HomeMy WebLinkAboutContract 35805 •� CITY SECRETARY
� t CONTRACT NO, 3 oa/31noo7
RENTAL AGREEMENT LONG TERM
HOLT TEXAS,LTD.d/b/a HOLT CAT,a Texas limited partnership(the'HoIC),and Customer,as identified below,hereby enter into this Rental Agreement(the'AgreemenC),under the following terms and conditions:
HOLT CAT CUSTOMER:
3302 So.W.W.White Rd.-78222 Name
P.O.Box 207916 H° CITY OF FORT WORTH TPWISTORM WATER MGMT
San Antonio,TX 78220-7916Address:4100 COLUMBUS TRL
Name City,County,State,FORT WORTH,TAR(RANT, TX,76133-7578
� CITY OF FORT WORTH TPWISTORM WATER MGMT ,
t�
a
,—] Address:4100 COLUMBUS TRL Customer P.O.No.:
0
E-' City,County,State,Zip c count#: 0441579 Customer Is: Sole Proprietorship Partnership
FORT WORTH,TARRANT,TX,76133-7578
❑Corporation ❑Limited Liability Company
ShipFrom Approx.Shipping Date Contact Name: Rodney Smithey Phone:(817)944-2094
Holt Irving 09/12/2007
Via F.O,B.
Customer Pick Up Holt Irving
Desclili of thegilujIgmentc2Md bytheAgreement "E ui nt"
Model Number ID Number Serial Number
11 CP563E CAB HLK008792 OCNT01582
REF NO ATTACHMENTS DESCRIPTION REF NO ATTACHMENTS DESCRIPTION REF NO ATTACHMENTS DESCRIPTION
2033391 CP-563E VIBRATORY COMPACTOR 2354119 2034718
SEAT,SUSPENSION,CLOTH TIRES,TRACTION
3045724 ENGINE,NORTH AMERICAN MARKET 2040752 OP0210
2042140 DRUM,PADFOOT+LEVELING BLADE 2146429 CONTROL,SINGLE FREQUENCY DOMESTIC TRUCK
2039722 CAB,ROPSIFOPS WITH AIC INSTRUCTIONS,ENGLISH OP4592 INLAND FREIGHT
1843150 GUARD,TRANSMISSION
Rental Installments I sured Val}}i�e FOR HOLT S REFERENCE ONLY
None V Weekly t Monthly PWC Cade#02m:
The amount of each installment of rent payable hereunder by Customer("Rental 182581.00
InstallmenC)shall be the total amount set forth below: Release#
Rental Installment $4125.00 14%of base rental amount. Salesman's#114
If Customer accepts the FTV Waiver,Customer will be responsible for County Code 6J1
FTV $0.00 loss or damage up to$5000.00 for fire,vandalism,collision,overturn,
explosion,windstorm,hail,lightning,earthquakes,sinkhole collapse,
Subtotal $41z5.00 sprinkler leakage,aircraft,rats,ocean tides,rodents,etc.or
$25,000.00 for theft and flood depending upon type of loss,as specified
Sales Tax in the HOLT CAT FTV Waiver Guide. EXTENDED WARRANTY
$340.31 If equipment is shipped by Holt a transportation charge of$0,00(each The Equipment®is I is not covered by
"Dealers"Hvy.Eq.Tax way)will be billed,plus applicable sales tax. ❑CAT Insurance M HOLT CATS warranty in accordance with
$9.44 To Be Determined❑Yes M No the Warranty Form attached hereto. Customer acknowledges
receipt of the Warranty Form by initialing in the allowing space:
Off Road Tax Initials
$82.50 36 Mos./5,000 Hr.Powertrain&Hydraulics
UNLESS A WARRANTY IS PROVIDED,AS INDICATED ABOVE,
Other Charges CUSTOMER RENTS THE EQUIPMENT IN AN AS-IS CONDITION,
$0.00 WITH NO WARRANTY,EXPRESS OR IMPLIED. CUSTOMER
LKE Eligible M yes ;no ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT AS-IS
Total $4557.25 BY INITIALING IN THE FOLLOWING SPACE: Initials
HOLT CAT machines are not to be used in or near salt water. The
customer will pay for all damages resulting from such use.Machines
that have run in sand and have excessive wear will be charged for
the additional wear.
