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HomeMy WebLinkAboutResolution - 2012-R0153 - PO - Godwin Pumps Of America - Trailer Mounted Trash Pump - 04_10_2012Resolution No. 2012-RO153 April 10, 2012 Item No. 5.14 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. 22101380 for the purchase of trailer mounted trash pump, by and between the City of Lubbock and Godwin Pumps of America of Bridgeport, New Jersey, 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 10, 2012 TOM MARTIN, MAYOR ATTEST: -4Q �0-^ - Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Mark earw d, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Godwin Pumps-PurchaseOrd February 23, 2012 Iubb'ock TIIAf PURCHASE ORDER TO: GODWIN PUMPS OF AMERICA 84 FLOODDGATE ROAD BRIDGEPORT New Jersey 08014 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 74457 Page - I Date - 03/06/2012 Order Number 22101380 000 OP B ranch/Plant 221 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 Ordered 02/23/2012 Freight Requested 06/14/2012 Taken By C ISAACS Delivery PER TREVINO_M REQ 39144 BUYBOARD CONTRACT NO. 344-10 Description/Supplier item Ordered Unit Cost UM Extension _ Request Date Trailer Mounted Trash Pump 1.000 41,569.3200 EA 41,569.32 06/14/2012 Godwin Dri-Prime CD 150M Critically Silenced Diesel Pump Total Order Terms NET 30 41,569.32 This purchase order encumbers funds in the amount of $41,569.32 awarded to Godwin Pumps of America of Bridgeport, NJ on April 10, 2012. The following is incorporated into and made part of this purchase order by reference: Price quotation number 114005821, dated February 10, 2012 from Godwin Pumps of America of Bridgeport, NJ and BuyBoard contract # 344-10. Resolution# 2012—RO153 . CITY OF LUBBOCK Tom Mart' , Mayor ATTEST: Rebec a Garza, City Secretary TERNIS AND CONDITIONS IMPORTANT: READ CAREFU LLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK,T£XAS Seller and Buyer agree as follows: 1 SELLER TO PACKAGE HOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as fellows (er) Seller's name and address. (b) Consignee's name, address and purchase order w purchase release number and the supply agreement number if applicable. (c) Container number and ftal number of container, a-g. boa I of 4 boxes, and id) the number of the container bearing The packing ;lip. Seller %ha0 bear cost of packaging unless utherwise provided. Goods shall be suitably packed to secure lowest transportation costa and to conform with requiremnus of common carom and any applicable upnn8cations. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing list&. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reser%ation and no tenderof s hill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of Ions of the goods shall not pass to Buya until Buyer actually receives and takes possession of the goods at the point or points of delivery. A. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract u to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seiler 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 make a conforming tender within the contract time but not aflaWand. 5. INVOICES & PAYMENTS, it. Seller shall submit wparste invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase mines number and the supply agmernent number if applicable. Invoices shall be Itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail 'To: Account& Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above insutmtenu ate submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seiler if it is determined by Buyer that gratuities, in the form of ent"Inment. gifts M 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 securing favorable tteourent with respect to the awarding nr amending, or the making of any determinations with respect to the performing of such a contract. In the event thin contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any outer rights and reredim to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS A 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 mating equipment and any process sheen minted thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such 8. WARRANTY -PRICE. it. 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 ahem for products of the kind and specification covered by this agreement for similar qu unides undo similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items %hull be reduced to the Seller's current prices m orders by others, or in the allernanive. Buyer may cancel this contract without liability to Seiler for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency his been employed or retained to solicit or secure this contract upon an agreement or undemanding for commission, percentage, brokerage, or contingent fee excepting boa fide employees of bona ride csablishod commercial or selling agencies maintained by the Seller fox the purpose of securing busineu. For breach of viciadon of this warranty the Buyer shall have die right in addition to any other right of rights to cancel this contract without liability and to deduct Rom the contract price, or otherwise recover without liability and to deduct from the contrG price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9, WARRANTY -PRODUCT. Sella doll 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 famished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sumyslele) furnished by the Seller, if any. In the event ofit conflict or between the speeificatiom, drawings, and descriptions, the spectficatiau shall govem. Notwithstanding my provisions contained in the contractual agrees N L. the Seller represmu and warrants fault -Rise perfbrmusrce and hult-foes result in the processing data and date related dais (including, but rot limited to calculating, comparing and sequencing) of all hardware, rofiware and fnm vmm products delivered and services provided under this Contract, individually or in combirsatios, as the can may be from the effective time of this Contract. 