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HomeMy WebLinkAboutResolution - 2009-R0273 - PO - Global Pumps & Equipment - Emergency Repairs To Effluent Pump - 07_28_2009Resolution No. 2009-RO273 .July 28, 2009 Item No. 5.5 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, Purchase Order No. 350317 for emergency repairs to an Effluent Pump at Pump Station #2, by and between the City of Lubbock and Global Pumps & Equipment of Lubbock, 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 this 28th day of July , 2009. TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: City Manager APPROVEP�-,S TO FORM: r Chad Weaver, Assistant City Attorney vw/ccdocs/Chad/Resolutions/RES.Global Pumps & Equipment-PurchaseOrd July 16, 2009 TO: i Y O URCHASE ORDER GLOBAL PUMPS & EQUIPMENT LTD 515 E 50TH PO BOX 3786 LUBBOCK TX 79452 Page - 1 Date - 7/21/09 Order No. . 350317 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK WATER RECLAMATION PLANT 3603 GUAVA AVENUE LUBBOCK TX 79403 INVOICE TO: CIT1' OF LUBBOCK _ ACCOUNTS PAYABLE e P.O. BOA 2000 LUBBOCK. TX 79457 BY: Ordered - 07/16/09 Freight - Fob Destination rrt Frepa!G Requested - 07/28/09 Taken By - FELIX ORTA Delivery - PER G. SIMS REQ# 32928 EMERGENCY PURCHASE Description / Supplier Ite ---------------------------- REPAIR EFFLUENT PUMP AT PUMP STATION #2 Ordered UM Unit Cost UM Extension Req. Dt 1.000 -. EA ----------- 30,241.9900 -- EA ------- 30,241.99 07/16/09 This purchase order encumbers funds in the amount of $30,241.99, awarded on July 28, 2009, to Global Pumps & Equipment, LTD of Lubbock, Texas. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated July 14, 2009, from Global Pumps & Equipment, LTD of Lubbock, Texas. Resolution# 2009-RO273 CITY OF LUBBOCK Tom Martin, Mayor ATTEST: - 'Q Azg:", Reber a Garza, City Secre Total Order ........................................................ ------------------------------------------- Terms NET 10 EOM30,241.99 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 w ill package goods m aceordance with good eommereral practice Each shipping container shall be clearly and perrnmently marked as follows fat Sellers name and address, 4bf Consignee's name, address and purchase order or purchase release number and the supply agrcr:mcnt number if applicable, (c) Container number and total number of cnmamers. e.g. box I of 4 boxes. and I d I the numhen of container hearing the packing slip Seller shall hear cost of packaging unless otherwise provided Goods shall he suitahly packed to secure Invest transportation costs and to column with requirements of common carriers and anv applicable speednatroris Buyer's awns or weight shall be final and conclusive on shiprocr nil accompaitred by pack mg lists '_ SHIPMENTLINDER RESERVATION PROHIBITED Seller rs tin authsmreJ W .hop the grads under reservation and no tender ofa hill of lading will operate as a tender of gaxls 3 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of deliver' 4 NO REPLACEMENTOF DEFECTIVE TENDER Every lender ul delivery of goods must fully comply wall all provisions ofthrs contract as to time of delivm. qualm and the life If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to sulivutute a conforming tender, provided, where the time for performance has nut yet expired. the Seller may reasonably notify Buyer oil' his intention to cure and may then make a conforming tender within the conlrart time but not allerward S 1NVOICE:S & 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 lnvtxm shall be iternimd and transportation charges, if any, shall ire listed separately A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To Accounts Payable. City of Lubbock, P O Box 20CX)• Lubbock, rexas 79457 Payment shall not be due until Ilse above instruments are submilled after delivery 6 GRATUITIES The Buyer may by written notice to the Seller, canted this contract withuut liability to Seller if a is determined by Buyer 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 ice securing a conitracl or securing Favorable treatment with aspect to file awarding or amending, or the making of am• determinations with respect to oho performing of such a contact In the event this contract is canceled by Buyer pursuant to this provision. Buyer 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 7 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 filling this order, such special tooling equipment and any process sheets related therein shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such 8 W.ARRAN'TY-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 tin orders by others fix products of the kind and specification covered by this agreement for similar quantities under similar of 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 others, or in the alternative Buyer may cancel this contract without liability to Seller foie breach or Seller's actual expense b The Seller warrants that no person or selling agency has been emploved or retained to submit or secure this contract upon an agreement or undersranding for commission, percentage, brokerage. or contingent fee excepting bona fide employees of bona fide established coPmnercial or selling agencies maintained by the Seller for the purpose of securing business For breach of vicration of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without Iiahitity and to deduct from the contract price, or ,itherwise recover without liability aced to deduct from the contract price. or otherwise recover the lull 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 so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification• drawings, and descriptions listed in the bid mvitabon, and to the samplelsl furnished by the Seller, if anv In the event ofa conflict m between the specificaunm, 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 -Gee result in the processing dale and date related data (including• but not limited to calculating. comparing and sequencing) of all hardware. soBware and firmware prrducta delivered and scry ices provided under this Contract, mdn iduafly or in cumbinatiom as the case may be from the effective date of this Contract Also. the Seller warrants the year2000 calculations will be recognized and accommodated and wall nit, in any way', result in hardware, software or firmware failure. The City of Lubbock, at its sole option, mar require the Seller, at any time. to demonstrate the procedures it intends to Follow in order to comply with all the obligations contamed 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 Cal, of Lubbock under this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including. but not limped no. its right pertaining to termination or default The warranties contained herein are separate and discrete from any other warranties specified in this Contrac6 anwarranty, implied are not subject to any disclaimer of warranimplied or expressed. or limitation of the Seller's liabitiy, which may he specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this C omins't by reference 10 SAFETY W ARR ANTY Seller warrants that the product sold w the Rover shall conform to the standards promulgated by the L 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 lads to make the appropriate correction within a reasonable time. correctron made by Buyer will be at the Seller's expense I I NO WARRANTY BY BUYER AGAINST INFRINGE'dFNTS As part ofthrs contract for sale Seller agrees to ascenam whether goods rmarnfactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any, third persin by way of infringement of the like Buyer makes on warranty that the product inn of goods according to the specification will Prot 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 of the like If Seller is of the opinion that an in Gingement m the like will result. he will not il`ti the Buyer to this effect In writing within two weeks after the signing of thss agreement If Buyer does nil recei.e notice and is subsequently held liable for the infringement nr the like. Seller wvll sate Buyer harmless If Seller in goad faith ascertains the production cif the goods in accordance with the specifications will result in mfr ngement or the like- the contract shall be till and void I: RIGHT OF INSPECTION Buyer shall have the right to iaspen the goods at dehvery before accepting them 13 CANCELLATION, Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order dSeller breaches any of the 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 of any other remedies which Buyer may have in law or equity. 14 TERMINATION The performance of work under this order maybe terminated in whole, or in pan by the Buyer in accordance with this provision Termination of work hereunder shall he eflected by the delivery of the Seller ofa "Notice of Termination `specifying the extent to which performance of work under the order is terminated and the date upmt which such termination Fiecomes effective Such right or termination is in addition to and riot in lieu of the rights of Buyer set forth in Clause 13, herein. 15 FORCE M.A3ELIRE Neither party shall he held responsible for losses. resulting if the fulfillment of arw terms of provisions of this contract is delayed or prevented by anv cause na within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said parry is unable to prevent I b ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformrtv with this paragraph. 17 WAIVER. No claim or right arising out ofa breach if this 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 18 INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications fur bids and performance provided by Buyer in its adverusemenl for bids. and any other documents provided by Set ler as pan of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of tree lemma of their agreement Whenever a term defined by the Uniform Commercial Cade is used in this agreement. The definition contained in the Code is to control 19 APPLICABLE LAW. Thes agreement shall be governed by the Umfomv C'onimercral Code Where ever the term -Uniform Commercial Code • is used, it shall be construed as meaning the Uniform Comrercal Code as adopted in the State of Texas as effective and ut force on the date of this agreement. 20 RIGITT TO .ASSUR.ANCE 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 mtenl to perform In the event Thal a demand is made and no assurance is given within five (5) dam, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21 INDEhINIFICATION, Seller shall indemnify, keep and save harmless the Buyer. its agents. officials and employees, against all injuries, deaths, loss, damages, claims. patent claims, suns, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom 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 subSeller or assignee or its employees. if anv, and the Seller shall, at his own expense, appear. defend and pay all charges of attomeys and all ixwts and other expenses arising therefrom cif incurred on connection therewith, and, if arty l udgnrtcnt shall be rendered against the Buyer in am• 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 eontract, or otherwise provided by Seller, shall in ro way limit the rit insibilq 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 of the essence for the performance of this contract. end failure by contract to meet the time specifmations ofthrs agreement will cause Seller to be in default of this agreement 23 MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to thin request, minority and women business enterprises will be afforded equal upponmunes to submit bids in response to this imitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award Rey. 08/2005