OVERTIME:The above payment installment is based on a single shift rate of 8 hours a day for daily rentals,arty hours a week for weekly rentals,and 160 hours per four week period. Customer agrees to pay overtime
hours as 1/8 of daily rate,1/40 of a 40 hour week rate,or 1/160 of a 160 4 week period.Overtime charges pro-rated based on the invoice rate divided by the maximum number of hours of excess usage.
Rental Term and Payment Dates:Rental Tern:6 4-week periods,beginning 0911212007("Commencement Date')
Payment Dates:The Payment Dates shall be the last day of each 4-week period during the Rental Term.
Insurance:
Customm act as rsceipt of Holes Certificab of Insurance Request Form seWnq out Hok's insurance requirements and agrees to provide Insurance In accordance therewb: infkals
Fire Theft and Vandalism(FTV)Waiver.
If Customer initials here: Customer accepts the FTV Waiver. If not initialed,Customer declines the FTV Waiver. If Customer accepts the FTV Waiver,Customer shall pay as additional rental the amount shown
above,which is based on a rate of 14%multiplied by the Equipment Rental Rate invoiced. Customer acknowledges receipt of a copy of the HOLT CAT Fire Theft and Vandalism Waiver Guide: Initials
The FTV Waiver is not available for all rental transactions. Holt may refuse to offer the FTV Waiver in its sole discretion.
PURCHASE OPTION: OPTION PRICE: $182581.00 The purchase will expire on 0311212008,
The Option Price M does ❑does not include the cost of manufacturers extended warranty. (If neither is indicated the warranty cost is not included in the Option Price). Customer is granted an option to purchase the
Equipment The following terms and conditions shall apply to Customers purchase option:
A.The option is not assignable.
B.Holt shall transfer to Customer(i)any remaining standard manufacturers warranty on the Equipment,and(ii)if the Option Price includes the cost thereof,any remaining extended manufacturer's warranty on the
Equipment. All such warranty transfers shall be only to the extent the warranty transferred is then valid and effective. THE SALE SHALL BE AS-IS,WHERE IS,AND WITHOUT WARRANTY OF ANY KIND FROM HOLT,
AND THE DISCLAIMER OF WARRANTIES SET FORTH BELOW SHALL APPLY.
c.Customer may not exercise the option at any fime(i)that Customer is in default of the performance of any of Customers obligations under this Agreement,or(ii)that an event has occurred and is then continuing which
would constitute an event of default hereunder,or(iii)Customer has not paid in full any open account balances due Holt.
D.In order to exercise the option Customer must pay to Holt in cash or certified funds,the Adjusted Option Price of the Equipment together with all taxes on or measured by such purchase price. The term'Adjusted Option
Price'shall mean the Option Price set forth above less any Base Rental paid by LesseeCustomer hereunder,plus non-warranty repairs to the Equipment made by Holt for which Holt has not been pad,plus interest on the
Option Price from the Commencement Date to the date of payment at a rate equal to the lesser of(i)the Maximum Rate or(ii)the Prime Rate plus 3.0 percent
Nofice is hereby give to Customer that may assjaD its rights under this Agreement to HLKE Inc.to sell the rental equipment described herein and,if applicable to purchase any trade-in property.
Sales Tax Information:Customer does t does not clam that the rental of the Equipment is exempt from taxation under Chapter 151 of the Texas Tax Code. The reason Customer claims such an exemption is
as folFaws:govemmental entity
If Customer claims an exemption,an Exemption Certificate conforming to applicable law must be provided upon execution hereof,and if not provided applicable sales tax will be charged.
Disclaimer of Warranties and Waiver of Claims:SEE REVERSE FOR DETAILS.
Other Terms and Conditions:THERE ARE OTHER TERMS AND CONDITIONS WHICH ARE CONTAINED ON THE REVERSE HEREOF OR ATTACHED HERETO(AS APPLICABLE)
WHICH ARE AN IMPORTANT PART OF THIS AGREEMENT. PLEASE REVIEW THE OTHER TERMS AND CONDITIONS BEFORE SIGNING THIS AGR EMENT.
