HomeMy WebLinkAboutResolution - 2012-R0197 - PO - Gicon Pumps And Equipment - Pump Bowl Assembly - 05_30_2012Resolution No. 2012—RO197
May 30, 2012
Item No. 5.9
RESOLUTION
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. 22101548 for the
purchase of 2 stage pump bowl assembly, by and between the City of Lubbock and Gicon
Pumps and Equipment of Abernathy, 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
TTEST:
Garza, City Secretary
APPROVED AS TO CONTENT:
Reed, P.E., Chief
VED AS TO FORM:
inQ Officer
Weaver, Assistant City Attorney
Gdocs/Ri S.Gicon Pumps-PurchaseOrd
8, 2012
A�'.rE./"r
Unpmm FSCSWte ffiignaftre of Public
Oftkft Act, Ch. 61k Tx GOV't Cocas
ity of
iubbto--kII
TO
PURCHASE ORDER
GICON PUMPS & EQUIPMENT
P.O. Box 340
ABERNATHY Texas 79311
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK. TX 79457
Ordered 05/07/2012 Freight
Requested 09/07/2012 Taken By
Delivery PER MCDOLE_C REQ 39643
Description/Supplier Item
2 Stage Pump Bowl Assembly
20" x 2-3/16" Column Pipe
16-1/2" x 20" U-Head
250 HP VHS 900 RPM Motor
Installation Service Work
Terms NET DUE ON RECEIPT
INCI IRANC'F C'FRTIFiC'ATF RFf'1111RFr?°
SHIP TO:
ROTATION LIST
Resolution No. 2012—RO197
Page - 1
Date - 05/07/2012
Order Number 22101548 000 OP
Branch/Plant 6347
CITY OF LUBBOCK
WATER TREATMENT PLANT
ATTN OL PLYMELL
6001 NORTH GUAVA AVENUE
LUBBOCK Texas 79403
Nc
D GAMBOA
Ordered
Unit Cost
UM
Extension
Request Date
1.000
43,503.6700
EA
43,503.67
09/07/2012
1.000
13,837.1000
EA
13,837.10
09/07/2012
1.000
3,804.6700
EA
3,804.67
09/07/2012
1.000
38,261.5600
EA
38,261.56
09/07/2012
1.000
7,150.0000
EA
7,150.00
09/07/2012
Total Order
106,557.00
Commercial General Liability, per occurrence- $1,000,000
Employer's Liability and/or Occupational Medical and Disability
Automotive Liability -Any Auto $1,000.000
and Worker's Compensation, Stn"Mltory Amounts-$500,000
City of Lubbock is named as primary additional insured on a primary and non-contributory basis on Auto/General Liability, to include
products of completed operations endorsement, and with a Waiver of subrogation in favor of the City of Lubbock on all coverage.
This purchase order ratifies a purchase in the amount of S106,557.00 is awarded to Gicon Pump and Equipment The following is incorporated into and
made part of this purchase rder onMay30, 2012 by reference: Price quotation # BT032112-A, from Gicon Pump and Equipment, Abemathy, Texas,
Resolution# 2012— 0 7 . ff��
CITY OF LU
Glen
A' EST:
Rebecl Garza, City Secretary
t)vgkx Facdnr fe SiguMm of PU134C
offtlAls Ad, CIL 61a, Tx GaA Code
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD'TERIIIS AND CONDITIONS
CITY OF LUBBOCK. TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS. Seller will package goods in eccardamti with good
commercial practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address, (b) Coasigmea's name, address and purchase order or
purchase release munba and the supply agreement mtmbr if applicable, (c) Container number
and total number of containers, e.g. boa I of 4 boxes, and (d) the number of tie container
bearing the packing slip. Sena shall bar coat of psrJtagng unless otherwise provided Goods
shall be suitably packed to secure lowed transportation cons and to conform with requirements
of common carriers and any applicable specifications. Buyer's count or weight shall be find
and concituirean shipments not accompanied by packing lists
2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the
goads reeler msavmtian and no terwlerof a bill of lading will opmue mes benderof gaada.
