HomeMy WebLinkAboutResolution - 2008-R0128 - Approve Emergency Purchases To Rebuild Lamson Blower - PO - Pinnacle Industries - 04_10_2008Resolution No. 2008-RO128
April 10, 2008
Item No. 5.23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby ratifies and approves the
emergency purchase of goods and services to rebuild the Water Department's Lamson
Blower and the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Purchase Order Contract and any associated documents with Pinnacle
Industries of Pasadena, Texas, for said work per REQ #30417, which Purchase Order
Contract and any associated documents are attached hereto as Exhibit A and made a part
hereof for all intents and purposes.
Passed by the City Council this 10th day of April , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
R coa Garza, City
APPRO"v'FD AS TO CONTENT:
Thomas Adams '
Deputy City Manager/Director of Water Utilities
APPROVED AS TO FORM:
Don Vandi've A`ftorney of Counsel
DDres.'PinnacleIndustriesPOcunt)8Res
April 3, 2008
TO:
P U R C H A S E 0 R D E R
PINNACLE INDUSTRIES LTD
407 EAGLE STREET
PASADENA TX 77506
Exhibit A
Page - 1
Date - 4/02/08
Order No. - 326986 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
WATER RECLAMATION PLANT
3603 GUAVA AVENUE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAVABLE
O
LUBBOCK. T79457 BY: V
--------------------------------------------------------•--•--------------
Ordered - 03/14/08 Freight FOB Destination Frt Prepaid
Requested - 06/30/08 Taken By ROBIN HOLDER
Delivery PER M GREEN REQ#30417 Emergency Purchase
Description / Supplier Ite
Lamson Blower Rebuild
Model #140700004AD S#930161
Ordered UM Unit Cost
1.000 EA 42,297.0000
UM Extension Req. Dt
EA 42,297.00 06/30/08
THIS PURCHASE ORDER RATIFIES THE EMERGENCY PURCHASE OF PREVIOUSLY ORDERED SERVICES
GOODS. RESOLUTION ## 2008—RO128
CITY OF LUBBOCK ATTEST:
W-`
David A. Miller, Mayor Rebe ca Garza, City Secre ry
To'a Order
Terms NET 30 42,297.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows;
1. SLUA-It TO PACKAGE GOODS. Seller wilt package golds- in accordance with gold
co nmercml practice, rich shipping container hall be clearly .ind pennanerely marked as
frlli�ws tat Seller's nalne and address, ih) C'onsignce's none. address .tied purchase order or
purchase release number and the supply agreement number if applicable, tcl Container nwnber
,Ind anal number of conlamcn. c.g. box 1 44 boxes. And sill the number of the container
hearing the packing slip. Seiler +hill hear east orpnckaging unless otherwise pmv rated. GN.,th
shall be .sumJbly pack ed to secure luwesl nansplriation costs and to csniflrni with
ralwremenrs uY' common comers anel unr applicable +pwcilicauuns. Buycr'; count or weight
.hall be final and contusive on shipments not Accompanied by p ckmg hosts.
2. sIIIP\iL•N'r L^+DLR RESER4 ,\ rior PRORIBI"rf D. Scher is not Julhnrired to •hip the
goods under rescnatkon and no tender of a hill of lading will operate as a icader of godods.
i. TITLE AND RISK Of LOSS. i he title and risk of kl s of the sntds shall nor pass To Haver
until Buyer Actually receives and takes posse+smn of the gnvds at the point or ponds of
delivery.
4. M1tl Rl:PI..\C'T\IEN r i iF DFFFC T14 f. TF %Dl'R. r'very, tender of delivery of goods must
fully comply with all provisioas of this contract as to time of telivery, quality and the like. If a
leader is made which does not fully cnnfmn, this shall constitute a breach and !feller shall rant
have the right as- substitute a Confnnning leader, providleti. where the titre for perIonnance has
nor yet expired. the Seiler may reasonably noldy Buyer or hi. intention to cum and may then
nuke a cdmfiwming realer within Hie cattract dine but for aticnvaril.