HOLT:HOLT TEXAS,LTD. CUSTOMER: CI F FORT WORTH T WATER MGMT
of Conn an
By: By: 11
Its:
(signature) ----- (signature) Marc A. Ott
rAPZPAS TO FO AND L L)<(tine) (tine) r-- ger
Date: Date: )iv'rj
N ��
OTHER TERMS AND CONDITIONS
1.TERM:;The Term of this Agreement begins on the Commencement Date and continues for the Rental Term;provided,however,Customers obligation to pay Rental Installments shell not be for less than the period of time from when the Equipment is delivered to Customer until the
Equipment is returned to the possession of Holt.
2.RENT AND OTHER PAYMENTS-,Customer shell pay Holt the Rental Installments in arreere co or before each succeeding Payment Date,without demand,deduction on offset If Customer defaults in the payment of any sum of money to be paid under this Agreement,Customer shell pay Holt,
as additional rent,interest co such unpaid sum from its due data to the dale of payment at the Maximum Rate.Such additional rent is in addition to,and not in lieu of,other rights and remedies Holt may have.All amounts due and owing hereunder shell he payable at the offices of Holt set forth
above It the time for payment of any amount due hereunder is not otherwise stated herein,payment shell be due Upon Rempt.
3.ACCEPTANCE AND DELIVERY:;Customer shell inspect the Equipment upon receipt.Customer shell be presumed to have accepted the Equipment unless the Customer notifies Holt of any defects within twenty-four(24)hours.The notice shall be provided telephonically and in writing to Holt
and shell set forth in complete detail the defects in the Equpment to which Customer objects Holt shell have the right to repair or replace the Equipment,within a reasonable time,or to cancel or resand this Agreement,without liability to the Customer,except for return of any amounts paid.
4.TITLE:;Title to the Equipment shall at all times remain in Halt Customer,at its expense,shall protect the title of Holt and keep it free of all claims and liens.All replacements,repairs,improvements,altam6ons,substitutions and additions shall consotum accessions to the Equipment and title
thereto shell vest In Holt
5,LOCATION OF EQUIPMENT:Customer shall not remove the Equipment from the local set forth on the front side of this Agreement,without Hotta written consent Customer represents that the Equipment will not be affixed to any real seem or other goods se as to become fixtume on such
real estate or accessions to other goods
6.USE'.So long as Customer is not in default under this agreement,Customer shell be a milled to the possession,use and quiet enjoyment of the Equipment during the Rental Term in accordance with the terms of this Agreement Customer werents that,(I I The Equipment will at all times be used
and operated solely in the conduct of Customers business and not for personal,family or household use,and in accordance with the operation,use and In instructional materials supplied to Customer,(2)Customer wilt comply with all applicable laws,acts,rules,regulations and orders ateming the
Equipment or use thereot and(3)the Equipment will be used solely for the purpose for which it was designed and intended,and will not be abused or used beyond its rated capacity.Customer shell operate the Equipment with reasonable care and diligence and use reasonable precautions to
prevent loss or damage to the Equipment.
7.REPAIRS AND MAINTENANCE:;Except for repair costs covered by an express Holt or menulacturerwarreny,Customer,at its expense at all limes shall:(1)keep the Equipment in good and efficient working order and condition,(2)pay all costs,expense,fees and charges incurred in
connection with the use on operation of the Equipment including,but not limited to maintenance,storage and servicing,and pay Holt,upon demand,its regular charges for any parts on labor furnished in making any repaim Customers maintenance obligations shell include,but not be limited to,the
performance of all daily maintenance recommended in applicable manufacturer operation,lubrication and lot maintenance guides('Daily Maintenance")In connection with the performance of Daily Maintenance,Customer shall(i)utilize fluids,lubricants and filters which meet current manufacturer
specifications,and at all times maintain levels as recommended by the manufacturer,(it)utilize scheduled oil sampling from Holt,(iii)be responsible for all cleaning of the Equipment as required for maintenance,(iv)be responsible for fire and tube replacement,fuel,ground engaging rods(buckets,
roper shanks,ere.),glass breakage,makeup fluids,cleaning and painting;(v)be responsible for nootying Holt of any unusual noises or problems with respect to the Equpment;and(vi)be responsible for making the Equipment available for maintenance by Holt.
