ORDER NO.c7478 AWARD HID FOR 5-YEAR LEASE OF WHEEL LOADER RORD 8 HRIDGE On this the c5+,h day of t~tarch c00c, upon motion made try Commissioner Williams, seconded 6y Commissioner Haidwin, the Court unanimously approved by a vote of 4-fD-0, ~:o award the bid for a five-year lease fur wheel loader to the Halt Eyi_ripment Company, ai_rthori~ e Coi_rnty J~_rdge to sign the necessary contract,, and a~.~thorize a hand check in the amount of ~1, 1'EE.O~ payable to the or'der' of Caterpillar Financial Services for• the first month's lease on the eq~.~iprtient. COMMISSIONERS' COURT AGENDA REQUEST .~ PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston, P.E. MEETING DATE: March 25.2002 OFFICE: Road & Bridge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider: I) awazding Bid for 5 yr cease of Wheel Loader 2) allowing the Jud eg to sign contract for same, and 3 issuing a hand check for first payment. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E. ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduted for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. KERR COUNTY ROAD & BRIDGE MEMO DATE: MARCH 18, 2002 TO: COMMISSIONERS COURT FROM: LEONARD ODOM, JR RE: AWARDING BID FOR 5 YR LEASE OF LOADER Holt was low bid with a CAT 924 GZ Total bid of 567,745.00 with a $7,232.00 buy back at the ead of 5 yrs. 1. We ask that the Court award the bid to Holt, 2. Give the Judge permission to sign the contract, and 3. Issue a hand check for the first payment in the amount of 51,126.50 to Caterpillar Financial Services Corporation. 1 ~~ D SPECIFICATION # 0035-02 PAGE 7 2/13/02 Bid Form for Lease of WHEEL LOADER BID DATE: March 8, 2002 @ 5:00 p.m. Do not include Federal Tar ar State Sales Tax. The rsecessary exemption certificates will be issued upon request. ITEM DESCRIPTION I. ONE (1) NEW CURRENT WHEEL LOADER Manufacturer and Model No: ' a? Warranty: / Y i2 Ti'> (~- I ~l /4r Time Needed for Delivery: I v~/7! _ A-t2D 2. Five (5) year Lease (60 months @ $ 1 a Imo) 3. GUARANTEED REPAIR EXPENSE (from delivery to 5 years or 7,500 hours whichever comes first)-- SHALL NOT EXCEED ,..,. 4. TOTAL COST BID (Add Item 2, and Item 3) 7 z ~° $ ~~ S °= BIDDER MUST SUBMIT A COPY OF THE LEASE AGREEMENT WITH THIS BID FORM I certify that the above WHEEL LOADER to be delivered under this bid will meet or exceed all of the minimum specifications and conditions set forth by the County of Kerr. DATED THIS ~ DAY OF 2002. (seal if Corporation) Bidding Firm: ~~ ~i~ Address: -D• %.4n/ .~n/1T3NI,~l, X~~ 7 .X ~ ~D HOLT -a7 X002 KERR COUNTY ROAD & BRIDGE 4010 SAN ANTONIO HWY KERRVILLE,TX 78028 TO WHOM IT MAY CONCERN IF AFTER 60~N PAYMENT KERR COUNTY ELECTS , HOLT COMPANY OF TEXAS WILL PAY OFF CATERPILLAR FINANCIAL SERVICES 924GZ LEASE IN THE AMOUNT OF $38,768 00 AND TAKE POSSESSION OF MACHINE .HOLT'S REPURCHASE AGREEMENT IS $46,000 00 THEREFORE A CHECK W THE AMOUNT OF $7,232.00 WILL BE ISSUED AS DIRECTED TO KERR COUNTY PAYOFF ASSUMES NO PENALITIES OR LATE CHARGES SINCERELY , ~j~ `lam ~'i t ~GC~ ~c ~ KEN POWELL HOLT CO OF TEXAS MACHINE SALES REPRESENTATIVE (210)648-1111 MOLT COMPANY OF TEXAS P.O. BOX 207916 SAN ANTONIO, TEXAS 78220-7916 (210) 648.1111 FAX (210) 648-0079 SPECIFICATION #0035-02 PAGE 7 2/13/02 Bid Form for Lease of WHEEL LOADER BID DATE: March 8, 2002 @ 5:00 p.m Do not include Federal Tax or State Sales Tox. The necessary exemption cert~cates wilt be issued upon request. ITEM DESCRIPTION 1. ONE (1) NEW CURRENT WHEEL LOADER 2. 3. -- 4. Manufacturer and Model No: Korv~~-5J - u~~A 1$0- 3r~1~- Warranty: (,0 mo.~J~s ~ Spoo Ha:t's 6~~11 n1ec~'v~e v~"~e~ i.~c1~~~9 of 1 s~~•~~les Time Needed fo hDr ee ~: (oo -tb °o D2ys Five (5) year Lease (60 months @ $ I2Lc 1. 4 S /mo) $ rl S ~ Lo 8 rl ~ GUARANTEED REPAIR EXPENSE (from delivery to 5 years or 7,500 hows whichever comes first)--- SHALL NOT EXCEED 5~0 oa TOTAL COST BID (Add Item 2, and Item 3) BIDDER MUST SUBMIT A COPY OF THE LEASE AGREEMENT WITH THIS BID FORM I certify that the above WHEEL LOADER to be delivered under this bid will meet or exceed all of the minimum specifications and conditions set forth by the County of ICetr. DATED THIS '7~' DAY OF Ma~o~ , 2002. Bidding Firm: wPJKtsI'1a - ~rC2 =~dJS-k'KS znc. Address: 3nN 0 S. G• Loop y t o l ~1 ~f-1 orl i o "7X t7 Q ZZZ Telephone: Zlo $- W4 or 80o goo-3(cy(o (Seal if Corporation) By: Title: S~leS !