5. INVOICES & PAYMENTS.
a. Seller shall submit separate invoices, in duplicate. one each purchase order or purchase
release afier each delivery. Invoices shall indicate site purchase order tw purchase release
nanber and the supply agreement number it applicable. invoices shall be itent sad and
rauportation charges, dany, shall be listed separately. A copy ofthe hill of lading. and the
frctght waybill when applicable, should be artachcd to the invoice. ,Mail fo: Accounts
Payable, City of Lubhock. P. 0. Box 21k)0. L tibback, Tcxms 79457. Payment shall not be due
until the abtwc in,triamenl9 are submitted after delivery.
6. GRATUITIES. The Buyer Iniy, by written malice to the Seller. cancel this contract without
liability to Seller if it Is cletetinined by nuyer Iflat gratuities, in the form of enterlainndent, gifs
or otherwise, wereoffered or given by the Seller, or any agent or representative of the Scher.
to any offic r ow employee of the Cily of Lubhmck with a view to securing a contract or
securing lavurable Insritinenl with respect to the awarding or Amending, or the making crafty
detenninatdots with respect to the perkenning 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
righd and nmalies, to recover or withhtokl the amount of she cost incurred by Seller in
providing guch graluttin.
7. SPLC'IALTOOLS 4a'TEST EQUIPMENT, Ifilm price imsedonthe Ewe hereof includes the
costs of anry special tooling or jecetal test es uiprnent fabricated or required by Sellcr fin the
purpose of filling this onler.:wch special lading equipment and aiy process shows related
thereto shall become the prolerty, of the Buyer and to the extent feasible .shall be identified by
the Seller as such.
8, WARRANIFY-PRICE,
a. The price to he paid by the Buyer shall he that contained in Seller's bid which Seller
warrants it, be no higher than Sethi s current process ,u orders by others for products of the
kind and opecificaliun aoieercd by Ibis agreenncnl for ,ninilar quantities under similar of like
c,adntions ,rod methods of purchase. In the event tielfer hie aches this w,lfranty, the price, of
she items shall be reduced to The Seller's current prices ran orders by others, or to the
ahemative. [iuyer may cancel this curemef w hhuui liability to Set ler row breach or Seller's
actual expense.
b. Code tieRer warrants that no person or selling agency has been cinphoyed or retained to
solicit or secure this contract upon, an agretmcnt or understanding for commission• percentage,
brokerage. or contingent fee excepting txnna tide employees of hxona fide established
cdnn111CF0Jl or ,ailing agencies maintained by the Seller liar the purpose ofsacuring business.
1 or breach of vwiation of this dvarranly the Buyer :.hall have the right in Ad dilion to any usher
right,elf rights to lancel this coup act w ahout liability and it) dnluct front the contract price, or
otherwise receiver w ahoul liability And to deduct from the contract price, Ica olherw0% rtcover
the full ,amount of such cmmmi:sion, percentage. brokerage i r contingent lee.
`i. %v.\RR.\\ 11,-PR1Hyt't'r. tinter hall out Iunit orexaudc any umplie,t wa .mlies .tied any
aneonpi Io do all .hall realer the. :Ontract voukible at Ifhe opnoti of the Buyer. Seller warrants
that the !is,& fumtlied will on l;irin to the ,pc6riicafion, drawings, and dcxriptiuns listed in
the hid invaanun, end To the ,annplel,i furnished by The Seller, ifany. In The even of a conflict
or hersvicerl the .penlidatumi. ,kawi np. aid de criiionti. the to cifications -hall prson.
%olwahatanding any prowi,iowe, auuoinx,l in the unnrac[ual Jgrcemelt, the Seller represents
.mil A. rraia, fault -free pert onnauce.1nd late t4ty to oil in the prrcc, .iup date and dilc related
iiaia including, but fill lunitcd nl :alculanng.:o mparing and equeneug) „fall hardwnfe.
dtwarc Ind I;rnrw,re pre -6:1 •k•Iner-d "Ind erv,ce+ pr-aled under this: C', nlrtct.
