HomeMy WebLinkAboutResolution - 2002-R0039 - Letter Of Award - Temple, Inc. - 01_23_2002Resolution No. 2002-R0039
January 23, 2002
Item No. 46
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for
distribution transformers -annual pricing, by and between the City of Lubbock and
Temple, Inc. of Lubbock, Texas, and related documents. Said Letter of Award 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 this 23rd day of January , 2002.
WINDY SITT N, MAYOR
ATTEST:
Rebecca Garza, City Secre ry
APPROVED AS TO CONTENT:
I
Victor Kil an, Purchasing Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
gs/ccdocs/Ur of Award -Temple, Inc. res
Jan. 14, 2002
Resolution No. 2002—R0039
Office of
Purchasing
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
January 22, 2002
Temple, Inc.
Dave Dewbre
502 East 46th Street
Lubbock, Texas 79404
RE: ITB #277-01/RS — DISTRIBUTION TRANSFORMERS — ANNUAL PRICING
Dear Mr. Dewbre:
Temple, Inc. has been awarded the items noted below for Distribution Transformers -
Annual Pricing based on your response to the City of Lubbock Invitation to ITB #277-01/RS.
1. A Notice to Proceed will be issued by the City of Lubbock and covers the category of
items shown below, and no other, during the period beginning January 23, 2002 and
ending January 22, 2003. The City of Lubbock shall not be responsible for payment
of any invoices except those orders placed pursuant to this agreement.
2. Category of Items:
1. Three Phase Padmount, kVA 225,
Voltage 12470 GY/7200, 208Y/120 @ $9,418.22
2. Three Phase Padmount, kVA 300,
Voltage 12470 GY/7200, 208Y/120 @ $11,380.85
3. Three Phase Padmount, kVA 500,
Voltage 12470 GY/7200, 208Y/120 @ $15,777.94
4. Three Phase Padmount, kVA 750,
Voltage 12470 GY/7200, 208Y/120 @ $23,074.78
5. Three Phase Padmount, kVA 1000,
Voltage 12470, GY/7200, 208Y/120 @ $28,451.16
6. Three Phase Padmount, kVA 225,
Voltage 12470 GY/7200, 480Y/277 @ $9,233.71
7. Three Phase Padmount, kVA 300,
Voltage 12470 GY-7200, 408Y/277 @ $11,005.10
8. Three Phase Padmount, kVA 500,
Voltage 12470 GY/7200, 480Y/277 @ $14,961.12
9. Three Phase Padmount, kVA 750,
Voltage 12470 GY/7200, 480Y/277 @ $21,050.74
10. Three Phase Padmount, kVA 1000,
Voltage 12470 GY/7200, 480Y/277 @ $25,888.86
11. Three Phase Padmount, kVA 1500,
Voltage 12470 GY/7200, 480Y/277 @ $35,345.58
3. Temple, Inc.'s bid dated November 29, 2001, is incorporated into and made apart of
this agreement.
4. Prices: As quoted.
5. All invoices shall be directed to:
City of Lubbock
Accounts Payable
PO Box 2000
Lubbock, Texas 79457
6. The City of Lubbock reserves the right to enforce the performance of this contract in
any manner prescribed by law or deemed to be in the best interest of the City of
Lubbock in the event of breach or default of this agreement. The City of Lubbock
reserves the right to terminate this agreement with a thirty (30) day written notice in
the event Temple, Inc. fails to perform in accordance with their proposal dated
November 29, 2001.
CITY OF LUBBOCK:
Windy Sitto
Mayor
APPROVED AS TO CONTENT:
�k� h9i�� -
Victor Kilman
Purchasing Manager
APPROVED AS TO FORM:
illiam D. de Haas
Contract Manager/Attorney
cc: Romeo Aguas, Electric Distribution
Vendor File
ATTEST:
Rebecca Garza
City Secretary
S Y O
City of Lubbock
P U R C H A S E 0 R D E R
�� 11
Resolution No. 2002-R0039
Page - 1
Date - 2/01/02
Order No. - 218016-000 OP
Brn/Plt - 3511
Ordered - 02/01/02 Freight - FOB Destination Frt Prepaid
Requested -_ 03/01/02 Placed By - RON SHUFFIELD 775-2170
Special Ins Term Pricing Agreement 277-01
Description / Supplier Item IOrdered UM
Bid Item No. 42 2.000 EA
Three Phase Pad Mounted Transformer
300 kVA 12470GY/7200 208Y/120 Volts
Bid Item No. 43 2.000 EA
Three Phase Pad Mounted Transformer
500 kVA 12470GY/1200 208Y/120 Volts
Bid Item No. 49 2.000 EA
Three Phase Pad Mounted Transformer
225 kVA 12470GY/7200 480Y/277 Volts
Bid Item No. 53 4.000 EA
Three Phase Pad Mounted Transformer
1000 kVA 12470GY/7200 480Y/277 Volts
Bid Item No. 54 2.000 EA
Three Phase Pad Mounted Transformer
1500 kVA 12470GY/7200 480Y/277 Volts
6,585.4100
EA
13,170.82
0V01 02
13,954.1600
EA
55,816.64
03/01/02'
17,227.0800
EA
340454':16
03/0.1102-
This purchase order encumbers funds in the amount of $135,016.60 of the annual pricing agreement awarded Temple, Inc: of Lubbock, Tezas on
January 24, 2002 in accordance with your response to ITB #277-01IRS, Distribution Transformers -Annual Pricing. The follbNWng are incorporatedinto —"
and made art of this purchase order b reference: bid submitted b p p y y your firm including the Bid Form; Specifications, and General Conditions of ItB
#277-01IRS.
