in anywise accrue against the Buyer in consequence of the gnming of this Contract
and to the extent feasible shall be identi tied by the Seller as such. or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was
8.WARRANTY-PRICE.a. The price to be paid by time Buyer$hall be that contained in Seller's bid caused through negligence or omission of the Seller or its employees,or of the subseller or assignee or its
which Seller warn nts to be no higher than Seller's current process on orders by others for products of the kind employees,if any,and the Scllcr shall,at his own expense,appear,defend and pay all charges of attomcys
and specification cowered by this agreement for similar quantities under similar of like conditions and methods and all cons and otlmer expenses arising therefrom of incurred in connection therewith,and,if any judgment
of purchase. In Ile event Seller breaches this warranty,the prices of the items shall be reduced to the shall be rendered against to Buyer in any such action,the Seller shall,at its own cNPcnscs,satisfy and
Seller's current prices on orders by others,or in the alternative. Buyer may cancel this contract without discharge the same Seller expressly understands and agrees that any bond required by this contract,or
liability to Seller for breach or Seller's actual expense.b.The Seller warrants that no person or selling agency otherwise provided by Seller,shall in no way limit the responsibility to indemnify,keep and save harmless
leas been employed or retained to solicit or secure this contract upon an agreement or understanding for and defend lire Buyer a herein prnvided.
commission,percentage,brokerage,or contingent fee excepting bona fide employees of bona fide established 23.TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of
commercial or selling agencies nuintained by the Seller for the purpose of securing business. For breach of this contract,and failure by contract to muct the time specifications of this agreement will cause Seller to
vitiation of this waranly the Buyer shall have the right in addition to any other right of rights to cancel this be in default of this agreement.
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 24.MBE. The City of Lubbock hereby noti❑es all bidders that in regard to any contract entered into
orcontingcnl fee. pursuant to this request,minority and women business enterprises will he afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,color,
9.WARRAA'TY-PRODUCT. Seller shall not limit or exclude any implied wvaranties and any attempt to do sex or natural origin in consideration for an award.
so shall render this contract voidable at the option of the Buyer. Seller warrants that time goods fumishcd.vill
conform to the specification,drawings,and descriptions listed in the bid invitation,and to thesample(s)furnished 25.NON-ARBITRATION.Tine City reserves the right to exercise any right or remedy to it by law,contract,
by the Seller,if any. In the event of a conflict or between the specifications,drawings,and descriptions,the equity,or othcrxvfse,including without limitation,the right to seek any and all forms of relief in a court of
specifications shall govern.Notwithstanding any provisions contained in the contractual agrcement,the Seller competent jurisdiction.Further,the City stall not be subject to any arbitration process prior to exercising
repra=ts and warrants fault-fret performance and fault-free result in the processing date and data related data its hinrestricted right to seek judicial remedy.The remedies set fienh herein arc cumulative and not exclusive,
(including,but not limited to calculating,comparing and sequencing)of all hardware,sollware and firmware and»ray be exercised concurrently.To the extent of any eontlict between this provision and anmhur provision
products delivered and services provided under this Contract,individually or in combination,as the case may in,or related to,this document,this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to products and services 26.RIGHT TO AUDIT.Al any time during the term of the contract,or thereafter,the City,or a duly
provided by the Seller,its sub-Seller or any third party involved in the creation or development of to products authorized audit representative of the City or the Slate of Texas,at its expense and at reasonable times,
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reserves the right to audit Coninctols records and books relevant to all series provided to the City under
obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under the this Contract. tin the event such an audit by the City reveals any errors or overpayments by the City,
law and under this Contract including,but not limited to,its right pertaining to termination or default. Thu Contractor shall refund the City the full amort of such overpayments within thirty(30)days of such
warranties contained herein arc separate and discrete firm any other warranties specified in this Contract, audit findings,or the City,at its option,reserves the right to deduct such amounts owing the City train any
and are not subject to any disclaimer of warranty,implied or expressed,or limitation of tle Seller's liability payments due Contractor.
which may be specified in this Contract,its appendices,its schedules,its annexes or any document incorporated
in this Contract by reference. 27.HOUSE BILL 2015. House Bill 2015,signed by the Governor on June 14,2013 and effective on January
I.2014,authorizes a penalty to be imposed on a person who Contracts for certain services with a governmental
10.SAFETY WARRANTY. Seller warrants that ilia product sold to the Buyer shall conform to the standards entity and who fails to properly classify their workers.This applies to subcontractors as wall.Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of 1970. In the subcontractors who fail to properly classify individuals performing work under a governmental contract will be
event the product does not conform to OSHA standards,Buyer may return the product for correction or penalized 5200 for each individual that has been misclassified.(Tcxu Government Code Section 3155.001).
replawment 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. 28.ASSIGNING OR SUBLETTING THE CONTRACT.The Contractor shall not assignor sublet the contract,
or any portion or the contract, without written consent from the Director of Purchasing and Contract
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sate Seller Management.Should consent be given,the Contractor shall insure the Subcontractor or shall provide proof on
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agrecmcnl insurance from the Subcontractor that complies with all contract insurance requirements.
