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HomeMy WebLinkAboutResolution - 2014-R0180 - Contract - Massey Irrigation - Pivot Replacement - 05_22_2014Resolution No. 2014-RO180 May 22, 2014 Item No. 6.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11789 for center pivot replacement, by and between the City of Lubbock and Massey Irrigation, and related documents. Said Contract 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 May 22, 2014 GLEW. k0gl?ffSON, MAYOR ATTEST: Rebe a Garza, City ecret APPROVED AS TO CONTENT: R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw.ccdocs/RES.Contract-Massey Irrigation April 30, 2014 Resolution No. 2014-RO180 City of Lubbock, TX Contract for Services Center Pivot Replacement Contract 11789 THIS CONTRACT made and entered into this 22"d day of May , 2014, by and between the City of Lubbock ("City"), and Massey Irrigation, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Center Pivot Replacement and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said center pivot replacement. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Center Pivot Replacement and more specifically referred to as items one and items three through four on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, bid form, and terms and general conditions contained herein. The Contractor shall perform the work according to the procedures outlined in the bid form and specifications attached hereto. The contract shall be for a term of SIXTY days, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability 500,000 General Aggregate Automotive Liability Combined Single Limit Any Auto 500,000 Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on Auto/General Liability on a Primary and Non -Contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10 Non Appropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. This Contract consists of the following documents set forth herein; Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF L O 1 Gle . Rob on, Mayor A TTECT: D " 6 �. Xebkca Garza, City ;Secretary WAPP-OV—AS TO CONTEN T s, Water Program Mary Gon Coordinateff APPR AST FORM: Assistant City Attorney COAorized OR BY Aupresentative Print Name 76/ / Address L jc 7 /_ City, State, Zi Code BID FORM Center Pivot Replacement City of Lubbock, TX ITB No. 14-11789-DG In compliance with the Invitation to Bid 14-11789-DG, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14-11789-DG is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT Extended Delivery ITEM QTY MEASURE DESCRIPTION PRICE* Cost Days +/- BID ARO** 1. 1,257 FT Purchase, Delivery, and Installation of a 1,257 $ $ foot pivot irrigation system (to replace No. L1), including new flow meter, located at the Lubbock Land Site, based ��� Application on specifications listed below, including 79 V7 dismantling existing system and moving to a j Wtl location outside the circle. PER 7-7 SPECIFICATIONS. 2. 1,257 FT Purchase, Delivery, and Installation of a 1,257 foot pivot irrigation system (to replace No. L2), including new flow meter, located at the Lubbock Land Application Site, based on specifications listed below, including dismantling existing system and moving to a location outside the circle. PER SPECIFICATIONS. 3. 1,031 FT Purchase, Delivery, and Installation of a 1,031 foot pivot irrigation system (to replace No. Lot H7), including new flow meter, located at the Lubbock Land Application -Wilson Site, based CjO 6� 70 fq�7v `2 on specifications listed below, including dismantling existing system and moving to a location outside the circle. PER SPECIFICATIONS. 4. 1,229 FT Purchase, Delivery, and Installation of a 1,229 foot pivot irrigation system (to replace No. Lot H18), including new flow meter, located at the Lubbock Land Application -Wilson Site, _ based on specifications listed below, including dismantling existing system and moving to a location outside the circle. PER SPECIFICATIONS. Total © 06 Do Work will be done at two different locations: 03/17/14/ Q/Purchase/Bid Docs/ITB 14-11789-DG Center Pivot Replacement 4 Lubbock Land Application Site @ 4602 ECR 6700, 4602 E 19th Street, Lubbock, TX 79403 and Wilson Farm @ 547 County Road X, Wilson, TX 79381 *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of �_%, net Ltalendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES L� NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY 0/4%a or a partnership consisting of corporation organized under the laws of the State of of the City of City: LUJ gOl State: Zi Bidder acknowledges receipt of the following addenda: or individual trading as 03/17/14/ Q/P=haseBid Docs/IT 3 14-11789-DG Center Pivot Replacement 5 Addenda No. �_ Date 3.3 / zol� Addenda No. Date Addenda No. Date Addenda No. Date M(WBE Firm Woman Black American Native American Hispanic American Asian Pacific Americ4 I Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distin&shing No. (Franchised TX dealer) By Authorize$ Representative-tlsust sign by hand Officer Name and Title: Please Print Q ���y y Business Telephone Number XLO� �6� " .