HomeMy WebLinkAboutResolution - 2011-R0388 - PO - Gincon Pumps & Equipment - Replacement Pump For Water Reclamation - 09_08_2011Resolution No. 2011—RO388
September 8, 2011
Item No. 5.12
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, Purchase Order 23100936 for the
purchase of Replacement Pump for Water Reclamation by and between the City of
Lubbock and Gicon Pumps & Equipment of Abernathy, Texas, and related documents.
Said Purchase Order 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 September 8, 2011
TOM MARTIN, MAYOR
TTEST:
Garza, City
(APPROVED AS TO CONTENT:
Marsha Reed, Chief Operating
APPROVED AS TO FORM:
Weaver, Assistant City Attorney
sjxedocs/RES.Gicon Pumps & Equipment-PurchaseOrd
August 26, 2011
ty Of
luOIO�� PURCHASE ORDER
bb
1ExAS
TO: GICON PUMPS & EQUIPMENT
P.O. Box 340
ABERNATHY Texas 79311
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2009
LUBBOCK, TX 79457
Ordered 08/25/2011 Freight
Requested 10/27/2011 Taken By
Wively
Page - 1
Date - 09/01/2011
Order Number 23100936 000 OP
Branch/Plant 6417
SHIP TO: CITY OF LUBBOCK
WATER RECLAMATION PLANT
3603 GUAVA AVENUE
LUBBOCK Texas 79403
BY:
D GAMBOA
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Replacement pump 1.000 26,475.0000 EA 26,475.00 10/27/2011
for EP 806 at PS #1
Thal S�cdear
Terms NET DOTE ON RECEIPT 26,475.00
This purchase order encumbers funds in the amount of $26,745.00 to Gicon Pumps and Equipment. of
Abernathy, Texas, on September 8, 2011. The following is incorporated into and made part of this purchase
order by reference: Price quotation dated July 29, 2011 from Gicon Pumps and Equipment of Abernathy, TX
Resolution# 2011—RO388
CITY OF LUBBOCK ATTEST:
Tom Martin, Mayor .� Rebec a Garza, City Secretary
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK TEXAS
Seller and Buyer agree as follows:
I. SELLER TO PACKAGE GOODS, Sella will package goods in accordance with good
commercial practice. Each shipping container shell be clearly and pmnwwmly marked as
follows (a) Selliet's name and address (b) Consignee's twee addreet and purchase order or
purchase release number and the supply agreement rumba if applicable, (c) Container number
and total number of contauers e.g. box I of 4 boner, and (d) the numbcr of the container
Bering the packing slip. Seller shall her tort of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest tanspatte ima costs and to conform with
requirements ofcommoo carriers and say applicable specilkatiorm Buyer's court or weight
shall be fast and conclusive of shipments not accompanied by packing liana
2. SHHtMENT UNDER RESERVATION PROHIBITED. Seller is cot authorized to ship the
goads under reservation and no tender are bill of lading will operate as a tender of goads.
3. TITLE AND RISK OF LOSS. The title and risk of lose of the goods shall not pin to Buyer
until Buyer actually receives and takes possession of the goods at the !taint or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tears, of delivery of goods must
fully comply with all provisions of this contract a to rime of delivery, quality and On like. If a
tender is made which don not filly conform, this shall constitute a breach and Seiler shall not
have the riot to substitute a conforming tender, provickA where the time for performance has
not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then
snake a conforming tender within the contact time but not afterward
5. INVOICES& PAYMENTS.
a. Seller shall submit seprae invoices, in dupllate, one each purchase order or purchase
release after each delivery. Invokes shell hrdicare the purchase order or purchase release
number and the supply agreement number If applicable. Invoices shall be itemlttd and
munsportatiaa chryss, if any, shall be tilted separately. A copy of the bill of fading, and the
freight waybill when applicable, should be attached to the invmico. Mail To: Accounts
Payable, City of Lubbock. P. O. Box 2000, Lubbock Texas 79457. Payment shall to be due
until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seiler, cancel this connect without
liability to Seller if it is determined by Buyer that gratuities, in rite form of entertainm rM gifts
or otherwise, were offered or given by the Seller. or my agent at representative of era Seller.
to any oBleer or employee of the City of Lubbock with a view to aenvmtg a contract or
securing fitve able treatmwt with raspea to the nvadbas oram rand mg, or the making of any
determinations with res;seca to the pofmmins of such s cont.a+ In the tees this c ontaw is
caecekd by Buyer pursuant to this provision, Buyer shall be eatitlett, in addition to any other
rights and remedies, to recover or withhold din amount of the cat incurred by Wks in
providing such grawities.
