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HomeMy WebLinkAboutResolution - 2012-R0217 - PO - Lubbock Electric Company - Emergency Purchase Of 500 Hp Induction Motor - 05_30_2012Resolution No. 2012—RO217 May 30, 2012 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the acts of the Mayor of the City of Lubbock and the City Manager in executing, on behalf of the City of Lubbock, a Purchase Order for the purchase of 500 HP Induction Motor as per Purchase Order No. 22101535 due to an emergency, by and ,between the City of Lubbock and Lubbock Electric Company, and related documents are ,hereby ratified in full. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on TTEST: Rebe4a Garza, City S PPROVED AS TO CONTENT: 11 iA0ALL, �004 M sha Reed, P.E., Chief`OperatiA Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney undo m Fie $lgnatum of Public 0"jcWg Act, CK 618, Tx Gov't Code ecdocs/RES.Lubbock Electric Co-PurchaseOrd Ratification y 16, 2012 city of Lubbock TEXAS TO: PURCHASE ORDER LUBBOCK ELECTRIC COMPANY 1108 34TH STREET LUBBOCK Texas 79411 2731 INVOICE TO: CITY OF LUBBOCK ACCOUNfSPAYABLE P.O. BOX 2000 LUBBOCK, TX 7%57 Ordered 04/24/2012 Freight Requested 05/25/2012 Taken By Delivery PER MCDOLE C REQ 39582 Page - 1 Date - 04/26/2012 Order Number 22101535 000 OP Branch/Plant 6343 SHIP TO: CITY OF LUBBOCK WATER TREATMENT PLANT ATTN OL PLYMELL 6001 NORTH GUAVA AVENUE LUBBOCK Texas 79403 BY EMERGENCY PURCHASE Description/Supplier Item Ordered 500 HP Induction Motor 1,000 Motor Base 1.000 Installation and Alignment 1.000 Motor Drive Coupling 1.000 Freight 1.000 Terms NET 10 EOM D GAMBOA Unit Cost _UM Extension _ Request Date 24,650,0000 EA 24,650.00 05/25/2012 6,900.0000 EA 6,900.00 05/25/2012 6,000.0000 EA 6,000.00 05/25/2012 1,300.0000 EA 1,300.00 05/25/2012 1,250.0000 EA 1,250.00 05/25/2012 Total Order 40,100.00 INSURANCE CERTIFICATE REQUIRED: Commercial General Liability, per occurrence- $1,090,000 Employer's Liability and/or Occupational Medical and Disability Automotive Liability -Any Auto $1,000.000 1 and Worker's Compensation, Statutory Amounts-$500,000 City of Lubbock is named as primary additional insured on a primary and contributory basis on Auto/General Liability, to include tsroducts of completed operations endorsement, and with a Waiver of subrogation in favor of the City of Lubbock on all coverage. This purchase order ratifies an emergency purchase in the amount of $40,100.00 is awarded to Lubbock Electric Company. The following is incorporated into and mad art of this chi order on May 30, 2012 by reference: Price quotation dated April 18, 2012 from Lubbock Electric Company, 0FR9q)uti 201.2—R0217 CITY OF L ATTEST: Rebec Garza, City Secretary llnitmt Fes® $kWU "of PtAAC rtirt8a Ch. 61 Ty G,ov't Code TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITiONS CITY OF LUBBMK, TEXAS Seller and Buyer agree ills follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each .hipping container .hall be clearly and permanently marked m follows (a) Seller's name and address. bb) Cansignee'c wme. address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of contaien, e.g. box I of 4 boxes, and (d) the number of the container hearing the packing slip. Seller shall bear cost ofpackaging unless otherwise provided Goods ,hail be suitably packed to secure lower transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shalt be final vW co mclasive on vhipmenn na accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorised to sbip the goods under reservation and no tender of a bill of lading will operate as a tenderof goods. 3. TTTLE 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 ail provhsbns of this contract at to time of delhery. quality and the like. If a tender is made which does tad fully conform, this :hall constitute a breach and Sella shall not have the right to subuituse a conforming tender. provided where the time rot performance has not yet expired the Seller may reasonably notify Buyer of his intention to cute and may then make a conforming tender within the contract time but not afterward. 3. INVOICES & PAYMENTS. a Seller shall submit separate invoices, In duplicate. one each purchase order or purchase release alter each delivery. Invoices shag indk ase the purchase order or purchase release number add the supply agteemnemt 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 fteight waybill when applicable, should he attached to the invoice. Mail To: Accounts Payable, City of Lubbock. P. O. Box 2000, Lubbock. Texas 79457. Payment shalt not ie due until the above Instruments are submitted after delivery. 