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HomeMy WebLinkAboutResolution - 2004-R0267 - Purchase Order For Emergency Overhaul Of Engine - Warren Cat Of Lubbock - 06/09/2004Resolution No. 2004—R0267 June 9, 2004 Item No. 41 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for an emergency overhaul of engine on VO10110 D-8 dozer, between the City of Lubbock and Warren Cat of Lubbock, Texas, 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 this 9th day of June , 2004. Z&11� -" 'MARC MC G , MAYOR ATTEST: Garza, City S APPROVED AS TO CONTENT: qt�TN_hAtl�� _ Victor Kilman, P chasing Manager APPROVED AS TO FORM: ohn Knigh,`Assistdnt City Attorney as/ccdocs/PurchOrd-Warren Cat.res May 26, 2004 City of Lubbock U R C H A S E 0 R D E R T0: WARREN CAT ATTN JOE NOVAK 702 E SLATON ROAD LUBBOCK TX 79404 Resolution No. 2004-RO267 Page - 1 Date - 5/12/04 Order No. - 259896-000 OP Brn/Plt - 2211 SHIP TO: CITY OF LUBBOCK AUTO PARTS WAREHOUSE 204 MUNICIPAL DRIVE LUBBOCK TX 79404 --------------- Ordered - 05/12/04 Freight - FOB Destination Frt Prepaid Requested - 05/12/04 Placed By - RON SHUFFIELD 775-2170 Special Ins Per WO-54341 -------------------------------------------------------------------------------------. Description / Supplier Item Ordered --------------------------- ............... Water in engine oil 1.000 Emergency overhaul of engine on V010110 UM Unit Cost UM Extension Req. Dt ----------------- -- ----------------- -------- EA 28,958.0000 EA 28,958.00 05/12/04 D-8 Dozer This purchase order encumbers funds in the amount of $28,958.00 to Warren Cat of Lubbock, Texas on June 9,2004 in accordance with City of Lubbock Work Order #54341 dated May 3, 2004. The following are Incorporated Into and made part of this purchase order by reference: Repair estimate as submitted by your firm — ATTEST: Qj-�� . gag Rebecca Garza, City Secretary ^ Total Order ------------------------------------------------------------------------------------- Terms NET 10 EOM 28,958.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 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. Seller 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. 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 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 wan -ants that the goods famished 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-fiee performance and fault -flee 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. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seiler, 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 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. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. 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. 14. 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 "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 13, herein. 15. 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. 16. 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 conformity with this paragraph. 17. 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. 18. 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 term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever 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. 20. 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. 21. 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 attomeys 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. 22. 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. 23. 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. 1000250 Resolution No. 2004—RO267 Page 1 of 2 REQUEST FOR EXEMPTION FROM LOCAL GOVT CODE 252 (For Expenditures Over $3,000) Name of Managing Director Submitting Request: "cf iej�t f "LLB='/'�'�CCU,,< Division: / ;,,;/ /� 1J�+It /�S Department: Provide a detailed description of item(s) or service(s) exempt from the Texas Local Government Code per §252.022 and an explanation why the items(s) or service(s) are necessary. Explain what the items are, how the items will be used, who will use the items, when and where the items will be used. i /, /Ls, ,,,, c -7 1Ile /J-. L±4� f%t_GLtJG't/ iY' ovc��i�J jc• .>�' 12G'�si. Lr /yi.�, 3 _iv t.lw)Pill /1'c.c.Jilett/S� :fl,l�i i�r� i ri, iCi//AI'e %7, Al, Jiy/%r mot' y A .4j&.,j ��G'✓Yyi Lj //L'.