8.TAXES
9.LOSS AND DAMAGE'.;Subject to the provisions of Paragraph 11 hereof,Customer assumes all risk of and shall be solely responsible to ell damage and loss to the Equipment from any cause whatsoever,whether or not such loss or damage a or could have been covered by insurance The
Agreement shell not terminate end there shell be no abatement,reduction suspension or deferment of Rental installments for any reason,including damage to or loss of the Equipment.Customer shall promptly give Holt written notice of any loss or damage,describing in detail the muse and the
extent of such loss or damage.Custamor shall at its expense promptly repair any damage or loss to the Equipment,or reimburse Holt for the value of the Equipment,including partial or complete destruction,and including intentionally mused damage or theft Holt shall not be liable and Customer
waives any claim it might have(i)for injury to Customers business or any loss of income therefrom,(it)for damage to the property of Customer,or(III)for injury to the person of Customer or Customer's agents,representatives and employees resul0ng from this Agreement a mused in any way by
the Equipment.
10.FIRE THEFT AND VANDALISM WAIVER:If Holt has offered Customer the FireTheft and Vandalism Waiver(FTV)as indicated on the front side hereof and Customer has elected to purchase same,Holt agrees that Customers responsibility for loss or damage to the Equipment resulfing from
certain occurrences shell be limited in accordance with the terms of FireThell and Vandalism Waiver Guide provided to Customer herewith Holt and Customer acknowledge that nothing in this Agreement or in the FireTheft and Vandalism Waiver Guide is intended to be construed es creating an
insurer Insured relationship between Holt and Customer in regard to the Equipment,persons operating the Equipment,persons who may be injured by the Equipment or any situation which may arise as a result of this Agreement.If Customer does not purchase the FTV,then Customer shall
provide all risk property insurance covering the Equipment in accordance with Paragraph 12 hereof.Holt shell be under no obligation to accept Customers certificate of insurance in lieu of the FTV ifprovided by Customer after the Commencement Date In the event Holt does so,Customer shell
not be enticed to any refund W FTV charges paid prior thereto.
tit.INSURANCE:;Customer agrees to provide Holt with a certfimta of Insurance providing evidence of coverages in acmrdence with Hots specific requirements which are set out on Holt's Certificate of Insurance Request Form(CIR)provided in connection with this Agreement.Customer agrees
to execute the CIRto evidence both receipt and acceptance thereof The payment of any applicable deductible shell be the We responsibility of Customer Customer shall promptly notiy all insurers and Holt of each and every,occurrence which may become the basis of a claim or muse of action
and provide Holt with all information requested by Holt about each occurrence.Customer shell furnish Holt with the required cerfficete of insurance prior to the release of the Equpment to Customer.
12.EVENTS OF DEFAULT:Each of the following is an event of default under this Agreement:(1)Customer's failure to pay any Rental Installment or other sum payable to Holt or any affiliate of Holt when due,whether such indebtedness anses hereunder or otherwise;(2)Customers ceasing to do
business as a going concern,becoming insolvent,taking advantage of any law for the relief of debtors,making an assignment for the benefit of steditos or a filing under the U.S.Bankruptcy Code by or against Customer;(3)Holt deems the Equipment in jeopardy or feels insecure with respect to
Customers continued ability to make payments or the value of the Equipment,or(4)Customer fails to perform any other obligation imposed co Customer under this Agreement,
13,REMEDIES OF DEFAULT:;In the event of any default by Customer,Holt is entitled to any one or more of the following remedies:
(a)Holt may take possession of the Equipment and terminate the Agreement and Customers rights hereunder
(b)Holt may proceed by court action to enforce performance of the terms of this Agreement and to recover damages for the breach hereof.
(c)Holt may wthhold delivery of the Equipment,take possession of any Equipment previously delivered,and for stop delivery of the Equipment by any bailee.