6. GRATUff16S. 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 farts of entertainment gifts or otherwise. were offered at given by the Seller. or any agent or representative of the Sella. to any officer or employer of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarfing 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 ptusuatst to this provision, Buyer %hail be untitled. in addition to any other rights and remedes, to recover or withhold the amount of the cost incurred by Seller In providing such grawitks. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stared 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'a bid which Seller wan-jou to be no blow 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 corhditiam and methoeh of purchase. In the event Seiler 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 Sella for breach or Seller's actual expense. b. The Sella warrants that no penpn or selling ageocy has been employed or retained to %olicit or secure this contract upon an agreement or understanding for commission. percentage. brokerage, or conthngrn tee excepting trans fide employees of bons fide established commercial or selling agencies maintained by the Sella for the purpose of souring business. For breach of vitiation of this warranty the Buyershag have the right In alltkm to any other right of rights to cancel this contact without liability and to deduct from the contract price, at otherwise recover witbau liability and to deduct from the contract prim, or otherwix recover the full amount of such commission, percentage, brokerage or cantlrhgent Poe. 9. WARRANTY -PRODUCT. Seller sbali not limit or exclude any implied warranties and any attempt in do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification. drawings, and description listed In the bid invitation, add to the %wnple(s) furnished by the Seller, if any. In the evem of a conflict at between the specifications. drawings, add descriptions, the .specifications shall govern. Notwithstanding any provisions contained in the codtractu d agreement. the Sella represents and warrants fault -free performance and fault -her result in the processing date and date related dam (including, but not limited to calculating, competing and sequencing) of all hardware, software and firmware protium delivered add services provided tinder this contram individually or in combination. as the can may be from the cllbctive due of this Contract The obligariem contained Mein apply to products and services provided by the Seller, 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 obligation contained lherei4 stay result in the City of Lubbock availing itself of any of its rights under the law and udder this Contract including, but tam limited err, Its right pertaining to termination or default The warranties contained herein as separate and ddscreie from any odor warranties specified In mhh Contract, and ate not subject to any disclaimer of wasnum. implied or expressed or limitation of rho Seler's liability which may be specified in this Contract, its appendices, its ichedulm In annexes or any document incorporased in this Contract by refereece. 10. SAFTTY WARRANTY. Sella warrants that the product sold to die Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupatioal Sakry 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. is the e%cnl Seller fails to snake the appropriate correction within a reasonable dmm, correction dude by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS, As pun of this contract for Ask Seller agrees to aw aim whether goods manufactured In accords= with the specifcatiowh aerxhned to this agree will give rise to the rioft claim of any third Mum by way of infringement of the like. Buyer makes no warranty char the production of goods according to the .pecificmion will not give rise to such a claim. and in too event .hall 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 We 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 add is subsequently held liable rot the infringement or the like. Seller will save Buyer harmkse. If Seller in goad faith ascertaiar the production of the goods in accordance with the specifications will result in infringement or the Ile, the contract shall be aull and void 12. RIGHT OF INSPECITON. 