7. SPECIAL TOOLS & TEST EQUIPMENT, If the price sated on the face hereof includes the
cos of any special tooling or specisl test equipment iabrksed or required by Seller for the
purpose of filling this ortim such special tooling equipment and any process sheets related
thereto dull bweeme [be property of dw 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 slut contained m Seller's bid which Seller
warrants to be an higher than Seller's currant process on orders by others for products of the
kind and specification covered by this agreement for similar quantities under simikrof like
conditions and methods of purrbaw. In the event Seiler breaches this watrruy, the prices of
the items "I be reduced to the Seller's current prices on orders by wham or in the
alternative. Buyer may cancel this contact without liability to Seller for breech or Selkes
actual expense.
b. Thu Sella warrau that oa l 1, or selling agency has been employed or retained to
solicit or secure this contact upon as agreement or wtdrstaulWg for recommission, pacentago.
brokerage, or cwtfmgert ran exceptlnS bona fide employees of boon tide established
commetehl or selling species rutI I hied by the Seiler for the propose of sainting bush>as.
For Ix wdn of vkietioe of this wrramty the Buyer shah have the right in addition to any other
right of rights to cancel this contact widamd liability and to deduct from dw contend price, or
otherwise recover without liability and to deduct firm the contract price. or otherwise recover
The Hall amours of such commission, tseneeauge, brokerage or Contingent Tea.
9. WARRANTY -PRODUCT. Seller shall the limit or exclude any implied warranties and any
atetnpt to do so shad render this txmntract voidable at the option of the Buyer. Seller warrants
that the goads furtidwd will conform to the specifications, drawings, and descriptions listed in
the bid invitation, and to the sample(s) famished by" Seller, ifagy. Is. the event of a conflict
or between the specifications, drawings, and desuiptiam, the specifications shall govern.
Notwithstanding any proviskms contained in the contactual agreement, the Sella represents
and warrants fault -&tee performance and fault -free result in the prixmintg dace and dare related
data (including, but not limited to calculating, compering and segttmcin&) of all hardware,
software and finmwom products delimod and services provided under this Control,
individually or in combination, as the case may be flora the effective data of this Contract
Also, the Seller warraa the yead2000 calculatioaa will be recognized and accommodated mod
will not, in anyway, result in hardware, sofhwsm or Ifrmwae faller. The City of Lubbock ar
its sale option, may require the Seller, at any rime, to demonstrate the procedures it intends to
follow in order to comply with all the obligations oxtnabsed hernia. The oblgarbos contained
herein apply to products and services provided by the Sella, is sub -Seller or sty third party
involved in the creation at development of the products and services to be delivered to the City
of Lubbock under this Contract. Foilum to comply with any of the obligations contained
herein, may result in the City o€Lubbock availing itaelf of amy of its rights under the law amid
under this Contract including. but net limited to, its right pertaining to tmnihation or default
The warranties conamed hereto are separate and discrete 6om any other warranties specified
in this Contract end are not subject to my disclaimer of waranty, implied or expressed, or
limitation of the Seller's liability which may be specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contact by reference.
10. SAFETY WARRANTY, Sella warrants that dx product sold to the Buyer shall conform to
the standards promulgseed by der U. S, Department of labor under mho Occupational Safety
and HesM Actof iM. In the evtxtt the product does not conform to OSHA statdrda, Buyer
may return the product for cortwtim or replacement at the Seller's expense In the event
Seller fails to make the appropriate carrcetim within a reasonable tiara, correction oade by
Buyer will be at the Seller's expense.
If. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to ascertain whether goods mrwfict red in aoeordeom with that
specifications cached to this agreement will give rise to tie rightful claim army third person
by way of infiingemeat of the Me. Buyer makes no wearasy that the production of goads
according to the specification will out give rim to such a cislm, end in no event shall Buyer be
liable to Seller for indemnification in the evert that Seller is sued an the grounds of
is6ingemen of the lire. if Seller is of the opi nioo than bi&mgemeator the lice will result.
he will no * the Buyer to ibis effea in writing within two weeks after the signing of this
asp xuwdt. If Buyer does not receive notice and is subsegiently held liable for the
laSiripmus t or the like, Seller will rive Buyw harmless. If Seller in good Okith asrbrwas the
production of the goods in accordance wids the specifications will result (a mfiiingsment or the
like, the certract shall be null and void.