3. TITLE AND RISK OF LOSS. The title and risk of low of the goods dull not pm to Buyer
until Buyer actually receives and takes posseaim of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the lAe. If ■
tender is made which don not fully confarm, this shall constitute a breach and Sella shall not
have the right to substitute a conforming tender, provided, wham the time for performance has
not yet expand, the Senor may reuoaably neatly Buyer of his intention to cure and may than
cuau a conforming tender within the contract time but mat afterward
S. INVOICES A PAYMENTS. a. Sella then submit separate nvoiea, is duplicate, arse each
purchase order or pachass release after each delivery. invoices shall indicate ttw purchase
order or purchase releae number and the supply agreement number if applicable. lavolep
shall be itemized and transportation ch trilm if cry, shall be listed scpsmecty. A ropy of the
big of lading, and the $eight waybill when mpplicabk, should be attached to the invoice. Mai!
To: Azcaues Paystakk City of Lubbock, P.O. Box 2000. Lubbock, Tare 79457. Paynma
shall sae be due aril the above inso mesas me submitted after delivery.
6. GRATUITIES, The Buyer may. by written notice to the Sella, caned this contract without
liability to Seller if a Is tfatamfined by Bayer that patufttfea, In the farm of mse+aiomen6 gifts
or otherwise, were offard or given by the Seller, or any spat or representative of the Seller, to
any officer or employee of the City of Lubbock with a view 10 securing a contract or securing
favor" treatment with reapetx to the swardig a amandmg, cat the making of my
determinations with ruapat to the prfbrmiy of such a comtreed. is the event this contract is
canceled by Buyer pursuant to this provision. Buyer shall be entitled in addition to my other
rights and rtmedss, to recover or withhold *a amount of the cost Incurred by Seller in
proviang such gruuiia.
7. SPECIAL TOOLS d TEST EQUIPMENT. If the price stood on the face harof include the
cost of easy special booting or special bed e*dpm m fabricated or required by Sella far the
purpose of filling this adee such special tooling atprhpnest and any process sheets related
them shall became the properly of the Buyer trod to the extent feasible shall be kka6fied by
the Seller a sock.
2. WARRANTY-MCEL
a. The price to ise paid by the Buyer shall be that contained is Seller's bid which Seller
warrants to be on higher than Selleft current process an orders by others far products of the
kind and specification covered by defy agreement for similar quattitics under similar of Idle
conditions sod muethcrda of purrdua. in the event Seller breaches this wormy. the prim of
tie items shall be atdooed to the Seller's carnal price on Orden by otters, or in the
alterative. Buyer may cancel this contract without liability to Sella for breach or Salla's
actual expense. b, The Seller wrens that no person or selling agency has bete emphoyad or
retained to solicit or secure this contract upon an speement r understanding. for commission,
pacer age, brokerage, or contingent fee excepting bons ride employees of beta fide
established commercial or selling agencies maintained by the Seller for the purpose of securing
business For I I of viclatlan of this warranty the Buyer shall have the right in alditfou to
any other right of rights to cancel this comhsd withal lability and to deduct tints the confral
price at aherriso recover wirho t liability and to deduct Ram On txrntsct prim or otherwise
recover tin fad ammms of such commission, percentage. brokerage at contingent Rn
9. WARRANTY -PRODUCT. Sella " not limit a exclude miry implied warranties and soy
attar to dD so shall render this contract voidable at the option of the Buyer. Sella worms
that the pods fiamisbed will conform to the specifcato% drnrfmp, sad descriptions listed n
the bid Invitation, sand to the sample(s) fiunshod by the Seller. if may. ha the event of a con fiict
or between the specifications, drmwings, and descriptions, the spectRutiam shill govern.