�tF UBBOCK - A TES
Win Sitton
Y , Wyor
Rebe ca Garza, City Secretary
APPROVED AS TO FORM:
Total Order
-WWailiam.deJ-Iaas,ContractsNtanagerdAttornay---------------------------------- - - - - -- - - - - - -
Terms NET 30 135,016.60- "`
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CiTY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and pcmmanently 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 ofcontainers, e.g. box i of4 boxes, and (d) the number ofthe container
beating the packing slip. Seller shall bear cost of packaging unless otherwise provided.
Goods shall be suitably picked to secure lowest transportation costs and to conform with
requirements of common carriers and any applicable specifications. Buyer's comsat or weight
skull be foul and conclusive on shipments not accompanied by packing lists.
2. 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.
3. TITLE AND RISK OF LOSS. The title and risk of loss ofthe goods shall not pass to Buyer
until Buyer actually receives and takes possession ofthe goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions ofthis contact as to time ofdelivery, quality and the like. if
a tender is made which does not fully conform, this shall constitute a breach 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 Buyer of his intention to cure and may
then nuke a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS.
a. Seller shall submit separate invoices, in duplicate, one 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 ofthe bill of lading, and the
fic:ght w,,:.iii when applicable, should be attached to the invoice. Mail To: Accounts
Payable, City of Lubbock. P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due
until the above instruments are submitted after delivery.
b. GRATUITIES. 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 torn of entertainment, gifts
or otherwise, were offered or given by the Seller, or any agent or representative ofthe Seller,
to any officer or employee ofthe City of Lubbock with a view to 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 this contract is
canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other
Tights and remedies, to recover or withhold the amount ofthe cost incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. if the price stated on the face hereof includes the
cost ofany 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 Rasible shall be identified by
the Seller as such.
S. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher than Seller's current process on orders by others for products ofthe
kind and specilicati3n covered by this agreement for similar quantities under similar of like
conditions and methods ofpurchase. In the event Seller breaches this warranty, the prices of
the items shall be reduced to the Sellcr's current prices on orders by others, or in the
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this 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 of vitiation ofthis warranty the Buyer shall have the right in addition to any other
right of rights to cancel this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full amount of such commission. percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do:.) shall render this contract voidable at the option of the Buyer. Seller warrants
that the gouts furnished will conform to the specification, drawings, and descriptions listed in
the bid imitation, and to the sample(s) furnished by the Seller, irony. in the event ofa
conflict or between the specifications, drawings, and descriptions, the specifications shall
govern. Notwithstanding any provisions contained in the contractual agreement, the Seller
represents and warrants fault -free performance and fault -fret result in the processing date and
date related data (including, but not limited to calculating, comparing and sequencing) of all
hardware, software and firmware products delivered and services provided under this Contract,
individually or in combination, as the case may be from the effective date ofthis Contract
Also, the Seller warrants the ycar2000 calculations will be recognized and accommodated and
will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at
its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to
follow in order to comply with all the obligations contained herein. The obligations contained
herein 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 Contact. Failure to comply with any of the obligations contained
herein, may result in the City of Lubbock availing itselfofany ofits rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default
The warranties contained herein are separate and discrete from any other warranties specified
in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation ofthe Seller's liability which may be specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
30. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety
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. In the event
Seller fails to make the appropriate correction within a reasonable time, correction made by
Buyer will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part ofthis contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any thud person
byway of infringement of the like. Buyer makes no warranty that the production of goods
according to the spccifration will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement ofthe like. If Seller is ofthe opinion that an infringement or the like will result,
he will notify the Buyer to this effect in writing within two weeks after the signing ofthis
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringement or the like, Seller will save Buyer 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.
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them
13. CANCELLATION. Buyer shall have the tight to cancel for default all or any part of the
undelivered portion ofthis order if Seller breaches any ofthe terms hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu crony other rcmedies which Buyer may have in
law or equity.
14. TERMINATION. The performance of work under this order may be terminated in whole, or
in pan by the Buyer in accordance with this provision. Termination of work hereunder shall
be effected by the delivery ofthe Seller of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the date upon which such
termination becomes effective. Such right or termination is in addition to and not in lieu ofthe
rights of Buyer set forth in Clause 13, herein.
15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the
fulrtllment crony terms ofprovisions of this contract is delayed or prevented by any cause not
within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence said party is unable to preveaL
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission ofthe Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally ineffective for alL
purpose unless made in conformity with this paragraph.
17. WAIVER. No claim or right arising out of a breach ofthis contract can be discharged in
whole or in part by a waiver or renunciation ofthe claim or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids
and performance provided by Buyer in its advertisement for bids, and any other 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 ofthe terms of their
agreement. Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever the tern "Uniform Commercial Code" is used, it shall be construed as meaning thr,
Uniform Commercial Code as adopted in the State of Tcxas as effective and in Yorcc 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 perform he may demand that the other party give written
assurance of his 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 ofthc contract.
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits.
liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in
consequence ofthe granting ofthis Contact or which may anywise result therefrom, whether
or not it shall be alleged or determined that the act was caused through negligence or omission
ofthe Seller or its employees, or ofthe subSellcr or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs
and other expenses arising therefrom of incurred in connection therewith, and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses,
satisfy and discharge the same Seller expressly understands and agrees that any bond required
by this contact, or otherwise provided by Seller, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Buyer as herein provided.
22. TIME. It is hereby expressly agreed and understood that time is ofthe essence for the
performance of this contact, and failure by contact to meet the time specifications of this
agreement will cause Seller to be in default ofthis agreement.
23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contact entered
into pursuant to this request, minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated against:
on the grounds of race, color, sex or natural origin in consideration for an award.
G.PURCHMERMCOND.I30C