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 peoducis end services to he delivered to the City 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 is rights under the law and under this Contract including, but not limited to. its right pertaining to termination or default. The warranties contained herein arc 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 of the Seller's liability which may be specified in this Contract. its apperdica, its scheuiules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Sella warrants that the product sold to the Buyer shall conform to the standada pmnwrlgated by the U S. Department of Labor under the Occupational Safety and I lealth Act of 1970. In the event the product does not conform to MIA sunndards, Buyer my return the product for correction or replacement at the Seller's eapenae, In the event Se11a fails to nuke the appropriate correction within a ressornable tithe, correction made by Buyer will be at the Seller's expense. - I I, NO'AARRAN TY BY BUYER AGAINST 1NIRINGEMENTS. As pan ovf this contract for sale Seiler agreet to ascertain whether goads manufactured in accordance with the specifications attached to this alp eernice a will pve rise to the rightful chum of any third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give nu to such a claim, and in no went shall Buyer he 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, he will notify the Buyer to this effect in writing within two weeks alter the signing of this 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 ascertama the production of The goods in accordance with the specifications will result in infringement or the like, the contract %hail be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. C'ANCELLA I -ION. Buyer shall have the tight to cancel for default all or any pan of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits act& 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 perfnmmtace of work under this order may be terminated in whisk. Min pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Noice 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 of the rights of Buyer set forth in Clause 13,. herein. 13. FORCE MAJEURE. Neither party shall W held responsible for losses, resulting if the fulfnllmmt of any terms of provisions 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 difigence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or internal in this contract shall be assigned M delegation of any obligation made by Seiler without the written permission of the Buyer. .Any attempted assignment or delegation by Seller shall be wholly void and foully ineffective for all purpose unless nude in conformity wish this paragraph. 17- WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver or renunciation of the claim of fight unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids end perfarr oMe provided by Buyer in its advertisement for bids, and any other documents provided by Seller as pan of his bid, is intended by the panic@ as a final expression of their spearmint. and intended also as a complete and exclusive statement of the term of their agreement Whenever a term defined by the Uniform Commercial Cede is used in this agreement, the definition contained in the Cote 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 construed u meaning the Uniform Commercial Code u adopted in the State of Texas as effective and in farce on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this conuact in good faith has reason o question the other pony's intent to perform he may demand that the tiler pony give written assurance of his intent to perform. In the event that a demand is made snd no assurance is given within five (5) days, to demanding party may treat this failure u an anticipatory repudiation of the contract 21. INDEMNIFICATION. Seller shall indanmtify, keep and save harmless the Buyer, its agmm officials and employees. aping all injuries, deaths, loss, damages. claims, patent claims, suita, liabilities, judgments, costs and expenses, which may in anywise accrue agama the Buyer in consegtmrrA of the granting of this Contract or which may anywise result therefrom, whether or not it shaft be alleged or determined that the acl was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its emrrpictimm if my, and the Seller shall, at his own expends appear, defend and pay all charges of attorneys and all costs and other expenses arising theireflom of iricurrie d in cfmnerRlon therewrdh, and if any judgment %hall be rendered sgainsnt the Buyer in my such actkwL the Seller shall, at its own expenses, satisfy and discharge the soma Seller expressly understands and agrees that any bad required by this contract, or otherwise provided by Sella, shall in no way limit the responsibility to indkmnilj,, keep and save harmless and defend the Buyer is herein provided 22, TIME, It it hereby expressly agreed and understood dust time in of she essence for the performance of this contract, and failure by contract to meet the time specdicatiom of this agreement will came Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders than in regard to any contract entered into pursuant to this request. minority end women business enterprises will W afforded equal opportunities to submit bids in response to this invitation and will not be di"nsinsted against on the grounds of rate, color, sex or nauaal origin in consideration for an sward 24, NON -ARBITRATION. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forum of relief in a coat of component jurisdiction. Further, the City shall not be subjecs to any arbitration process prior to exercising its unrestricted right to seek judicial rertiedy. The remedies set forth herein am cumulative and not exclusive, and may be exorcised concurrently. To the extern of any conflict between this provision and another provision in, or related w. this document, this provision shall central. 25. RIGHT TO AUDIT. At any time during the torn of the contract, or thereafter, the C'iy, or ■ duly authorized audit representauve of the City or the Sate of Texas, st is e%penw .rid at reasonable tunes, reserves the right o audit Contactor', records and books rele�anl to all services provided to the City under this Contract. In the event such an .rude by the t it, , cd cols any anon or overpayrrrms by the City, Conutator shall refund the City the full dm.,uut of such overprymenu within thirty (30) days of wich audit findings, or the City, at is, resena the right to deduct such amounts owing the City from any payments due C.mu.i, t,K Rcv 02 2012