,titles Idualdv , r in :,tiahmJnon..is rhe+a.,e may be from she clfecine date of ihi, (, earxt-
'diU,,rte"CiiCr,dar's"t, tic .,,_.IHi ,.,,,.ulPubnn n;i .'1^^� i, rui:•d A-1 h.+„eon, ti.itr,i
+v ill out III ,uiy iv,n rc.•uit in h okwAre.., liw.ire ,r finim,m- fjioire. I fie 11n I.it
,ti -oe , •peon. inn r•quiw the timer at itix ante. he dcinl,tu.nate ehe procedure% it drhnd, it,
f othm in order o Lonlply with all rhe•,bhkatoms omlained herein" ITie oWieArn;ns contained
Herein apply to product, .ind ermtees provided by The Seller, its Qb-Seller d r Any third I:Jrtv
ua r, lied at The creation or dcvopmcnt of the pnliluclN and erriccs to be ileliven:d to the L ity
oil 1.ahbock under thii Contract. I Allure to Anmply with any of the ohlt:atiais contained
heroin. may re felt at the Cdy off ublxrck JVJillllg It Af 0fally of us aphis ,Inver the IJw And
raider this Gnilract mcludiap, hul not rained fo, as r;dni pertaining Id, h•nnmahoti ir4tauh.
I Tic warr.mte, cintained her,•iii are opAraic .Ind di•crete fruit arty ,ether w,ursnnes , pecilied
it, ht,C,altrJer,.ntd,re nut+ulisccl fit any di-banerofwarraitty. anplied
htmlatnm of ibe seller', liability which imy he-pecdred in this Cornrici. if, Apsendice:. Ili
,.liodulcs, Its ,amic,te, is Any dkh:uninit nleorpunftcd in {his L V111TAC1 by reference.
10, S.1F FTY W ARPUNT1'. Seller warrants That the product sold to the Buyer Ault conform to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety
And Health Act of 070. In the event the product does not conform to OSHA standards. Buy of
may return the pnduct forcormcnem or replacement Lit the Seller's expense. In the event
Seiler fails to make the appropriate eoreectlon w ilhin a real nablie one, co1UN011 n made by
Buyer will be it the Seller's expense.
11. \O 1VARR.\NrY Bl' BL 1'FR AG.\[NST INFRI?%CF.]ii-\'I'S_ As part nfthis contract for
sale Seller agrees to axeriain whether goods inannd'actured in accordance with the
specifications attached cashes agreement will give rise to the ngltful claim of anv third persul
by way of iarnngement of the like. Buyer imakcs no warranty Ihit the production of golds
uccorting to the specification will nut gid a nse to such a claim. and in ito e`en shall Buyer be
liable to Seller our indemnification in the event that Seiler is suet) on the grounds of
mfringcmem ol'thr like. If Seller is of the opinion that an infnnµtttenl or the like will result.
Ire will notify the Buyer In this elFect in writing within two wccks .rfir the Ag ning ofthis
igmcnnent. if Buyer dotes not receive notice and is subsequently held liable for the
mfringernent or the like. Srdler will save nuyer harness. if Sellcr in god faith ascertains the
production of the gto ds in accordance with die specifications will result an nfiiagetn ciat or dw
dike, the contract ahill he null and void.
12. RIGITT OF iNSPFC'T10N. Buyer shall have the right 4o inspect the goods at delivery before
accepting them.
11 CANCELLATION. TION. Ruyershall have the right to cancel for default all or any part of she
utndelil ered pf!rticn of this <:rder if seller here h in) .d'!he te— lu,r,n)f mi-ludiny w.ITnrres
of Seller or if the Seller beeoilnes insolvent or commits acts of hinknrptcy. Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may have in
law or oquity.
14, 'ri RNIiMTION. The performance of work under this order inay be terminated in whole. or in
part by the Buyer in accordance with this provision, 'rennination of work hemund r shall be
OTecnal by [he delivery of the Seller of a'-Noiic, of T crnination" •peci4ing the extant to
Which performance of wowk under the order is terminated and the date upon which such
temtination becomes etfective. Such right or fortification is in. addition to and not in lieu of the
rights of Buyer set firth in C'lausc 13. hcrcin.
15. FARCE MAJEURE. Neither partyshall be held responsible fox losses. 2wutting if the
fulfillment of any terms of provisions of this contract is delayed or prevented by any cause mac
within the control of the party, whose performance is interfered with, aid which by the exercise
orreasouble diligence said party is unable to prevvnl.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract alien be nsgigned or
delegation of any obligation tnmde by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller .ihall be wholly void and totally ineffective for all
purpose miless made in conformity with the, paragraph.
