HomeMy WebLinkAboutResolution - 2000-R0156 - PO-Watermaster Irrigation Supply Inc.-Diesel Driven Portable Pumps & Accessories - 05_25_2000Resolutiou No. 2000-R 0156
May 25. 2000
Item No. 37
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, a Purchase Order to furnish
diesel driven portable pumps & accessories, by and between the City of Lubbock and
Watermaster Irrigation Supply, Inc., 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 25th day of Hav 2000.
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ATTEST:
City Secretary
APPROVED AS TO CONTENT:
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Victor Kilm n, Purchasing Manager
APPROVED AS TO FORM:
illiam de Haas
Competition and Contract Manager/Attorney
Ccdocs/Purchase Order-Watemiaster Irrigation Supply, Inc-res
May 16, 2000
Resolution No. 2000-RO156
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Requested - 07/17/00 Placed By - LAURA RITCHIE (806)775-2163
Special Ins ATTN: MIKE BUXKEMPER REFERENCE ITB #00-102
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City of Lubbock Page - 1
U R C H A S E O R D E R Date 5/30/00
Order No. - 178739-000 OP
Brn/Pit - 3511
TO:
WATERMASTER IRRIGATION
BOX 64208
LUBBOCK TX 79464
SHIP TO:
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
600 MUNICIPAL DR
LUBBOCK TX 79401
Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt
DIESEL DRIVEN PORTABLE 2.000 EA 37,578.0000 EA 75,156.00 07/17/00
PUMPS AND ACCESSORIES, PER BID SPECIFICATIONS.
PIONEE PUMP, INC.
MODEL: PIONEER PRIME 8X6S2-BH-6068T-155 SILENT PACK
IMPELLER: STANDARD CLASS 30 GRAY IRON IMPELLER
This purchase order encumbers funds in the amount of $75,156 for a bid awarded Watermaster Irrigation of Lubbock, Texas on May 25, 2000
(Resolution #2000-110156) in accordance with your response to ITB #00-102, Diesel Driven Portable Pumps and Accessories. The following are
Incorporated into and made part of this purchase order by reference: bid submitted by your firm including the Bid Form; Specifications, and General
Conditions of ITB 000.156.
G F BBOC Af USP
W d Sitton, Mayor V Kaythie a ll, City Secretary
APPROVPD AS TO FORM: v
Total Order
William de Haas, Competition and Contracts Manager/Attorney
Terms NET 30 75,156.00
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
commercial practice. Each shipping container that) be clearly and permanently narked as
follows (a) Seller's mane and address, (b) Consignee's name, address and purchase order or
purchase release number and the supply agreement number ifapplieable, (c) Container number
and total number of containers, e.g. box 1 of / bow, and (it) the number of the container
bearing the packing slip. Seller shall bear cost ofpaekaging unless otherwise provided
Goods shall be suitably packed to secure lowest transportation costs and to conform with
requirements of Common carriers and any applicable specifiaticeiL Buyces count or weight
shall be final alit conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION 1 PROHIBITED. Seller is not authorized to ship the
goods under reservation and no tender of s bill of lading will operate as a tender orgoods.
3. TITLE AND RISK OF LOSS. The tide and risk of bat ofthe goods shall not pass to Buyer
until Buyer actually receives and takes possession of the goods a the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender ofdcrivery of goods must
Hilly comply with an provisions of this contract as to time of delivery, quality and the like. if
a tender b nude which does not fully conform, this shall constitute a breach and Seller shall
not have the right to substitute a conforming tender, provided, where the time for per-formance
has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and stay
then make a conforming tender within the contract time but not afterward.
* INVOICES & 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. Invoices shalt 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: Accounts
Payable, City of Lubbock P.O. Box 2000, Lubbock, Texas 79357. Paymcm shall not be due
until the above instruments are submitted alter delivery.
4 GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer tut gratuities, in the form ofenteruinment, gifts
or otherwise, were offered or given by the Seller, or any agent or reprtstntative of the Seller,
to any officer or employee of the City of Lubbock with a view to securing a contract or
securing favorable trearnent with respect to the awarding or amending, or the making of any
determinations with respect to the performing ofsueh a contract in the event this contract is
canceled by Buyer pursuant to this provision. Buyer shall be enticed. In addition to any other
rights and remedles, to recover or withhold the amount of the cast incurred by Seller in
providing such gratuities.
* SPECIAL TOOLS & TEST EQUiPMENT. If the price stated on the face hcrcof includes de
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
thereto shall become the property ofthe Buyer and to the extent feasible shall be identified by
die Seller as such.
IL WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that eonuhned in Seller's bid which Seller
warrants to be no higher tun Seller's current process on orders by others for products ofthe
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 it= shall be reduced to to Seller's current prices on orders by other, or in die
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actual expense.
It. The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission, perccnuge.
brokerage, or contingent fee excepting bona fide employees ofbona fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business.