(d)Holt may take possession of the Equipment and recover from Customer immediately,as liquidated damages,and not as a penalty,an emaunt equal to the sum of the unpaid Rental Installments for the remainder of the Rental term,plus other unpaid sums due under this Agreement,discounted
to its present value at a rate of interest equal to the rate aimed on U S.treasury securities ore like term,plus incidental damages incurred by Holt
(a)Without termineling this Agreement,Holt rosy take possession of the Equipment and sell,relet or otherwise dispose of the Equpmant.In the event the Equpment is released,Holt may recover from Customer as damages(i)the accrued and unpaid rent as of the date of the commencement of
tie term of the new rental agreement,(ii)plus the present value(calculated as provided in subsection(to above),as of the same date,of the remaining Rental Installments for the unexpired portion of the Rental Term,(iii)less the present value(mlmleled as provided in subsection(d)above),as of
the same date,of the rent under the now rental agreement applicable to the period of time equal to the unexpired portion of the Rental Term,and IN)plus any incidental damages incurred by Holt..In the event the Equipment a sold or otherwise disposed of,Holt may exercise any one or more of the
remedies provided above In no event shall Holt be required to sell or mist the Equipment,nor required to rebate or pay back any gain or profit as a result of selling or relettlngtie Equipment.Holt will rwfity customer of default and allow 15 days to are before exercising any of the above
remedes In taking possession,Holt may enter upon any premises where the Equipment may be located and remove the Equipment or store it on the premises without charge.Any claim for damages mused by the taking possession,storage on removal is hereby waived by Customer The
remedies provided herein shell not be exclusive,but shell be cumulative and In addition to all other remedies existing at law or in equip.It is expressly understood and agreed that,in the execution of this agreement,the City does not waive,nor shell it be deemed to waive,any immunity or defense
that would otherwise be available to it.
14.;AUTHORITY TO ACT ON BEHALF OF PURCHASER:;Customer authorizes Holt to file such financing statements covering the Equipment as Holt deems necessary or advisable.
15.ASSIGNMENT AND SUBLEASE:;Holt may assign any of its rights and obligations hereunder and will provide notice of such to customer.No assignee of Holt shall be obligated to perform any covenant,condition or obligation required to be performed by Holt hereunder.However,in the event
arty assignee agrees to assume the obligations of Holt,Customer agrees that Holt shell be released from all further liability,hereunder.Neither this Agreement no any of Customers fights hereunder shell be assignable by Customer without the prior written consent of Holt.Customer agrees it will
mt.without the prior whiten consent of Holt,allow the Equpment to be used by persons other then employees of Customer or rent or sublease any Equipment to others.
16.RETURN'.Upon the expimfion or earlier termination of this Agreement Customer shell promptly return the Equipment to Holt free and clear of all mortgages,liens,security interests,charges,encumbrances and claims,and in the same operating order,repair,condition and appearance as when
received,ordinary weer and tear excepted Customer shell make such return at its expense and nsk,freight and insurance prepaid,to the destination specified by Holt.In the event Customer remains in possession of the Equipment after the expiration or earlier termination hereof,Customer shall
be a lessee at will,and all terms and conditions of the Agreement shall contlnue in full face and effect
17.TRANSPORTATION CHARGES:All tmnsporlabon charges shall he borne by the Customer,including,but not limited to,all loading,unloading,installing,dismantling and hauling,all demurrage accruing at its own shipping or receiving point,and all freight and switching charges both upon
delivery and return
18.CUSTOMER'S WARRANTIES:,In addition to the other warranties contained herein,Customer warrants to Holt that(i)d Customer is a corporation,limited liability company on limited partnershp,Customer is a duly organized and validy existing in good standing under the laws of the state in
which it is organized and has duty authorized the exambon,delivery and performance of this Agreement and(ii)the Agreement has been duly and validly executed and delivered by Customer and constitutes a valid contract which is fully enforceable against Customer according to its terms.
19.NOTICES:All entices required or permitted hereunder shall be in writing and shall be deemed duly given if delivered personally or mailed,by certified mail,return rempt requested,to the respective addresses of the party set forth above or any other address designated by notion given in
accordance with this section.
20.USURY.;This Agreement is a lease,and cal a financing agreement or arrangement.However,if this Agreement shall we,be deterinined to be a finardng agreement or arrangement involving the Iron of monies,this paragraph shall apply.Riming the intention of the parties to strictly conform
to the applicable usury laws,all agreements between the Customer and Holt,whether now existing or hereafter arising and whether written or sal are hereby expressly limited so that in no event,whether by reason of accolembon of the maturity of the obligations secured hereby or otherwise,shall
the amount paid or agreed to be paid to Holt for the use,forbearance,or detention of money hereunder or otherwise,exceed the maximum amount permissible under applicable law.It fulfillment of any provision or of any document evidencing or securing the obligations secured hereby shall involve
exceeding the limits prescribed by law,then the obligation to be fulfilled shell be reduced to the legal limit end if Holt shall ever receive anything of velue deemed interest under applicable law which would exceed interest at the highest lawful rate,an amount equal to any excessive interest shall be
applied to the reduction of the principal amount owing hereunder and not b the payment of interest,or if such excessive interest exceeds she unpaid balance of principal hereof,such excess shall be refunded to the Customer.All sums paid or agreed to be paid to Holt
for the use,forbeerence,or detention of the indebtedness of the Customer to Holt hereof shall,to the extent permitted by applicable law,be amortized,prorated,allocated,and spread throughout the full stated term of such indebtedness so that the rate of interest on account of such indebtedness is
uniform throughout the term thereof
21.PRIME RATE:"Prime Rata'shall mean the prime rate as published in The Wall Steel Journal,Southwest Edition.The Prime Rate shell be adjusted by Holt as often as it does so in accordance with Hil normal billing practices
22.MAXIMUM RATE:'Meximum Rate'shall mean the highest non-usurious rate of interest allowed by Texas law.The indicated rate shall be applicable to such provision.
