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HomeMy WebLinkAboutResolution - 2011-R0139 - PO - J&L Equipment - Flgt Submersible Pumps - 04/14/2011Resolution No. 2011-RO139 April 14, 2011 Item No. 5.10 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 No. 23100636 for the purchase of Flygt submersible pumps and replacement kits, by and between the City of Lubbock and J & L Equipment of Amarillo, Texas, and related documents. 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 April 14, 2011 TOM MARTIN, MAYOR ATTEST: Q.0-� - -� - , --'�X - Rcbedja Garza, City Secreta APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.J & L Equipment-PurchaseOrd March 29, 2011 IlubbiockXAS TO: PURCHASE ORDER J & L EQUIPMENT 13900 IH -27 AMARILLO Texas 79119 0111 Will IMP INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered 03/24/2011 Freight Requested 06/30/2011 Taken By Delivery PER C. HENDERSON REQ 36441 Page - 1 Date - 03/29/2011 Order Number 23100636 000 OP CITY OF LUBBOCK WATER RECLAMATION PLANT 3603 GUAVA AVENUE LUBBOCK Texas 79403 SOLE SOURCE/QUOTE 064327 Description/Supplier Item Ordered 3127 FLYGT H/C IMP. 7041718 1.000 3127 IVC INSERT RING 705800 1.000 FLYGT 3127.185 PUMP W/HC IMP. 2.000 3153 FLYGT H/C IMP. 6987242 1.000 3153 H/C INSERT RING 7022900 1.000 3153 H/C VOLUTE 7022703 1.000 FLYGT 3153.185 PUMP W/HC IMP 2.000 Terms NET 30 F. ORTA Unit Cost UM Extension Request Date 3,359.0000 EA 3,359.00 06/30/2011 1,951.0000 EA 1,951.00 06/30/2011 7,972.0000 EA 15,944.00 06/30/2011 2,904.0000 EA 2,904.00 06/30/2011 908.0000 EA 908.00 06/30/2011 2,755.0000 EA 2,755.00 06/30/2011 13,591.0000 EA 27,182.00 06/30/2011 Total Order 55,003.00 This purchase order encumbers funds in the amount of $55,003, awarded to J & L Equipment, of Amarillo, Texas on April 14, 2011. The following is incorporated into and made part of this purchase order by reference: Price quotation dated March 24, 2011 from J & L Equipment, of Amarillo, Texas. Resolution# 2011—R0139 . CITY OF LUBBOCK ATTEST: Tom kfartin, Mayor RebbccAGarza, City Secretary 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 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to commercial practice. Each shipping container shall be clearly and permanently marked as the standards promulgated by the U. S. Department of Labor under the Occupational Safety follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer purchase release number and the supply agreement number if applicable, (c) Container number may ram the product for correction or replacement at the Seller's expense. In the event and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container Seller fails to make the appropriate correction within a reasonable time, correction made by bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods Buyer will be at the Seller's expense. shall be suitably packed to secure lowest transportation costs and to conform with It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for requirements of common carriers and any applicable specifications. Buycr's count or weight sale Seller agrees to ascertain whether goods manufactured in accordance with the shall be final and conclusive on shipments not accompanied by packing lists. specifications attached to this agreement will give rise to the rightful claim of any third person 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the byway of infringement of the like. Buyer makes no warranty that the production of goods goods under reservation and no tender of a bill of lading will operate as a tender of goods.. according to the specification will not give rise to such a claim, and in no event shall Buyer be 3. TiTLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer 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 the like will result, until Buyer actually receives and takes possession of the goods at the point or points of he will notify the Buyer to this effect in writing within two weeks after the signing of this delivery. agreement. if Buyer does not receive notice and is subsequently held liable for the 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must infringement or the lute, Seller will save Buyer harmless. If Seller in good faith ascertains the fully comply with all provisions of this contract as to time of delivery, quality and the like. If a production of the goods in accordance with the specifications will result in infringement or the tender is made which does not fully conform, this shall constitute a breach and Seller shall not like, the contract shall be null and void. have the right to substitute a conforming tender, provided, where the time for performance has 12 RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then accepting them make a conforming tender within the contract time but not afterward. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any pant of the S. INVOICES &PAYMENTS. a- Seller shall submit separate invoices, in duplicate, one each purchase order or purchase undelivered portion of this order if Seller breaches any o£the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of release after each delivery. invoices shall indicate the purchase order or purchase release cancellation is in addition to and not in lieu of any other remedies which Buyer may have in number and the supply agreement number if applicable. Invoices shall be itemized and law or equity. transportation charges, if any, shall be listed separately. A copy of the hiI of lading, and the freight waybill when applicable, should be attached to the invoice. Mad To: Accounts 14. TERMINATION. The performance of work under this order may be terminated in whole, or in Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due part by the Buyer in accordance with this provision. Termination of work hereunder shall be until the above instruments are submitted after delivery. effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to 6, GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without 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 of the liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts rights of Buyer set forth in Clause 13, herein. 