��/� FAX: ZW -- / a-02_tl,7 E-mail FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50,000): Date P.OJContract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 03/17/14/ Q/PurchaseBid Docs/ITB 14-11789-DG Center Pivot Replacement 6 Revised Specification City of Lubbock Minimum Specifications for the purchase of Four (4) Center Pivots for Lubbock Land Application and Lubbock Land Application - Wilson Sites It is the intent of this specification, referenced documents, requirements and conditions sections to describe the minimum performance requirements. The vehicle/equipment must meet or exceed the performance or construction described herein. The vendors shall be required to mark compliance or non-compliance to each item description in the space provided. All equipment furnished as standard to the general public on the product by the manufacturer shall be included, even when not specifically identified in this specification. Any deviations from the written specification, with date as shown in the Invitation to Bid (ITB), shall be noted on the attached Non -Conformance Form. In order to receive full consideration, ITB response quotation must follow this specification and the ITB's terms and conditions. Vendor Name: M/%S y��22//�/+'TI!?� Vendor Phone: 9, � Z 7l _Q�� Vendor No. Item Description Compliance Yes No New pivots shall be tied into existing pipeline. 1. Overall Length and Scope Work The successful bidder will be required to measure of the distance of all obstacles in each field to ensure clearance of the pivot towers. Purchase, Delivery, and Installation of a 1,257 foot pivot irrigation system (to replace No. L1), 1 1 including new flow meter, located at the Lubbock Land Application Site, based on specifications listed below, including dismantling existing system and moving to a location outside the circle. Purchase, Delivery, and Installation of a 1,257 foot pivot irrigation system (to replace No. L2), 1.2 including new flow meter, located at the Lubbock L ; Land Application Site, based on specifications listed below, including dismantling existing system and moving to a location outside the circle. Purchase, Delivery, and Installation of a 1,031 foot pivot irrigation system (to replace No. Lot 1­17), including new flow meter, located at the Lubbock 1.3 Land Application -Wilson Site, based on specifications listed below, including dismantling existing system and moving to a location outside the circle. Purchase, Delivery, and Installation of a 1,229 foot pivot irrigation system (to replace No. Lot H18), including new flow meter, located at the Lubbock 1.4 Land Application -Wilson Site, based on specifications listed below, including dismantling existing system and moving to a location outside the circle. Revised Specification 2. Main Pipe 2.1 8 inch — 6-5/8 inch, as required to reach desired flows at desired pressure. 2.2 -0.0115 inch wall thickness. 2.3 Piping will be formed from aisisae 1010 coil sheet. No. Item Description Vendor Compliance Yes No 3. Pivot Assembly 3.1 8 inch O.D. riser, Polyseal gasket for high and low pressure. 3.2 4 inch x 4 inch x 3/8 inch angle iron legs with 4— 2 inch x 2 inch x 3/16 inch angle braces on all 4 sides. LZ 3.3 Adjustable ring lock elbow. 3.4 Connection between pivot assembly and the first span must be flexible to allow for grade changes on the first tower. 4. Truss Design 4.1 Truss rods 11/16 inch with manufacturer's standard heavy duty under truss braces. 5. Towers 5.1 Four legs constructed of 3 inch x 3 inch x '/a inch angle iron bolted to 6-5/8 inch x 11 gauge tubular non -towable mobile base. 5.2 Legs must have a minimum of 5 tie braces. 5.3 Wheelbase minimum 13.0 feet maximum span length 160 feet. (� 6. All Towers 6.1 Connections must be of pin and hinge type design with flexible rubber boot with clamps or acceptable approved equivalent. 7. Steel Structure Revised Specification 7.1 Components shall be hot -dipped galvanized to ASTM 123-73 specifications. 7.2 A minimum coat of 2.00oz/ft2 average shall be applied. 8. Fasteners 8 1 All fasteners used on the system shall be grade 5 zinc coated or better. 