23.MISCELLANEOUS:;Time is of the essence of this Agreement.This Agreement represents the snore agreement between Holt and Customer and all other representations or agreements,whether oral or in writing,are superseded by this Agreement.It any provision of this Agreement or the
application thereof is hereafter held invalid or unenforceable,the remainder of the Agreement shall not he affected thereby.To this end,the provisions are declared severable.If there is more then one Customer,the obligations of Customers hereunder are joint and several Subject to the terms
hereof,this Agreement shall be binding upon end inure to the benefit of Holt end Customer and their respective personal representatvee,successors and assigns.This Agreement shall be governed and construed according to the laws of the state of Teams Each party hereby irrevocably and
unconditionally consents to submit to the exclusive jurisdiction of the courts of the state of Texas and the United States of Amence located in Fort Worth,Texas,for any actions,suits or proceedings arising out of or releong to this Agreement,excluding any claims arbitrated under peregreph 26
hereof
24.SECURITY AGREEMENT:This paragraph shall cat be construed to mean this Agreement is a finaming agreement or arrangement instead of a rental agreement or that fibs to any Equpment is transferred to Holt.Holt and Customer intend and agree that this Agreement is a rental agreement
and mt a financing agreement or arrangement This paragraph is included herein as a protective measure only Customer hereby giants to Holt a security interest in the Equipment and any and all additions and substitutions thereto or therefor and all proceeds theme(or other benefits orproducts
etbibutabIs thereto to secure the payment of all liabilities and obligations of Customer incurred in connection with the Equipment and any other liability of Customer to Holt whether now existing or hereafter arising and ell renewels,extensions and rearangements of such li bilifiee.Holt is authorized
to file such financing statements and any amendments thereto as Holt may deem necessary or advisable in connection with the Equipment It the Customer shell default in the payment or performance of any obligation or liability seared hereby,Holt may exercise any rights and remedies granted
by the Texas version of the Uniform Commercial Cade or by this Agreement.
25.Notice is hereby given to Customer that Holt may assign its equipment sale and for purchase rights under this Rental Purchase Option Agreement to HLKE,Inc.Holt and Customer agree that,in the avant that Customer shall exercise the options granted herein to purchase the Equipment,and
shall purchase the Equipment,the date of transfer of ownership of the Equipment to Customer and the dale on which risk of Ions with respect to the Equipment passes to the Customer shell be the date of Holt's sales invoice to Customer.
26.DISCLAIMER OF WARRANTIES AND WAIVER OF CLAIMS:HOLT IS NOT A MANUFACTURER OF THE EQUIPMENT.OTHER THAN ANY WARRANTY PROVIDED BY HOLT SET FORTH IN AN EXPRESS,WRITTEN WARRANTY ATTACHED TO THIS AGREEMENT,HOLT,BY VIRTUE
OF HAVING RENTED THE EQUIPMENT UNDER THIS AGREEMENT,HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,AS TO TITLE,CONDITION,COMPLIANCE WITH cocnnrATION OR REGUIL T ONS QUTAL',?v
DURABILITY,SUITABILITY,MERCHANTABILITY,FITNESS FOR USE,OR FITNESS FOR A PARTICULAR PURPOSE,OR ANY OTHER WARRANTY WHATSOEVER,EXPRESS OR IMPLIED,WITH RESPECT TO THE EQUIPMENTAND THE F91nour:uTore—
IS',WHERE IS AND SUBJECT TO ALL FAULTS.HOLT IS NOT LIABLE FOR ANY DAMAGES(WHETHER ORDINARY,SPECIAL OR PUNITIVE)CAUSED BY ANY FAILURE OF THE EQUIPMENT TO OPERATE OR THE FAULTY ERATION OF THE EE P N 7 7 LE
FOR ANY DAMAGES OR LOSSES(WHETHER ORDINARY,SPECIAL OR PUNITIVE)RESULTING FROM THE INSTALLATION,OPERATION,OR USE OF THE EQUIPMENT.