%:/'%�. fI<'.r icy /Zc 4.JS. I'G'�!'-� Git, s�Vi/ L`t'///C iPf Y _ jwri1 daz c' 170 x!A c/f/mr. (.s ii ; t"-) Ar , I {X � �4 )4iY4L L'j 1 SCk .0 ( t=AClLoiZ` �AMdr�lt) i{AM i5 S"tD '�'> iZrt 3c/ iD liliS i/� L%/S/'�r..-� / ,• r.c7T. /1�S .t•l ci/iNC /�S [/.;`t'd isvc�.ly .lJtiv intG L rn10�°i/% �.3 2. Statutory exemption for (Circle one or more if applicable): (1) a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality, (In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Attach Emergency Purchase Explanation Form PUR-075 to this request.) (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents, _ (Attach Emergency Purchase Explanation Form PUR-075 to this request.) (3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other C _...J property; (4) a procurement for personal or professional services, (5) a procurement for work that is performed and paid for by the day as work progresses, (6) a purchase of land or a right-of-way; (7) a procurement of items that are available from only one source, including, (Attach Sole Source Justification Form PUR-070. Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. Please allow uD to 45 days to process Sole Source Justification.) (A) Items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (B) Films, manuscripts, or books, (C) Electricity, gas, water, and other utility services, (D) Captive replacement parts or components for equipment, (E) Books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials, (F) Management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; (8) a purchase of rare books, papers, and other library materials for a public library,• (9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the Improvements,, PUR-010 (Rev 6/02) Page 2 of 2 (10) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters, (11) a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212, (12) personal property sold: (A) at an auction by a state licensed auctioneer,• (B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code, (C) by a political subdivision of this state, a state agency of this state, or an entity of the federal government, or (D) under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; (13) services performed by blind or severely disabled persons, (14) goods purchased by a municipality for subsequent retail sale by the municipality, • or (15) electricity. 3. Factual justification for request (Give a brief summary why this request falls within one or more of the exceptions circled in paragraph 2 above.): %1 �y�/. z �r /Zt 0 -,j C, e S T .J. l/twtfZl.lye 4 eG %`✓ Z C.y // i S �f /lc !i/ M / }I ✓:St��'c /f <<c ti i y I REQUISITION #: 1A < s REQUISITION AMOUNT: ki vise Approval must be obtained from the Fleet Services Manager when the purchase includes rolling stock (e.g., autos, trucks, off -road e ipment, f arm equppre trailers, utility/service bodies, etc.). S gnature of Fleet Services Manager Date Approval must be obtained from the Manager of Information Technology when the purchase includes any computer systems, computer hardware, computer software, or computer peripherals. Signature of Manager of Information Technology Date R�NDED EMITTED BY: Signat f Managing sector Da e EXEMPTION APPROVED AND AUTHORIZED BY: � U Date Date r v Lt PUR-010 (Rev 6/02) MARREN May 6, 2004 Mr. Robert Robinson City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Mr. Robinson: Please be advised that Warren Power & Machinery, L.P. dba Warren Cat is the authorized Caterpillar Dealership for Lubbock County as set forth in the Sales and Service Agreement between Caterpillar Inc. and Warren Power & Machinery, L.P. dba Warren Cat. If you have any questions, or need further assistance, please contact me @432/571-4225. Sincerely, A ony Folger Warren Cat VP Finance Powered by Service Warren CAT - 10000 W. IS 20 - P.O Box 61247 -Midland, Texas 7971 1 -14321 563-1863 CITY OF LUBBOCK Sole Source Justification Vendor: WARREN CAT Product/Service: Overhaul Engine in V010110 Estimated annual expenditure for the above commodity or service: $ 28 958.00 Initial all entries below that apply to the proposed purchase. Attach Request for Exemption from Local Govt Code 252 (form PUR-010) containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). 1. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER, THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional distributors exist. Item no. 4 also must be completed.) 2. _X SOLE SOURCE REQUEST IS FOR THE ONLY GREATER WEST TEXAS AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's —not the distributor's — written certification that identifies all regional distributors. Item no. 4 also must be completed.) 3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) 4._ THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that Texas Local Government Code §252.021 Competitive Bidding and Competitive Proposal Requirements be waived and that the vendor identified as the supplier of the service or material described in this sole source justification be authorized as a sole source for the rvice or material. DEP TMENT HEAD SIGNATURE MANAGIP(G-01RE&OR SIGNATURE DEPARTMENT DIVISION DATE (PURCHASING DEPARTMENT USE ONLY) APPROVED BY PURCHASING: DISAPPROVED BY: REASON FOR DISAPPROVAL: DATE: m (Please allow up to 45 days to process Sole Source Justification.) PUR-070 (Rev 6/02) 2,U)q- 00 20 Engine �tec�on�il�on �etoria�iure Vol6110 A Recondition Before FaNune Engine overhaul Is designed to give a customer a realistic complete engine overtnaW price for an engine that has high hours, but no faiure. This would Include all needed parts to rebuild a worn but riot failed engine. This would mknkrgze the cumtomen's time Involved far piece part reusability decisions. -0:4-W70004 This overhaul option gives the cusbmet a flat rats price and mkninxiass call from our n*xM center on ratm bft ds A k I I Thla is on excMent option to oorarkler far ph rrned PM connponw t repair. The m; m a and dovAtlrne can be planned well in advance of the actual repair. Two year, 5000 her warranty. Scheduled ON Sampling required st each 250 hour service interval. Sample bottles supplied at no additional cost. 1.Remove and Install iffior 2 Stow Clean Engine 3. Replace fuel injectors (nozzles) and all heat shields. 4. Thorough Map ar bon 01'cxardrahaR S. Recondition spacer Mate 8. RecorKWM& and mange fuel h*N%on pump housing 7. Recondition accessory drive (beerkg and sods only) 8. R a r e I for fuel prirrning pump. 9. Recondition of fifer housing and base (gasket and sods only) 10. Recondition fan calve (bearing and seals orgy) 11. Recondition fan belt tensloner (bowing and seals only) 13. Replace fan belts 14. Exchange or reccndtion cal pump 15. Exchange or recondtion cylinder packs; (per, liners, rods) I & F_xaharge or recondition turbocharger 17. Exochange orrecondition cylinder hesd(s) 1& Exchange or recondition waterpurnp 19. New rod, main, and thrust bowing Votes) 20. New front and rear corer seals replacement 21. New canmtait bearings; 22. New geakets and seals 23. Cloon of coabr core (aockides replacement) 24. Clean crankcase brexether 25. F.xh wW starter and altemedr 25.4 hoer dyno tern. custo"M City Of Lubbock Date 5412004 Model Dunk Serial No, 6YZ0068Y Quoted Price $28,958.00 Pi valid rat W dfts fiom dda of auohtlon and do roe inoNxN 8" 1. lrudicatad by a repdr detannnirnatiorn inspector 2. Scheduled of somplk shows unacceptable wear/or conterniraalon. 3. Operation characteristics Indicate a problem. 4. Targeted hours for "Repair Before Fak W are reached. 5. Wear on krte , parts4kgs, liners, bearings. valves and valve seats. Have reached overhaul dinernsions. & Complete disassembly of the engine Is required to complete the MP&- 7. Excessive metal found In the filters during Inspection. 001ablO ra" �os3.s 2. Air/Freon compressor repairs. 3. Camshaft and lifter replacement. 4. Balancer shaft(s) replacement. 5. Electrical repairs • 6. Oil/After cooler 7. Core charges (if applicable) 8. Air Fitters, Hoses, lines, clamps 9. Coolant/antifreeze replacement 10. Mileage and travel time 11. Any partAabor not In repair option. 12. Work performed outside normal working hours. 13. Crankshaft replacement 14. Major cylinder block repairs or replacement 15. Gas starting engines. 16. Transportation of michine or component BARREN UK I appkabla AN prim on b=W on work perlomnd at dedw np* facibm 2n04- W Q-(oq Repair/Recondition Inspect 0