12. RIGlff OF INSPECTION. Buyer shad have the right to inspect the goods at delivery before
ac-plies them
13. CANCELLATION. Buyer shall have the right to cawd far defaah all or soy part of the
undelivered portion of this order if Seller &reader my of the terms hereof including warranties
of Seller or ifine Seller becomes insolvent or commits acts of baniaup". Such right of
raaccllaticn is in addition to and not in lieu of any other. mallet which Buyer msy have m
haw or equity.
l4. TERMINATION. The performance of work under this order may be erminaled in whole, or in
part by the Buyer in atcs:ordmm with this provision TerosirRion ofwork hereunder shall be
effected by the delivery of the Seller of ■ "Notice of Terminsdoo" specifying the extent to
which performance of wort under the order is terminated and the date upon which such
termination becomes cffi era Such rigid or lamination is in addition to and not in lieu of the
rights of Buyer act fads in Claus 13, herein.
15. FORCE MAIEURE. Ne(dha party shall be field m gmmiblefor loaea resuhmg if due
fulfillment of any as of provisions of this contact is delayed or prevented by any cause not
within the control of the party whose performance is mtei ra with. and whiei by the exercise
of reasonablediligtshae said party is unable to prevent
16. ASSIGNMENT -DELEGATION. No right or Worst in this contract shell be assigned or
delegation of my obligation made by Seder withal the writes permission of the Buyer. Any
attempted arigrusam of dehegatiea by Seller shall be wholly void and totally ineffective for all
purpose unless made in conformity with thls paragraph.
17. WAIVER, No claim or right arising out of a breach of this cantos can be dbckarged in whole
or in pat by a waiver or resmc(aion of the cLdm orrigid stakes the waiveror renrmcintim is
supported by consideration and is in writng signed by the aggrieved party,
18. INTERPRETATION -PAROLE EVIDENCE. This writing& plus any spacifkxd nss for bids and
performance provided by Buyer in its advertisement for bids, and any other documents
provided by Seiler ter part of his bid, is intended by the parties a a fmxi expression of their
agreement and intended also as a complete and exclusive statement of din to of their
agreement. Whetteves a term dellned by the Uniform Commercial Code is used in this
agreernme. the definition ca . hied in the Code is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever the term "Uniform Commercial Code" is used, it shall be constued a meaning the
Uniform Commercial Code an adopted in the Stab of Text an enkclive and In farce on the
daze of this agreement
20. RIGHT TO ASSURANCE. Wherever one Arty to this contract in good filth has reason to
question the other party's Intent to perform he my demand tint the other party give wrimm
assurance of his intent to pafam In the evest dot a demand is made and no aau sewe is
given within five (5) days, the demanding party may tread this failure as an atcipatory
repudiation of the contract.
21, INDEMNIFICATION. Seller shall Wdeam(fy, keep and save harmless the Buyer, its agents,
ofiicinis and etapl yces, against all injuries, deaths, loan, damages claims, patent claims, suits.
liabilities, judgmrntt. coats and expenses, which my in anywise accrue against the Buyer in
consequence of the gratat4y of this Contact or which may anywin result there4mm whether
or not it shall be alleged at determined dial the an was caused dwougb neyligoaM or omission
of the Scper or its employees, or of the sub3eller or atignee or its employ m If say, and the
Seller shall a his ova expense, appear, defend and pay all charges of atooeoeya and ail treats
and other expen raisin& therefrom of incurred in comse tim therewith. and, treaty judgment
Ann be rendered ag oom the Buyer to sty such acticts. din Seiler sha1L at its ova expenses,
satisfy and dfacharge the same Seller expnesahy unddsestdt and agrees that my band required
by this contract, or otherwise provided by Seller. shall in no way limit the respownbility to
indemnify. keep and save harmless ad deflead the Buyer as hatter prpvided
22. TfME. It is hereby expressly agreed and understood Ihet rime is of the essence for the
perfonmrrc+e of this cwataet, and failure by contact to meet the time spedflesticr s of this
agreement will came Seller to be in default of this agreement
23. MBE The City of Lubbock hereby notifies all bidders diet to regard to any contract entered
into pursuant to this request, minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation aad will not he discrimbrtted against
on the grounds of race, solar, sex or natural origin in conside>tim for an award.
Rev. 08/2005