1
Austin•Corpus Christi• Dallas• Fort Worth • Irving•Laredo • Longview•San Antonio•Nash •
Tyler•Victoria •Waco•Weslaco
BUYBOARD QUOTE
08/28/2007
City of Fort Worth #G11140147
Mr. Rodney Smithey
Storm Water Operations Superintendent
Transportation and Public Works Department
Storm Water Management
4100 Columbus Trail
Fort Worth, Texas 76133
We are pleased to submit the following BuyBoard quotation for your consideration:
(1) CATERPILLAR MODEL CP563E VIBRATORY SOIL COMPACTOR
STANDARD MACHINE
DRUM POWERTRAIN
Padfoot drum CAT 3056E Tier 2 diesel engine with air
84" wide x 61" diameter over pads intake heater (150 HP/112kW, six-cylinder,
Dual amplitude with single vibe frequency turbo-charged)
Front and rear adjustable steel scrapers Dual element air cleaner
Dual, pod-style eccentric weight housings Fuel filter/water separator
ELECTRICAL Two-speed throttle switch
24-volt starting and charging system Dual propel pumps - 1 for drum and 1 for
55-ampere alternator tires
(2) Maintenance free batteries - 750 CCA Dual braking systems (service & parking,
Halogen working lights - canopy mounted drum only)
(2 front-facing and 2 rear-facing) Two-speed hydrostatic transmission
Backup alarm and forward warning horn Limited slip differential
OPERATOR ENVIRONMENT OTHER STANDARD EQUIPMENT
ROPS/FOPS canopy Locking fiberglass engine enclosure with
Four heavy-duty isolation mounts fenders
Platform handrails/guardrails Sealed for life hitch bearing
Power steering Sight Gauges: coolant level, hydraulic tank
Adjustable tilt-steering column level and air restriction indicator
Adjustable, suspension, vinyl seat Hydraulic tank cap lock
3" (76mm) wide retractable seat belt Articulated frame with safety lock
Adjustable, padded wrist rest for propel Transport tie-down and lift points
lever operation 87 gal (330 L) fuel tank capacity
Rear-view mirror Quick connect hydraulic pressure test
Indicator light package with audible ports
warning alarm for: hydraulic oil pressure, SOS ports: engine and hydraulic
hydraulic oil temperature, engine oil Product Link wire - ready
Your Caterpillar dealer from the Red River to the Rio Grande
Call 1-800-275-4658 for the HOLT CAT store nearest you,or visit our website
W W W.HOLTCAT.COM
l
Austin•Corpus Christi•Dallas• Fort Worth • Irving•Laredo•Longview• San Antonio•Nash•
Tyler•Victoria•Waco•Weslaco
pressure, engine coolant temperature, ANTIFREEZE
engine inlet air temperature and alternator Premixed 50% concentration of Extended
charge Life Coolant with freeze protection to
Fuel level gauge -37C (-35F)
Service hour meter
Lockable, vandalism guard for instrument
panel
MACHINE SPECIFICATIONS
Machine ID: HLK008792 Serial: OCNT01582 SMU: 0
Description
CP-563E VIBRATORY COMPACTOR
ENGINE, NORTH AMERICAN MARKET
DRUM, PADFOOT + LEVELING BLADE
CAB, ROPS/FOPS WITH A/C
SEAT, SUSPENSION, CLOTH
CONTROL, SINGLE FREQUENCY
INSTRUCTIONS, ENGLISH
GUARD, TRANSMISSION
TIRES, TRACTION
DOMESTIC TRUCK
INLAND FREIGHT
Factory Price $ 217,725
Less Discount(BuyBoard Discount is 20%) ($47,554)
Plus Net and Non Price List Items $ 12,410
QUOTE TOTAL $ 182,581
WARRANTY
Caterpillar Standard New Machine Warranty - 6 Months/Unlimited Hours
Caterpillar Extended New Machine Coverage - 36 Months/5,000 Hours on Powertrain
and Hydraulic Components. (To run concurrently with Standard New Machine Warranty).
