HomeMy WebLinkAboutResolution - 2006-R0595 - PO - J&L Equipment - Submersible Pumps And Accessories, SWWRP - 12_19_2006Resolution No. 2006—RO595
December 19, 2006
Item No. 5.23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LTJBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Purchase Order Contract and any associated documents with J&L Equipment of
Canyon, Texas, for submersible pumps and accessories for the Southwest Water
Reclamation Plant, which Purchase Order Contract and any associated documents are
attached hereto as Exhibit A and made a part hereof for all intents and purposes.
Passed by the City Council this 19th day of December 52006 .
DAVID A. 4ILLER, MAYOR
ATTEST:
Reb cca Garza, City Secretary
AS
ood FroTnkli , ater Engineering
APPROVED AS TO FORM:
Don Vandi er, Attorn of COunse
DDres/J&LEquipPOcon06Res
December 11, 2006
CITY OF LUBBOCK "EXHIBIT A" Rew1ution No. 2006-RO595
TO:
Page - 1
PURCHASE ORDER Date 12/08/06
Order No. - 304238 000 OP
Brn/Plt - 3511
J AND L EQUIPMENT
P 0 BOX 37
CANYON TX 79015
SHIP TO:
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000 •(1� �
LUBBOCK, TX 79457 BY:
Ordered - 12/08/06 Freight - FOB Destination Frt Prepaid
Requested - 12/08/06 Taken By - MARTA ALVAREZ
Delivery - Quoted Dated 12/08/2006 By Jim Bodkin
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Description / Supplier Ite Ordered UM Unit Cost UM Extension
Flygt NP33301 Submersible 8.000 EA 33,234.0000 EA 265,872.00
Pumps
Discharge Elblow PN 3882705 8.000 EA 5,300.0000 EA 42,400.00
Upper Guide Rail Brackets 8.000 EA 175.0000 EA 1.400.00
PN 3304SSUGRB
Guide Railing, PN MIS3304SS 8.000 EA 700.0000 EA 5,600.00
Lifting Chain PN MIS5/1630S 8.000 EA 75.0000 EA 600.00
Labor for Concrete Work 1.000 EA 1,600.0000 EA 1,600.00
INSURANCE REQUIREMENTS PRIOR TO CONCRETE WORK
Commerical General Liability - $500,000,per occurrence
General Aggregate - Products-Comp/OP AGG
Personal & Adv. Injury - Contractual Liability
Automotive Liability - $300,000, Any Auto
Workers Compenstation - Statutory Amounts
Employers Liability - $500,000
To include: The City of,Lubbock is named as primary
additional insured with regard to auto and general
liability with respects to this purchase order,
Req. Dt
02/15/07
02/15/07
02/15/07
02/15/07
02/15/07
02/15/07
This purchase order encumbers funds in the amount of $317,472, for eight Flygt NP33301 Submersible pumps and
accessories awarded to J and L Equipment of Canyon, Texas on December 19, 2006. The following are incorporated
into and made part of this purchase order by reference: Price Quotation dated on December 8, 2006, by Jim Bodkin
CITY OF LUBBOC ATTEST:
David A. Mille , Mayor Reb ca Garza, City Secretary
� --APPAQYirQk4 --------- ------ -------- ---- Total ----------- Order ------
Term 317,472.00
Attorney
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer aka as follows:
i. SELLER TO PACKAGE GOODS. Selkr will peckep goods in accordance with sod
commercial practice. Each +hipping container dull he cicariy mail po noneraly marked as
follows (a) Seller's name and address. 01 Consignee's now. address and purchase order or
purchase release me" used the supply agneenent mother if applicable. Ic) Container number
and kind ntmnbes orcontainas, erg. box I of a boxes, and Id) the number of the container
beaming the packing slip. Seller shall bow core of packaging uruleat uhewise provided Goods
Audi be suitably pushed to secure lowest reaporWAim1 Cora and to cmfism with tegaim arils
or conrruse comers ad any appliobla speceficemsau. Buyer's cmmt or wagM del be IiI
teal conclusive on shipinrnh not accompanied by packing lion.