9. End Booms 9.1 End booms lengths shall not exceed 40 feet. 10. Hydraulics Operating PSI 25, Maximum 35 PSI. All systems, 10.1 will be equipped with 360 degree Senninger spray nozzles, spaced on 120 inch centers, with 30 inch plugged outlets, with plastic plugs. Rubber hose drops 3 feet above ground, standard'/4 10.2 inch x 12 inch gooseneck use pipe dope on all goosenecks with 1-3/4 pound weights. Vendor No. Item Description CompHance Yes No 10.3 Each drop shall be equipped with a plastic cut-off LIZ valve. Oversized main line diameters in a combination with the specified minimum diameter shall be 10.4 provided as necessary for each system to obtain the desired flow volume at the desired operating pressure. Minimum flows at 25 PSI per system at the pivot point — al I calculations shall use a 140 C factor — are as follows: I0.5 LLAS Plot L1 — 1,000 GPM LLAS Plot L2 — 1,000 GPM LLAWS Plot H7 — 850 GPM LLAWS Plot H18 — 1,050 GPM 11. Flow Meter Seametrics AG2000-800-178 or City approved equal. Spool -type electromagnetic, no moving parts. Revised Snecification 8 inch, flanged, ANSI 1501b. Drilling 150 psi V Operating temperature: 10-130 degrees F. r / Non -operating temperature: -40 — 158 degrees F. C.� Accuracy: +/-I % of reading from 10% to 100% of reading V Accuracy: +/-2% of reading from cutoff to 100% of reading Welded steel, epoxy -coated; Dual durometer rubber liner; Diecast aluminum, powder coated electronics housing; 316 stainless steel electrodes. Display Rate -Digits 5: Gallon/minute, Liter/minute, Cubic Feet/minute, Feet/hour, Gallon/second, Liter/second, Cubic Feet/second, Cubic Meter/minute. / V Display Rate -Digits 8: Gallon, gallonx1000, Liter, Literx1000, Acre feet, cubic feet, million gallon, acre inch Compatible with external power source, 7-32 Vdc, 30mA, lithium battery backup in case of power L_'�' failure, 10 year life. Conductivity: > 20 microSiemens/cm Empty pipe detection hardware/software, conductivity based. Environmental: NEMA 4X standard 12 Electrical and Mechanical Auto -reverse will be needed on the following units: LLAS Plot L 1 HLAS Plot H 18 Vendor No. Item Description CompHance Yes No 12.1 All Electrical v All electrical components must comply with the 12.1.1 following national electrical code sections: 1. Article 250-51 Effective Grounding Revised Specification 2. Article 250-114 Effective Grounding 3. Article 310 Minimum Size of Conductors 4. Article 210-5 Color Code for Branch or Controlled 5. Article 430 Motors, Motor Circuits, or Controlled L 6. Article 675 Electrically Driven on Controlled Irrigation Machines. 7. National Fire Protection Standard No. 70, National Electrical Code. 12.2 Primary Power 3-phase, 480 volt, 60 hertz single phase, 120 volt, 12 2 1 60 hertz primary, single phase, 120 volt enclosed LZ surge and lighting protection package shall be provided. 12.3 Programmable Main 12 3 1 System allows for programming of various functions controlled by degrees of rotation. 12.3.2 Accuracy shall be +/- I ° with no offset to reset degrees required. 12.3.3 Programmable functions to include — change rate of speed. 12.3.4 Change direction, stop/start, and control two f auxiliary ports for control of ancillary equipment. t/ 12.3.5 Safety features to include: Disconnect rated at 30 / amps, 600 volts. v 12.3.6 Panel must be compatible with FieldNET telemetry system. 12.4 Electric Motor on Gear Drives All motors shall be 'h hp, 460-480 VAC., 3-phase 12.4.1 with 1,725 rpm at 60 Hz, and shall be totally enclosed. Full load torque shall be 35oz. ft. (min) and locked 12 4 2 rotor torque 220oz. ft. (min) motors shall be rated for continuous duty cycle and have inherent overload protection. Revised Specification 12.4.3 Ball bearings shall be double sealed. 12.4.4 Motors shall have a plastic shroud which protects it from moisture. Motor lead shall be run in 3/4 inch conduit along 12.4.5 mobile base and extend up tower leg approximately 3 to 4 feet. Vendor No. Item Description Compliance Yes No 12.5 Center Drive Gearbox v 12.5.1 Spur gear drive gearbox designed specifically for use on center pivot systems. J; Li 12.5.2 Output ratio 40-1. The gear drive must be capable of delivering a 12.5.3 minimum of 120,000 inch/pounds of instantaneous torques and 36,000 inch/pounds of continuous torque. 13.0 Tire Size 13.1 Size 11.2 x 38 Galvanized, Reinforced rims, / tubeless V 11. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 Invoices: Seller shall submit separate invoices, in duplicate, on 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, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 Delivery Delay When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Director, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Director informed at all times of the status of the order. 5 Damage Assessment: Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Director to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 6 Late Delivery Fee: The City will also have the option to charge the vendor a fee of $50.00 per vehicle per day for late delivery. Late fee applies when vendor has not requested and received prior written permission and approval from the ordering entity to make delivery after the number of days established by the contract or the purchase. 7 Packaging: 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 1 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. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M., Monday through Friday, except on City holidays, at the designated location. 9 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. 10 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City 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 The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City 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. 03/17/14/ Q/Purchase/Bid Docs/ITB 14-11789-DG Center Pivot Replacement 20 11 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 12 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. 13 Title & Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery as provided herein. 14 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all provisions of the 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 of the contract 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 the City of his intention to cure and may then make a conforming tender within the Contract time but not afterward. 15 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City 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 toward 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 the Contract is canceled by the City pursuant to this provision, the City 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. 16 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 filing this order, such special tooling or equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 17 Non -Arbitration: The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial retnedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 18 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or 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 other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the 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 or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 19 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of 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 the City will be at the Seller's expense 20 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 21 Vendor retrieval of Vehicles: Vendor shall remove noncompliant vehicles (s) form City premises within five working days after receiving written notification from the ordering entity. If vehicle is not removed by vendor within the five working days time frame, the city may arrange for vehicles to be removed and secured by a local towing and storage facility. Vendor will be responsible for payment of all related towing and storage charges. The City will not be responsible for payment of all related towing and storage charges. The City will not be responsible for liable for damage or loss of noncompliant vechiles with remain on City premises, or which are removed by towing company, five working days after vendor is notification. 22 Cancellation: The City 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 and/or files 03/17/14/ Q/Purchase/Bid Docs/ITB 14-11789-DG Center Pivot Replacement 21 bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 23 Termination: the City may terminate the contract or purchase order in whole, or in part. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 24 Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 25 Assii nment-Dele ation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 26 Waiver: No claim or right arising out of a breach of the 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. 27 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is 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 the contract, the definition contained in the Code is to control. 28 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever 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 the contract. 29 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this 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. 30 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, 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 subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 31 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 32 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 33 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 03/17/14/ Q/Purchase/Bid Docs/ITB 14-11789-DG Center Pivot Replacement 22 34 Environmental Stewardship: The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub- contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 35 The City Right to Audit: At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 36. Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or any portion of th contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 37. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155.001). 03/17/14/ Q/Purchase/Bid Docs/ITB 14-11789-DG Center Pivot Replacement 23