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 to securing a contract or 15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if the securing favorable treatment with respect to the awarding or amending, or the making of any fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not determinations with respect to the performing of such a contract. In the event this contract is within the control of the party whose performance is interfered with, and which by the exercise canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other of reasonable diligence said party is unable to prevent. rights and remedies, to recover or withhold the amount of the cost incurred by Seller in lb. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or providing such gratuities. delegation of any obligation made by Seller without the written permission of the Buyer. Any 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all cost of any special tooling or special test equipment fabricated or required by Seller for the purpose unless made in conformity with this paragraph. purpose of filling this order, such special tooling equipment and any process sheets related 17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole thereto shall become the property of the Buyer and to the extent feasible shall be identified by or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is the Seller as suck supported by consideration and is in writing signed by the aggrieved party. 8. WARRANTY -PRICE. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller performance provided by Buyer in its advertisement for bids, and any other documents warrants to be no higher than Seller's current process on orders by others for products of the provided by Seller as part of his bid, is intended by the paries as a final expression their kind and specification covered this agreement for similar quantities under similar of like by q� he agreement and intended also as a complete and exclusive statement of the terms of their conditions and methods of purchase. In the event Seller breaches this warranty, the prices of agreement. Whenever a term defined by the Uniform Commercial Code is used in this the items shall be reduced to the Seller's currant prices on orders by others, or in the agreement, the definition contained in the Code is to control. alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to 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 effective and in force on the solicit or secure this contract upon an agreement or understanding for commission, percentage, date of this agreement. brokerage, or contingent fee excepting bona ride employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. 20. RIGHT TO ASSURANCE. Whenever one parry to this contract in good faith has reason to For breach of vitiation of this warranty the Buyer shall have the right in addition to any other question the other party's intent to perform he may demand that the other party give written right of rights to cancel this contract without liability and to deduct from the contract price, or assurance of his intent to perform. in the event that a demand is trade and no assurance is otherwise recover without liability and to deduct from the contract price, or otherwise recover given within five (5) days, the demanding party may treat this failure as an anticipatory the full amount of such commission, percentage, brokerage or contingent fee. repudiation of the contract, 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, that the goods furnished will conform to the specification, drawings, and descriptions listed in liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict consequence of the granting of this Contract or which may anywise result therefrom, whether or between the specifications, drawings, and descriptions, the specifications shall govern. or not it shall be alleged or determined that the act was caused through negligence or omission Notwithstanding any provisions contained in the contractual agreement, the Seller represents of the Seller or its employees, or of the sub5eller or assignee or its employees, if any, and the and warrants fault -free performance and Fault -fine result in the processing date and date related Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs data (including, but not limited to calculating, comparing and sequencing) of all hardware, and other expenses arising therefrom of incurred in connection therewith, and, if any judgment software and firmware products delivered and services provided under this Contract, shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, individually or in combination, as the case may be from the effective date of this Contract, satisfy and discharge the same Seller expressly understands and agrees that any bond required Also, the Seller warrants the year2000 calculations will be recognized and accommodated and by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to will not, in any way, result in hardware, software or Firmware failure. The City of Lubbock, at indemnify, keep and save harmless and defend the Buyer as herein provided. its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to 22. TIME. It is hereby expressly agreed and understood that time is of the essence for the follow in order to comply with ail the obligations contained herein, The obligations contained this compact, and failure contract to nee! Ore time specifications of this herein apply to products and services provided by the Seller, its sub -Sealer or any third party It agreement will cause Seller to be is default of this agreement. agreement w l 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 obligations contained 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered herein, may result in the City of Lubbock availing itself of any of its rights under the law and into pursuant to this request, minority and women business enterprises will be afforded equal under this Contract including, but not limited to, its right pertaining to termination or default. opportunities to submit bids in response to this invitation and will not be discriminated against The warranties contained herein are separate and discrete from any other warranties specified on the grounds of race, color, sex or natural origin in consideration for an award. in this Contract, and are not subject to any disclaimer of warranty, 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 Contract by reference. Rev, 08/2005