2. SHIPMENT LNOER RESERVATION PROHIBITED. Seller is not m thnrieed to ship des
pow under reservation and no tender of a bill of hang will operate as a realer orgoods.
3. TITLE AND RISK OF LOSS. The title ad risk of tea of the pd shall nor pass to Boyer
until Buyer actually raeives and takas pmeessius of the goods m the paint or points of
delivery.
/. 14OREPLACEMLNTOFDEFECTlVETENDEL Every leads. ordolivsryargoo&mr
fully mmyky with all provision of this contract as to than of delivery, quality ad the like. Ira
tender is made which duos not fully coefo ms this shill constitute a branch and Seller shall not
have the risk to subtimae a conforming sawkr. provided where the lime for prfunnmecs ban
me yet expired. the Seller may nnow"y auairy Buyer of his intention to cam and may tan
take a cur fuming hen in within rise construct time but not sherward.
5. INVOICES a: PAYMENTS.
a. Sella shall submit teeI ', invoices, in duplicate, am each I order or purchases
reI ease alter each delivery. Invoices shall indicate des prdow ceder or puclore release
number and der supply aReemest mo das if oppdiohl& Invoices shholl bs immisd ad
rrrporetias darges it my. shtull be listed oeponaWy. A copy of thw bhB of ldin d the
lweigM waybill when applicable, should be attached to the invoice. Mil To. Accounts
Payable, City or Lubbock, P. O. Bit _NM Lubbock. Team, 79457. Payment skirl rot be our
until the above instruments ate smbnined idler delivery.
6. GRATUITIES. The Bryernay, bywrirre notice to tun Seller. cmKd this cermact without
fiomity to Seller irit is d ominined by Buyer the gromieie , in the fain of towh imrwm, gift
a ollwrwise, was offamd a gives by lure Seiler. or any agow ar reprftmbdive mf des Stier, m
any L4WAr or eoWk ym of disc C-dy of L ubbol win a view m secmetg a comrat er aecosiss
favosmbk tatmwmt with nrptxt on des awte . as or rnro .. - or me making ornery
delennlnodme with respect m tee perf rmims of osch acom6aat. to des avert this cvmnact 6
carseled by Buyer pests to this pmvisierti Buyer WWI be saidad in addition to sty other
rights and nerrmdlea to recover or withhold des women order oar incurred by Seller In
Providing each position.
7. SPECIAL TOMS k TEST EQUIPMENT. If thapricy mmad on the raw Foamf [oucluab the
al coof any special Inches or special tear equipmwnt Mricatad or uequ . by Seiler For the
purpose of filling doh order, such special ending equilateral d any prucom Amore relied
thatele shell bernka the pnupaty of the Buyer d to the sates feasible shill be idemilled by
the Seller as such.
L WARRANTY -PRICE.
a Tee price to be paid by des Buyer sled Ise dun contained in Seller's bid which Seller
wrtrus to ha m hi jeer den SdWi count porsm m amps by mhna forproducts dda
kind sad spocill, i, cowed by this agreement for similar Qnntrin under similar of like
corditivaa und nueehnds of punhare. le doe event Seller haecchas this waeranty, to price of
the atom shall ice reduced m the Scler's nacre Pius on unI by otimm orin t e
shernm ive. BWr may cannot this contract withaa liability to Seiler for brut or Sdhw'e
actual expense.
b. Ile Seiler warrants duo no person or seller sgmey has been errglayed or rewired to sdicil
or seers this contract upon an agreement or uedemsexIog for co ardea ken. pacennp,
brokerage, or contingent fee excepting been fide employees of bone it& established
carramimi or selling agencies mommisool by des Seller for tle pupae of accusing buoiera
Far bruin of viciatan dthis womenty the Buyer shell hove de right in addition to any afar
risk of rigbb to amwl Ime ccom., withaa liability and so ddat Con do cvmm - Prig, or
atluerwbe recover riruoar liability d In � ban des ccowact prior, a admvwise rumor
doe IWI seeohmhf uef such weaniaioa. P�� �a*ase or cantiogat fi+a.