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 pan of the undelivered portion of this cider if Sclier breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or cummi% 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 ht 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 udder rise order is terminated and the dale 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 fulfdirent of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the patty whose performance is interfered with, and which by the exercise of reasonable diligence said parry 6 unable to prevent 16, ASSIGNMENT -DELEGATION. No right or lots" in thud contract %hall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer, Any attempted aniger or dekpdm by Seiler shall be wholly void and totally ine(hcdve for all purpose unless made in conformity with this paragraph. 17. WAIVER Naclaien or right arising out of a breach of this contract cam be discharged in whole or in pan by a waiver or renunciation of the claim aright aukre the walvrr or tenunciatmn is supported by consideration and is in writing signed by the aggrieved party. 19, INTERPRETATION- PAROLE EVIDENCE. This writhng, plus any specification for bids and performance provided by Buyer in its advertisement for bids. and any odset 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 dented by the Uniform Commercial Code is used in this agreement, the defidldom contained in the Code is to control. 19. APPLJCABLE LAW. This agteemem 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 of mdve and in (race 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 party's intent to perfor he may demand that the other party give written assurance of his item to perform. In the event dud a demand is made mad no assurance is given withla five (5) days, the demanding patty may treat chili failure n an anticipatory repudiation of the contract 21. INDEMNIFTCATLON. Seller shall indemnify, )seep add save harmers the Buyer, its agents, officiaha and employees, against all injurim deaths. lose, damages. claims, paten claims, suits. liabtkes, judgments, costs and expenses, which way in anywise accrue against the Buyer in connsegwn a of the gaming of W.- Contract or which mhay anywise result tlnrefrom, whether of not It shall be alleged or de -ermined that the act was caused through negligence or omission of the Seller or its employees, or of the subSelkr at assignee at its empbyams, if any, and the Seller shall. a his own expense, appear, defend and pay ail charges of atrmrneys and all cans and other expenses arising thmilrom of incurred In connection therewith, and, if any jot(8menI dsa l be tendered against the Buyer in any such action. the Seller sheet, at ks own expenses. sattsljr and discharge the same Seller expressly understands. and agrees that any bard required by this contract, or otherwise provided by Seller, shall In no way limb the rexponiibility to iodentaiiy, keep and save barndess add defend the Buyer as herein provided. 22. TIME. It ie hereby expressly agreed and understood that Ilrle Is of the esxenee for the performance of this contract and failure by contract to urea the time specif catioaa of this agreement will cause Seller to be in default of this agreement 23, MM The City of Lubbock hereby notifies all bidden that m regard to arty contract entered into pursuant to this request, minority and women business oats iwes will be afforded equal opportunities to submit bids in response to this invitation and will no be discriminated against on the grounds of race. color, sex or natural origin 1n cauideratim for an award. 24_ NON -ARBITRATION. The City m4erves ft right to exercise any right or remedy available to it by law, contact, equity, at otherwise, including without limitation. die right to seek any and all form of relief In a carat o(eompeent jurisdiction. Further. the City shall not be subject to any arbitration process prior to exercising its ustrestthcted right to seek judicial remedy. The remedies set lath herein ate cumulative and nos exclusive, add may be exercised concurrently. To the extent of any tomAkt'Eeraern this provision and another provision his. or related to, this docuuma n. this Provision shall Conoab. 25. RIGHT TO AUDrr. At any date during the Items of the contract or d6mrafler, the r ily. it a duly authorized audh-nvToentative of the City or the State of Texas, at its expemr and act reasonable titers, reserves the right to audit Contractues records add books reev.uu to .dl seta ices provided to the City under this Contract. la the event %uch an audit by the ('in n rats any errors or merpaymhemts by the City. Contractor shall refund dhe Pity the full amdHtm of such overpayments within thirty (30) days of such audit findings. or she City. at as ,yni,�n. reserves the rift to deduct such amounts owing the City fhvm airy pay rums due Cohurachr- Rev. 02l2012