F.O.B./TERMS/AVAILABILITY/VALIDITY
FOB: Customer's yard
Terms: Cash or mutually acceptable terms, or: Rental/Purchase—six months minimum
guaranteed rental @ $4,125 per month. 100% of all paid rentals to apply, less interest
on the declining principal balance at Prime Rate plus 3%, floating monthly.
Your Caterpillar dealer from the Red River to the Rio Grande
Call 1-800-275-4658 for the HOLT CAT store nearest you,or visit our website
WWW.HOLTCAT.COM
113
Austin •Corpus Christi• Dallas• Fort Worth • Irving• Laredo• Longview•San Antonio•Nash •
Tyler• Victoria•Waco•Weslaco
Availability: Available from Stock for 30 days from the date of this quotation. After 30
days from the date of this quotation, the machine will be available subject to prior sale, at
the prices in effect at that time.
Validity: The prices in this quotation are valid for 30 days from the date of this quotation.
Thank you for the opportunity of quoting on your requirements, and we hope we may be
favored with your order.
Sincerely,
Tom Roseberry
Sales Representative
Holt Cat
Mobile No. (972) 974-1912
Your Caterpillar dealer from the Red River to the Rio Grande
Call 1-800-275-4658 for the HOLT CAT store nearest you,or visit our website
WWW.HOLTCAT.COM
ATTEST: C O T W
BY: G �'� BY.
Marty Hendrix Marc Ott
City Secretary Assistant City Manager
APPROVAL RECOMMENDED: CONTRACTOR:
6� G Holt Cat
Contract Page signed by: JK Baxter,
Robert Goode, Director Finance Manager
Department of Transportation& Public Works
BY: av'Q,
Thomas Roseberry
Sales Representative
Thomas.roseberry@holtcat.com
APPROVED ASA FORM 2000 E. Airport Fwy
AND LEGAL Irving, TX 75062
972-721-2821 (Office)
i 972-721-2930(Fax)
Amy Ramsey 972-974-1912 (Cell)
Assistant City Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/5/2007
DATE: Tuesday, June 05, 2007
LOG NAME: 20SWM EQUIPMENT REFERENCE NO.: **P-10588
SUBJECT:
Authorize Purchase of a Wheel Loader, Dozer, Excavator, Soil Compactor, and Track Loader from
Holt CAT through its Texas Local Government Purchasing Cooperative Contract and Authorize
Execution of a Lease Purchase Agreement with Holt, Texas, Ltd., d/b/a Holt CAT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a lease with an option to purchase agreement for equipment from Holt CAT through its Texas
Association of School Boards Buy-Board contract No. 205-04; and
2. Authorize this agreement to begin May 29, 2007, and expire on November 28, 2007, with an option to
renew for an additional 6 month period.
DISCUSSION:
Transportation Public Works/Storm Water Management will use this agreement to lease one Wheel Loader,
one Track Loader, one Excavator, one Dozer, and one Soil Compactor. This equipment will be used to
implement a vegetation management and channel reconstruction program urgently needed to mitigate
channel erosion, improve channel stability and hydraulics, reduce flooding potential and improve the
efficiency of the channels. It is expected that this equipment will initially be leased from May 29, 2007
through November 28, 2007, and is projected to cost approximately $275,000 for this 6 month
period. Lease costs, less accrued interest will be credited toward the purchase price should the City desire
to do so at a later date. During the initial lease period, a recommendation will be developed regarding
purchase or continued lease. Currently the approximate purchase price for this set of equipment is
$1,479,606.
M/WBE - M/ BE goal is not assigned when making a purchase from an approved cooperative or other
public entity.
RENEWAL OPTIONS - This agreement may be renewed at the City's option. An extension would not
require speck city Council approval, provided the City Council has appropriated sufficient funds to satisfy
the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Storm Water Operating Fund.
BQN\\
Logname: 20SWM EQUIPMENT Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PE69 541360 02095W $275,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Origin ting Department Head: Robert Goode (7804)
Additional Information Contact: Joe Komisarz (2662)
Loaname: 20SWM EQUIPMENT PAaP 7 nf