~-e~~5e~t-'a-ktV 2 SPECIFICATION # 0035-02 PAGE 7 2!13/02 Bid Form for Lease of WHEEL LOADER B[D DATE: March 8, 2002 @ 5:00 p.m Do not include Federal Tax or State Sales Tax. The necessary exemption cer[ificates will be issued upon request. ITEM DESCRIPTION 1. ONE (I) NEW CURRENT WHEEL LOADER Manufacturer and Model No: New Holland LW-110 Warranty: One (1) Year 12,000 Hours (See Attactment "A" for details) Time Needed for Delivery: 30 - 60 days ARO 2. Five (5) year Lease (60 months @ $ 1, 452.00 /mo) $ 87 ,120.00 3. GUARANTEED REPAIR EXPENSE (from delivery to 5 years or 7,500 hours whichever comes Srst)--- SHALL NOT EXCEED 4. TOTAL COST BID (Add Item 2, and Item 3) $ 3,530.00 $ 90,650.00 BIDDER MUST SUBMIT A COPY OF THE LEASE AGREEMENT WITH THIS BID FORM I certify that the above WHEEL LOADER to be delivered under this bid will meet or exceed all of the minimum specifications and conditions set forth by the County of Kerr. DATED THIS 5th DAY OF ~~ , 2002. Bidding Fitm Anderson Machinery San Antonio, Inc. Address: 9415 N. E. Loop 410 San Antonio, Texas 78219 Telephone: (210) 661-2366 (Seal if Corporation) BY: ~~ Title: C.E.O. Cq.TEFSILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT Dated as of LGSSEE. KERB COUNTY, TEXAS LESSOR: CATERPILLAR FINANCIAL SERVICES CORPORATIOI "A pnlincal agency or subdivmon pl"th>ill:n~Pina~icial ~n~icesCorooration OPINION OF COUNSEL Re: Governmental Lease-Purchase Agreement Dated as of (the "Lease") Between Caterpillar Financial Services Corporation ("Lessor") and KERR COUNTY, TEXAS ("Lessee"). SirMtadam: I ari :m auoi nr, for Les ~. c, and in that capacity I am familiar with the above-referenced transaction, the Lease, and all other documents pertaining to the Lease. Based on my examination of these and such other documents, records and papers and matters of fact and law as I deemed to be relevant and necessary as the basis for my opinion set forth below, upon which opinion Lessor and any subsequent assignee of Lessor's interest may rely, it is my opinion that: 1. Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and laws of the State of Texas and is authorized by such Constitufion and laws to enter into the transaction contemplated by the Lease and to oarr,Y out its obligations thereunder. 2. The Lease and all o(hc,:: dpcum@nts contemplated by the Lease have been duly authorized, executed and delivered by Lessee and constitute valid, legal and binding obligations and agreements of Lessee, enforceable against Lessee m accordance with thew tgmiS. , . .. '. 4 . ~. '1]1te person or persons wHq have executed and delivered the Lease, and all other documents contemplated by the I;ease were authorized to do, so on belialf Uf i~es$ee. ~a a ' '~ 4. Notfu{ther2pproval, }icerise, oonsent, authorization or withholding of objecfions is required from any federal, state -gr local governmental'authorit~ with respect to the entering into or performance by Lessee of the Lease or e ' Schedtlles(s)' and tare transaction's contemplated thereby, and Lessee has sufficient appropriations or other available tq pay all amounts due under the Lease for the current £scal year. - ~ .~., .. IIA 6. The entering into and performance of the Lease and all other documents contemplated by the Lease will not cgnflict with or constitute a breach or violation of any judgment, consent decree, order, law, regulation, bond, indenture or cohtrac`[~ applicable tdLessee or result in~any breach uf, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of Lessee or the units leased under the Lease pursuant to, any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument to which Lessee is a party or by which it or its assets maybe bound. 7. There is no litigation, action, suit or proceeding pending or, to the best of my knowledge, threatened against or affecting Lessee in any court or before any governmental commission, board, agency, arbitrator or authority which, if adversely determined, will Lave an adverse effect on the ability of Lessee to perform its obligations under the Lease. In addition, I am not aware of :iny facts or circumstances which would give rise to any litigation, action, suit or proceeding relating to or potentially ad~~ersely affecting the ability of [he Lessee to perform its obligations under the Lease. ~... a.,..,m, .o.ssm~,. ~, 8. The units leased under the Lease are personal property and, when subject to use by Lessee, will not be or become fixtures under the laws of the State of Texas. 