Notwithasmfsq any provisions ceasiaed in the c rrmaimml apeanci t, the Seiler represents
sod waeanrs fialt-Res paformoom and huh -bee newt to the proomari; debts and niece related
data faschadiog, he out limbed to calculating, cornporimg and sequencing) of all ltrdos m,
software and f8mware products dethwed and services provided under this Contract,
indivi pally or as combnstims, a the cue may be Rom the effective dose of this Contract.
The obligdias contained ban apply to products and saviea povulml by des Salter, its sub-
SeBr or ay third parry bivalved in the creation or developmat of the paducts and services to
be delivered to the City of Lubbock under this Contarct. Faihae sornmply with ay of the
obligations comtaned bran, msy result in the City of Lubbock availing itself of my of is
rights under the law and under this Contract Wisdng, bud not limited to, fa right po tswing to
termination or def A The w it its contained herein are se iterate and dlscrgs Rots may
other vrarraoaee specified Is this Camases, and era out subject to any disclaimer of wrtm aW.
implied or esp es" r limitatiom of the Seller's liability which may be specified in this
Caoaact. its sppendicm fts schedules, Is ansexes or my document Incorporated in this
Contract by reference.
10, SAFETY WARRANTY, Seller warrants; that the product sold to the Buya shall ccrtform to
the stand" promulgated by the U. S. Depanmaae of I.sbar under the Occupational Safety and
Hash Act of 1970. in the "to the product rice not conforta to OSHA turmderds, Buyer may
term the product for crrectios r replacement me the Seller's expense. In dre event Seller
fats to make the appropriate correction within a reasonable lino, correction made by Buyer
will be at the 9a11er's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
tab Seller sports to ascertain whether goods mmufmctured in accordance with ths
specifications attached to this agreement will give rim to the rightltal chains of my third person
by way of tuft element of the like. Buyer makes no wrsenty that the production of goods
according to the specification will not give rise to such a claim and in no event shall Bmya be
liable to Sella for indemnif mini n the event that Sella is sued on the grounda of
infiingeosau of the Ike. If Sella is of the opinion thin an infringcmm or the like will result,
he will corny the Buyer to this effect in writing within two weeks after the sigping of this,
agreement. 'If Buyer does not receive notice and is sulrseyuently held liable far the
iuRingement or the like. Sella will save Buyer harmless If Seiler in good faith ascertains the
production of the goads in accordance with the sreeificdionm wtil result in infringement or the
like. the contract shall be null and void.
12, RIGHT OF INSPECTION. Buyer shall have the right to inspect the goads as ddhwy before
Ong them.
13. CANCELLATION. Buyer shag have the right to cancel for defimdl all or soy part of the
undelivered ptrtion of this order if Sedlerhaeeches any of tie teems hereof including warrayies
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 arty oche remedies which Buyer may have in
law or equity.
l4, TERMINATION. The performance of world under this order may be lamnated in whole, or in
pen by the Buyer in acco lance with this provision. Terminative of work heminsdr shall be
effected by the delivery of the Sella of a "Notice of Termination" spt:66* the extent to
which performance of work under the ardor is terminated and the doe upon which such
termination becomes effective. Such right or termination is in addition to and rat is lien of the
rights of Buyer set Forth in Claims 13, haen.
IS. FORCE MAJEURE. Neither patty shell be held responsible for looms, resulting if the
fulfillment army teens of provisions of this contract is delayed or prevented by my cam mot
within the control of the patty wham paiarmmom is interfered with, and which by the exercise
of maaonabk ddfgaroo said parry Is us" to prevent.
16. ASSIGNMENT -DELEGATION, No right or into ed in this coati shall be assigned or
delegation of any obligation made by Sella without the written paeaisslas of the Buyer. Any
attempted assignment or delegation by Seller alall be wholly void and totally ineflactiv for all
purpose unless merle is conformity with this parap"It.