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 ofgoods according to the specification will not give rise to such a claim,and in no 29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by(lie 84111
n•cnt shall Buyer be liable to Seiler for indemnification in the event that Seller is stied on the grounds of Legislature,created 12252.908,Texas Government Code.Section 2253.908 requires a business entity entering
infringement of the like. If Seller is of tine opinion that an infringement or the like wilt result,he will notify the into certain contacts with a governmental entity or state agency to file with the governmental entity or state
Buyer to this effect in waiting within two weeks ager the signing of this agreement. IF Buyer dos not receive agency a disclosure of interested parties at the time the business entity submits the signed contract to the
notice and is subsequently held liable for the infringement or the like,Seller will save Buyer harmless. If governmental entity or state agency. Instructions for completing Farm 1295 are available at:
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in IffilY-++'++'++'ciJsibbask.lx usrdenarinenlal•+ecbsit•s`denarunennslmrchasing'+cndnr-infimm•ninn
infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goads or Services that the Contractor has read,
12. NON APPROPRIATION, All funds for payment by the City under this contract are aibject to the fully understands,and will be in full compliance with all terms and conditions and tie descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds contained!herein and any additional associated documents and Amendments.Tine City disclaims any terns and
by the City Council of the City of Lubbock for the goods or services provided under the contract,the City will conditions provided by the Contactor unless agreed upon its writing by the parties. In the event of conflict
terminale the contract,without termination charge or other liability,on the last day of t1e then-curem fiscal between lliaw Ions and conditions and any terms and conditions provided by the Contractor,the terms and
year or when the appropriation made for the then-current year for the goads or services covered by this contract conditions provided herein shall prevail. The terns and conditions provided herein are the final terns agreed
is spent,w•hiclmcver event occurs first. If at any time fiends are not appropriated for time continuance of this upon by lime parties,:and any prior conflicting terms shall be of no force or effect.
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure to give 31.By accepting this PO,contractor acknowledges that pursuant to Section 2270.002,Government Code,(a)
such notice shall be of no effect and the City shall not be obligated under this contract beyond tine date of This section applies only to a contract that:(q is between a governmental entity and a company with 10
lermination.
or more full-time employees;and (2)has a Value of 5100,000 or more that is to M:paid wholly or partly
13.RIGHT OF INSPECTION. Buyer shall have the right to inspect lire goods at delivery before accepting from public funds of the govenunental entity. (b)A governmental entity may not enter into a contact with
then. a company for goads or services unless tlo contract contains a written verification from the company that
w
14.CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undclivcrcd il:(1)does not boycott[sack and(2) ill not boycott Israel during the cerin of the contract..
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
Rev.07119
The Authority in Construction,
_RBY _ITH Paving and Crane Equipment
_-g
MACHINERY, i N c. www.kirby-smith.com
10114/2019
Quote#: ohernandez-1330
BUY BOARD 515-16
Tim Merritt
CITY OF LUBBOCK
Po Box 2000
Lubbock, TX 79457
Dear Tim Merritt:
We are pleased to quote the following for your consideration:
WIRTGEN W 130 CFi 2019 model wl 0 hours, Unit#N.I.S., SIN Factory Order.
The following Factory and Dealer Options are included in the package:
• W 130 CFi Compact front loader(345hp)(44,756lbs operating weight)
• Exhaust after-treatment diesel oxidation catalytic converter DOC
• 4 driven track units
• FCS milling drum 4ft 3in with 121 picks(0-1ft 1 in milling depth)
• Discharge conveyor 26ft gin long, 2ft wide,with hydralic folding device
• WITOS Fleetview—professional telematics
• Halogen/LED lighting syste including roatating beacon
• Precision steering by pushbuttons
• VCS Extraction system
• 3 Day on-site training
To be purchased through BuyBoard. Contract#515-16
LIST PRICE $635,874.00
LESS BUY BOARD DISCOUNT(15% OFF LIST) ($95,381.10)
BUY BOARD 515-16 CONTRACT PRICE $540,492.90
ADDITIONAL KIRBY-SMITH DISCOUNT ($17,607.90)
Price Complete(FOB to Lubbock): $522,885.00
We believe the equipment as quoted will exceed your expectations. On behalf of Kirby-Smith Machinery, Inc.,thank you for the
opportunity to quote WIRTGEN machinery.
Sincerely,
Obed Hernandez
Territory Manager
(806)745-2112
806-781-7732
ohernandez@kirby-smith.com
*Subject to all applicable taxes. 'This proposal is good for 30 days &subject to availability."
www.kii-by-stnith.coni 1 888-861-0219
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