9. The authorization, approval and execution of the Lease, [he Schedule(s) and all other .locuments contemplated by the Lease and all other proceedings of the Lessee related to the uausactions dtereur and contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws, anti all other applicable laws of the State of Texas. lo. The Lessor will have a perfected security interest ut the Units upon filing with the Secretary of Stale for [he Stale of Texas and/or the of at the time of acceptance of die Units of an executed UCC-1 or other fmancing statement. Yours sinter / / ~1s .~/. Name (P Title: Dale: ~ Address: -, . ... .. `1 ~ 7qL- ~z~ • n~+ /, (~// v.~w. «.w~.xa w+m m.w~unw~ mrr Physical Damage Insurance Selection Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum fmancial requirements. As an alternative to ob[aini n~ your own insurance, you may elect to have your equipment insured under a master policy atTaneed by Caterpillar hrsurance Services Corporation that has been designed specifically for the purchasers of Caterpillar equipment and issued to your Caterpillar Dealer and Caterpillar Financial Services Corporation by American Zurich Insurance Company. Model # Equipment Description Value Pymt Method-1 Pymt Method-2 Serial # Including Tax Total Premium Finance Pymt A. 924GZ Caterpillar \Vheel Loader $91,450.[10 $4,389.60 $81.34 6YWW842 A. C. D. Option A Arranged Uy Caterpillar Insurance Services Corporation I elect to insure my equipment under the Caterpillaz master policy. I understand that the total insurance premium for 60 months will be $4,389 6Q, which is $877.92 per year based upon the total equipment value of $91,450.00. Method 1 ^ I will pay the total premium and return it with the signed equipment documents. Please make check payable to Caterpillar Insurance Services Corporation, Attn: Insurance Billing, 2120 West End Avenue, Nashville, TN 37203. Method 2 ^ [will pay the insurance premium, including fmance charges, of $81.34 per scheduled equipment payment. The furance chazge is calculated at 4.40% per annttm on the total insluance premium covering the full term of the fmance agreement. Method 3 ^ [desire coverage for an initial 12 -month term. I will pay the $877.92 premium and return it with the signed equipment documents. Please make check payable to Caterpillar Insurance Services Corporal ion, Attn: Insurance Billing, 2120 Wes[ End Avenue, Nashville, TN 37203. You may terminate this coverage with advance written notice at any time. Company Name: KERB COUNTY, TEXAS By: Print Name: Title: Date:_ Please note: If you ha~~e any questions or need additional details, please contact 1-800-248-4228. Fmn~No CISCMSF.nl01 fkaler Gd ~ ~~ ~ ~~~~r ~ ~i~ ~03~ -~02 Next item is Item Number 5, consider awazding a bid for 16 five-yeaz lease on wheel loader, authorizing County Judge to 17 sign the contract for same, and issuing a hand check far the 18 first payment. 19 COIvIIvi[SSIONER WII,LIAMS: Item 4. 20 JUDGE HENNEI{E: Item 4, okay. 21 MR. JOHNSTON: Holt was the low bid with the 22 Caterpillaz 924-GZ loader, total bid of $67,745, and they 23 have a $7,232 buy-back at the end of five years. We ask the 24 Court to awazd the bid -- to consider awarding the bid to 25 Holt, and give the County Judge permission to sign the 47 1 convact and issue a hand check in the amount of $1,126.50 2 for the first month's payment to Caterpillaz Financial 3 Services Corporation. 4 COMMISSIONER WII.,LIAMS: So moved. 5 COMMISSIONERBALDWIN: Second. 6 JUDGE HENNEKE: Mofion by Commissioner 7 Williams, second by Commissioner Baldwin, that the Court 8 awazd the bid for afive-yeaz lease for wheel loader to the 9 Holt Equipment Company. 10 COMMISSIONER LETZ: Caterpillar -isn't the 11 lease with Caterpillar) 12 JUDGE HENNEKE: The lease is with Holt. Is 13 that correct? It's Holt? 14 MR. JOHNSTON: Yeah, Holt was the bidder. 15 JUDGE HENNEI{E: Holt is the lessee. 16 MR IOHNSTON: But we pay Caterpillaz 17 Financial Services Corporation. 18 JUDGE HEIVNEKE: The moflon is to awazd the 19 bid for the five-year lease of wheel loader to Holt 20 Equipment Company, authorize County Judge to sign the 21 necessary contracts, and authorize a hand check in the 22 amount of $1,126.50 payable to the order of Caterpillaz 23 Financial Services for the first month's lease on the 24 equipment. Everybody got that? My other questions or 25 comments? If not, all in favor, raise your right hand. 48 I (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response) 4 JUDGE HENNEKE: Motion carries. Item Number