9. WARRANTY -PRODUCT. Seller shall not limit or exchok any implied warranties and any
wrempt to do w shall rends this contact voidable to to option of the Buyer. Seller warrants
that the goods fimiAnd will cornfam n the specification, drawings, and descriptions listed in
rise bid invitation, and to des somple{q fi mishd by the Seller, irm y. in tee ever of a cendlict
orban cew the specifications, drawings ad descripliora. the specifications shall govern.
Notwithstanding my provisions contained in The contractual gpmmeare, she Seikr eepretmmt
and warrants fault -flee performance and fade -free resell an the processing data and data related
den ( including. but no limited to calculating. competing and sequesceng) of all hondwom.
snhwme and firmware products de hoed and services provided under teat Contract.
individually or in annbimom . as the coca mf' be ban the eRedive dune or this Contract
Also. the Sutler warrtets the year211t10 celeuiaerons will be recogmaed d accommodated and
will nuL in any way, owe in hardware. software or Rrenwae failure. The City of Lubbock, me
its mule aplioa, may require de Seger. at any titer, to demonstrate the procedures it intruds to
fallow in mmler in comply with all the obligation contained herein. The obligsions cmniad
herein apply so pnsdacts and services Provided by the Seller. its sub-Selirror any third parry
involved in the creedoo or dev eI of the products and serviced at be delivered m the City
of Lubbock paler this Cm mL Failure so comply wide any air the obligations cor emed
herein, may result to the City or Lubbock roiling mself oraty of its right under the law and
umler this Coresat taiWikg. bus our limited to. its right pertaining io neminsaim ur defadL
The wamahsies contained hesinn are xpaslo and ductee horn any filar warosams specified
in this Cu~, and me we w*d marry discisdner of wrrway. implied or ehp1eSsed. or
limiarion of the Seler's liability which may he specified in this Cone= its appendices, its
schedules, its coaxes or my document incorporated in this Contract by rel'essncce.
10. SAFETY WARRANTY. Seiler warrants that the product wid to the Boyer shall confiarm to
the standards pnanolgated by the U. S. Deporptent of Iabor under the OucaputioW Safety and
Haft Ace of 1970. In the event the product does not cmf sm a to OSHA smdards. Bayer may
return the p mehorr for comecion tsr mosca ant as the Seller's expanse. In the even) Seiler
faits to mew the appropriate correction within a miumuible time, correction mode by Buyer
will be a to Seller's expense.
It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. Aspart ofduacuamat far
sack Seller agrees to uncertain whether gmnds mannufaturd in accordant with the
specifications imached to this agree.. will give rise to dun rigMd glom army third pssaan
by wit of enGistganwr of the hie. Bvyr nrkea m warranty duat des pmdustiow of pods
according to the specification will not give rise to such a c6im, rd in noevens almll Buyer be
liable to Selr far indmnificatem in the evert that Seller is sued on de grweb of
iri irrgen our of doe like. If Seller is of des opinion them ioEingemco ur the like will reanit
he will uutily the Buyer to title effect ie writing within two weeks ahw On signing of this
sgscenrctY. if Buyer does not me ave noticed Is utaapently held liable Air dun
mfrirngeutat or the like. Seller will we Bader hnmkss. If Seller in good faith amsrra the
production of des g+dr in accmtlium with the spaiRentime will mine in infringe to m the
like, the axerm shall be null and void.
12. RIGHT OF INSPECTION. Boyer shall have the right to iropaat the goods at delivey befaa
wing them.
13. CANCELLATION. Buyer shall have the right to cancel fordebelt all or any part order
undativamd portion or us order if Seller Iaa sty dtee lama Iweof indudiag wanndes
of Sellr ace If t e Seller becomes insolvent or mmsdn nsio of baeknsptey. Such right of
cawsllotim at in addmm to and not in lieu of asy other remedies which Bu yar may have in
law or may.