17. WAIVER. No claim or right arising out ofa breach of this contract can one discharged in whole
or in part by a waiver or renunciation of the claim mr right unless the waiver cx nlrnumc lotion is
supported by consideration and is in writing.signed by tiic aggrievnl party.
IS. INTERPRETATION -PAROLE EVIDENCE. This writing. plus any spccifrcatinns fix bids and
performance provided by Buyer in its advertisement for bids, and any other dlexuaents
provided by Sellcr a s pan of his bid 6 uucnded by the parties si a final expression or their
grucinen i old intended also as a cdmptete and exclusive .lateltneni ofihc terror of their
agreement. Whenever a sennr,Jcfsecd by the it nsF.enn Commercial Code is used rat thii
agrecou-tlt, the definition contained in the Cole is to control.
11). . UPI. ICABLL L.\W. 111is agreement shall be governed by the L,nrtonn Commercial ('ode.
Where ever the Term •'L inform Commercial Code" is used it shalt he conarucd as awaiting the
L niforrn Commercial Code is adopted in the State of Texas as effective and an force to the
date of this agreement.
_0. NIGHT FO ASSI. RA'SCE W henever one party to this contracl in good faith Inns reason to
question the other party's intent to perfimn he may demand that the other party give written
as.,urartce of he. intent to perfierm. In The event that a demand is made soul no assurance is
given within live f 5) days. the demanding parry rimy treat this l'iiIore is in anticipatory
repudiation of the crooned
I - iNDF.mmi r('.\ f10V. seller. ball indemnify. keep .end -.tse harrei ilk- nuyer. its agLnes,
olTiciads and elniployen. against all injuries• deaths. loss• d ainagn. claims, rent Adams, ,uils•
hobdilies. judgments, coots and expenses, which may In inyWI'W aexrue against the Buyer in
consequence ofthe;ramling of lhns Contract it which may anywise re,ult Ihomfrnn. whether
or not it .hall be alleged ter determined that the act was ju,ed rhritu n or_Iig exec or,1011—lit.n
of the Seller or as emphw, "e, or of fhe ..uh5edler or isstwree or is empkryees. if ,nay- and the
Seller ,hall• at his own expen w, .ippear, defend and pay all charges , d'Alturney, and all a: - Is
ansl olhcr estx•nsu; an:.mg therefnnn ,f incurred III _,gijwojoo therewith..vld„ il'aur ohl7nleml
hall he remkerA acaan.t Iltr Buyer in Any •u.h 3etnn, the Seller hall. it it own expense..
arnfv .Ind dnsdharge the ate S, Iler axpres,ly and ers aimL, and.V ci dot .nn h, ad r:qutred
n` till'. An"l1Gf. Its�Iftem"e p,r<uucd ray 16icl. i,,rii,I,,',a d.e1 nlai.irt',• I',. ,.
wdeniniN, keep,ind adc hannle , .ond delerd the liuy,:r.i, herein Jiro d ded.
i i\II . It is berets c%pce Iv v cd and umkx,tood chat inure I. . f tho a 'tale f r INC
p,rf,nn.mce arthts,:,eniracl, .rand f;ulure by context to ulcer the rwie .peciliLalh'II, •,fills
A4m rcecnr will cJuae Soler rn be in default of Ihn .tp7ecment.
_ 1. o.311E. I he Citytrf l.uhbock hereby nealifcs All hilkken That in r ew'rd to .my cxnmract .entered
Into punu m1 ht this r'.tuc_l, minority And women husmess cntarpn•�!s will he aff erded equal
^.ppdrtunnties To uburit hails in resplin3e Tn this imiration.ad will not he di,crimtnated Agann.,l
,,it the ,mounds office, „tor. ex or nituril ,Agin m enn,aderatian lir an award -
Rev. 08/2005
Page 1 of 2
REQUEST FOR EXEMPTION FROM LOCAL GOVT CODE 252
(For Expenditures Over $3, 000)
Name of Director Submitting Request: Aulmeryl Spear
Division: Water Utilities Department. Water Reclamation
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.