17. WAIVER. No claim or right raising out of ■breach of this contra@ tan be discharged in whole
or in part by s waiver or renearestico of the claim or right tmlesm the waives or remmciaaion is
supported by conaderatio s and is a writing sipod by the aggrieved prey.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, phis sty speedicmtioua for bib and
performance provided by Buyer in star advatmemew for bids, and soy odor doe==%
provided by Seiler as put of his bid, is imbatded by des parties u a (foal expression of their
agreement and intended also as a cwmplese and exclusive Mdemmt of the lama of their
agreement. Whenever a tam defamed by the Uniform Commercial Code is used In this
ag memmt, the defioftim contaned in the Code is to coanei.
19. APPLICABLE LAW. This agreement shall be Qovaned by the Uniform Cernmercid Code.
Where cva the tam "Uniform Commercial Code" is used. it shag be construed as meaning the
Uniform Commercial Cade as adopted in the Stare of Texas an effective mod in farce as the
bee of dds specroat.
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good fitith his reason to
question the ad= parry's intent to pxfntm be may demand that the other party give written
assurance of his intro bD perform to the event that a demand to merle sod no assurance is
given within five (5) dM, the demanding Ply may and this faihre as an aotc(pmKay
repudiation of the no urseL
21. INDEMNIFICATION. Seller shall indenmify, keep and salve hornless the Ruya. is agents
officials and employees, against all iyuiea, daahhr, loan, damages, claims, pme* donna, snits,
liabilities, judgments, costa and expense, which may in anywiao accrue against the Buyer in
c«uegoemcn of tat psmbag of this CoaRset or which may anywise result thachpm, wlte I a
or not it dull be alleged or determined the the met was canned taough negligence or minion
of the Sella or its employees, or of the subSeller or millions r is employees, if ay, and the
Sella shall, as his own expnue, apper, defend end pay all charges of attorneys u d all Dori
and other exposure arfsng there5om of bacreed n connection thaewid4 nod, if my judgment:
shall be aerhderod against the Buyer in my such nation the Sella then, at is own exponm
sathly and dscbrge the sue Seller expressly umderstmda and agrees dun my band required
by this coamua or otherwise provided by Sella, shall in no way limit the respoombilfty to
indemnify, keep and smve hmmim mod defend to Buyer u hrefa provided.
22. TIME. B is hereby expressly speed and understood that time is of the essence for the
performance of this coemmA and failure by contuse: to comet the time peafiratia» of this
agreement will cane Sellar to be io dd ult of this agmemcm .
23. MBE. The City of Lubbock hereby notifies all bidden dud in regard to soy contract ciribm
ism prsumm to iris rcfluai mnat and women bhumesa enterprises will be afforded equal
opgrruniies so submit bib in spate to this invb ion and will not be discriminated agand
on the panda arms, s, color, out or natural origin in consideration for a award
24. NON -ARBITRATION. The City reserves the right to exemies my right r teanedy available to
It by law, contract, equity. or otherwise. including wWum limitation, the right to seek away ad
all frets of belief in ■court of campgas jurisdiction. Further, the City shag not be object to
my arbimatios process prior to exercising is matoricsad eight to seek judicial mum*. The
remedies sal forth heen are cumulative and seat exclusive and may be exercised coa ctumody.
To the extent of my cnnllid bete ata tbs prortabm ad anotbor provisionn or aeI t% this
document, this prm Wan shall control.
23. RIGHT TO AUDIT. At any time dharq the tam of the contract, or thereaRer, the City, or a
duly authorized audit mpieser wive of the City or the Sure of Texas, at is expense and at
reasonable times, reserves the right to suit ContrmetorI racorda and bode mutant to all
services pray uled b) 04 City undo this C orort In the erect start a alit by doe City tt-caha
ay aroma or overpeymetss by the City, Cmtratemr shall eeRard the City the fun amount of
sock ovrpsymats wtkn tbkty (30) days of each " findings, or the City. at is opNa4
reserves the right to deduct such amounts owing the City Rom my pryoans dub Contractor.
Rev. 02/2012