14. TERMINATION. The pwformaruor of wait under this order may be nominated in whole, or in
part by the Buyer in accordance with this pravisiaa Termination of watt hemoulor WWI be
elfecead by the delivery of t e Seiler ors "Noticr ofTermirWim" specifying the exert m
which performance of wort under the ab rin terminated and the dace upon which smdh
termination basornsea effective. Ssedu rigb or trrmirrtae is is additium m roil sac b Bat ttf dun
rights tnf Brgm' set forth in Clans I7. brria
It FORCE MAJEURE. NeWo r perry shall be held responsible for lour, running if des
lWguemt army tar of provhaiass of ilia omaaat 6 dakyed err prewesstit by any caw not
within tun oahWoi arthe perry whose pafiumrrco is Imerfinad wide and which by the nsecia
of romond k dilig, acid perry 6 u able topnwmL
16. ASSIGNMENT-DEI MATTON. No right at iaraat it this mlhkmet shall be reigned or
ekkgadoe army obligation made by Seller wi boat dun waiam permission order Bqw, Any
mu pled mopwm t or dehegatme by Sear shall be wholly void sand mostly uwfhcdve far all
Fupom under eade IN con0 ly with chat prmgra k
17. WAIVER. No claim or right arising art of s inn ad of this tmrmaee can be d6chaeged in whole
or in past by a waiver or rommulstm order claim or rigir und Our waiver or mom eciatkn 6
sutppottad by considered- d Is in writing sad by the segrhevd party.
12: INTERPRETATION -PAROLE EVIDENCE Tlhis writing, plan ary specification for bib ant
performance provided by Buyer in its advertisement for bids, d try odor documents
provided by Seller as part of his bed, is innerlded by the parties as a fad expression of t eir
agreement and interubm aim as a etimplea and exclusive sutemam of the tome of their
agnmrea. Whenever a term defined by rise Uniform Cormaneiel Code is used in this
agmctrent, the definition conteirwd in the Cude is to rnmd.
19. APPLICABLE LAW. ibis semesters dhdl to governed by the UoiFan Commercial Carle.
Whom aver the term "Uniform Commercial Cods" is wad. d AM be convened as Warning the
Uniform Comm evcak Conk as @dope d in the Sur of Tun as effective ad in forest an the
duneorthisaan., ,ttL
20. RIGHT TO ASSURANCE Wherever on Perry to this connma in pod &Ub has naann to
question the Oder parry's im env a perform he may demand ohm tun aher prey give written
aaoureree of hie isrunt m perfbrnt M dun aver dui a d'kaaad is ode d m asshmmew ion
Oven within Rasa (3) dley% the dentaadbtg party my out ilia fbllrant as an smicipuay
repudiation ardor con r"
21. INDEMNIFICATION. Seller shall indor, ify. keep end save harmless the Buyer, its agents.
officials and employees. against ail injries, dads. Ima, damages. chino, patent claims, suits,
liabilities, jodgewnr, gush and exposer, wlmay in anywise emow Mown" rise Bayer in
Lm"t ounce of the granting of thin Contract or which may anywise result therefrom, whathe
ormt it "I be sllegd ordeermimW dws the act wet caused dmmjet uoigmm or omission
of tie Seger or its enploysas, orof the vAWlr or assist or its employets. if array. and the
Seiler AWL at his owe expose, appear, deread and pay all charges of egrmeys rd oil cosh
and filer expntseo arising terefrom of incvmsmd in cormctkm d-- with red if hey judgoam
"I bun remkrad agsiat dun Buyer in any such action, the Seller shell. at hts own ex pe ses.
saitfy d discharge the sam Seiler expressly rrlersdrr6 and agrees rue any bond required
by this co mm or otherwise pnwided by Seller. shell in an way lime tea responsibility m
idmify. keep rod rave harmless wd dire nd the Buyer m herein provided
22. TIME. It Is hereby expressly agreed and undm000d them non is of the eme nce for rise
perftxmusae of dais co+tao. and failure by cmWait m roue de time speciricmbuats of this
agreement will cans Seiler in be in olefodt orthis Agreement.
23, MBE. The City of Lubbock hereby notifies ell bidders dal in regard 10 try contract entered
into pursumt to this req em. asininity all women business enterprises will be alTordd spud
opponmtitia on submit bids in retponae to dtat invitation ad will tea be dixYimirimed auganne
on the graurds of race. color, sex or naerd origin in consideration for an award
Rev.08/2005