Repairs for a Lamson Centrifugal 1400 ,series blower on Plant 4 at the Southeast Water Reclamation Plant. We
have three of these type blowers and have two running 24 hours a day and one for a back-up. These blowers are
critical part of the treating of wastewater. They maintain the D.O. level in the aeration basins to stay in compliance
with TCEQ permit requirements. It is necessary to have two operating at all time to have full treatment. They are
operated by the Operations Section.
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.)
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 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 up 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 fora 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 signif cant 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;
(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,•
PUR-010 (Rev 6/02)
CITY OF LUBBOCK
Emergency Purchase Explanation
Justification for Emergency Acquisition
This form must be completed for emergency acquisition of goods and services, such that the public
health, welfare, or safety will be vitally affected and the City's usual acquisition procedures cannot be
followed without causing financial or operational damage to the City. If more space is needed, please
attach additional page(s). An emergency exists when there is an actual or potential disruption related to an
essential service or other circumstances when supplies or services are needed for immediate use in work
that may vitally affect the public health, welfare, or safety.
Emergency purchase order/contract number assigned: on (date)
Purchase order/contrast number assigned by: (name & title)
Material Or Services Purchased (general description):
Repairs for a Lamson Centrifugal 1400 series blower on Plant 4 at the Southeast Water Reclamation Plant
Nature And Cause Of Emergency Affecting Safety, Health Or Welfare Of The Public. State the
reason for the emergency acquisition by explaining what the emergency is and/or what caused the
emergency situation. Be concise but describe the emergency completely:
These blowers are critical part of the treating of wastewater. They maintain the D.Q. level in the aeration basins to stay in
compliance with TCEQ permit discharge requirements. It is necessary to have two operating at all time to have full
treatment.
Public Health, Welfare, or Safety and Financial/Operation Damage to City. State the public health,
welfare, or safety that may be vitally affected and the financial or operational damage that will occur if
needs are not satisfied immediately (do not merely state that a loss or damage will occur):
This pump is needed to ensure that TCEQ permit requirements and discharge effluent permit limits are met
■ e e i u i ni..^�� r... wwr��i +n�u i
Reason for Failure to Anticipate Need. State the reason(s) why the needs for the acquisition were not or
could not be anticipated, so that the items could have been acquired through the City's usual procedures:)
The lamsom blowers are being used on a daily basis 24 hours a day. The nature of the solids in the treatment determine
how much blower capacity is needed and makes it hard to determine status of the blower.
Vendor name: Pinnacle Industries
Note: If repair work by contract using FEMA funds, 1) document that contract IS NOT with contractor listed on the List of
Parties Excluded kgM Faietal Procurement or Non -Procurement PrograiY;3, published monthly by the U.S. General Services
Administration, 2) CANNOT enter into a contract that is contingent upon receiving FEMA funds; and 3) keep in mind FEMA
does not fund "Cost Plus" (percentage of cost) contracts.
TOTAL ACTUAL COST OF EMERGENCY PURCHASE: $20,000
ACCOUNT NUMBER 91042.9242.30000
PREPARED BY- (NAME): -Michael Qnetn
DEPARTMENT/DIVISION: Water Utilities Water Reclamation
DATE PREPARED: 03/13/08
ATTACH INVOICE AND ANY OTHER SUPPORTING DOCUMENTATION AND FORWARD
TO PURCHASING DEPARTMENT FOP VIEW AND APPROVAL.
��/6ab
r'
APPROVED BY PURCHASING: DATE:
PUR-075 (Rev 12104)
Page 2 of 2
(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.
1. Factual justification for request (Give a brief summary why this request falls within one or more of the exceptions
circled in paragraph 2 above,):
These blowers are critical part of the treating of wastewater. They maintain the D.O. level in the aeration basins
to stay in compliance with TCEQ Wastewater Discharge permit Iimits. It is necessary to have two operating at all
time to have full treatment and meet permit.
REQUISTION : 30417 REQISMON AMOUNT: $
Approval must be obtained from the Fleet Services Manager when the purchase includes rolling stock (e.g., autos, trucks, off -
road equipment, farm equipment, trailers, utility/service bodies, etc.).
Signature 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
REC01104 LADED AND SUBMTTTED BY:
Signature of Director Date
AND AUTHORIZED BY:
of
Date
PUR-010 (Rev 2/05)