For breach of vitiation of this warranty die Buyer shall have the right in addition to any other
right of rights to cancel this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full 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 tender this contract voidable at the option ofthe Buyer. Seller warrants
cut the goods furnished will conform to the specification, drawings, and descriptions listed in
die bid invitation, and to the sanmplc(s) furnished by the Seller, if any. In the event ors
conflict or between the specifications. drawings, and descriptions, the specifications shall
govern. Notwithstanding any provisions contained in the eoritnumal agreement, the Seller
represents and warrants fauh-flee performance and fauh-fin result In the processing date and
date related data (Including, but not limited to calculating, comparing and sequencing) ofall
bardwate, software and frmwarc products delivered and services provided under this Contract,
individually or It combination. 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
will not, in arty way, result In hardware, software or firmware faiture. The City of Lubbock at
its sole option, may requite die Seller, at any time, to demonstrate the procedures it intends to
follow in order to comply with all the obligations eomabied herein. The obligations contained
herein apply to products and services provided by the Seller, its nub -Seller or any third party Y._.
involved In the creation ordevelopment 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
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 limited to, its right pertaining to termination or default
The warranties contained herein an; separate and discrete from any other warranties specified
in this Contract, and arc act subject to any disclaimer ofwarranty, implied or expressed, or
limitation ofthe Seller's liability which may be specified in this Contract its apprndlcm its
sehedula, its annexes or any document Incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department ofLabor under the Occupational Safety
and Health Act of 1970. In the event the product does not conform to OSHA sandards, Buyer
may return the product for correction or replacement at the Seller's expense. to the evert
Selier fails to make the appropriate correction within a reasonable time, common made by
Buyer will be at the Seller's expense
t. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part oftbfs contract for
ale Seller agrees to ascertain whether goods manufactured in accordance with the
speeiGations attached to this agreement will give rise to the rightful claim of any third person
by way of inGintKmcut ofthe like. Buyer males no warranty that the production of goods
according to the specification will not give rise to such a claim, and In no event dull Buyer be
liable to Seller for indemnification In the event that Seller is sued on the grounds of
htfrhngen ent ofthe like. if Seller Is ofthe opinion that an infringement or, the like will restilt,
he will notify the Buyer to this effect In writing within two weeks after the signing of this
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringement or the hike. Seller will save Buys harmless. If Scllcr in good faith ascertains the
production of the goods in accordance with the specifications will result In infringement or the
like, the contract shall be null and void.
12. RIGHT OF INSPECTION. Buyer shall have the tight to inspect the goods at delivery before
aceepting them.
13. CANCELLATION. Buyer shall have the right to anal for default all or any part of the
undelivered portion ofthis order if Seller breaches any ofthc terms hereof including warranties
ofScller or if the Seller becomes Insolvent or commits acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu ofany other remedies which Buyer may have in
law or equity.
la. TERMINATION. The performance of work under this order may be terminated in whole. or
in part by the Buyer In accordance with this provision. Termination of work hereunder dull
be effected by die delivery ofthe Seller of &'Notice ofTennination'specifying the extent to
which performance ofwork under the order is terminated and the date upon which such
termination becomes effective. Such right or termination is in addition to and not b lieu ofthe
rights of Buyer set forth in Clause 13. herein.
13. FORCE MAJEUIiE Neither party shall be held responsible for losses, resulting ifthe
fulfillment of any terra of provisions of this contract is delayed or prevented by any "use not
within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence mid party is unable to prevent.
Id. ASSIGNMENT -DELEGATION. No tight or interest in this contract shall be assigned or
delegation ofany obligation nude by Seller without the written permission ofthe Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally ineffective for an
purpose unless mndc in conformity with this paragraph.
17. WAIVER No claim or right arising out of a breach of this contract can be dise6arged in
whole or to par 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.
Ill. MEPPRETATION-PAROLE EVIDENCE. This writing, plus any specifications far bids
and pcforance provided by Buyer in its advertisement forbids. and any other documents
provided by Seller as part of his bid, is intended by the panics as a final expression of their
agreement and intended also as a complete and exclusive statement ofthe terms of dleir
agreement. Whenever a term defined by the Uniform Commercial Code is used In dils
agreement, the definition contained in de Code is to control
19. APPLICABLE LAW. This agreement shall be governed by the Uniform CommereialCode.
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
date of this agreement.
20. RIGHT TO ASSURANCE. Whenever one party to this contra in good rash has reason to
question the other party's Intent to perform be may demand that to other party give written
assurance of bis intent to perform In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation ofthe contract.
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agenm
oRciAs and employees, against all injuries, deaths, loss, danugcs, claims, patent claims, wits,
liabilities, judgmets, costs and expenses, which nay in anywise acme against It Buyer in
consequence ofthe 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 Scller or its employees, or of the subScrer or assignee or its employees, Warty. and the
Seller shall, at his own expense, appear, defend and pay all charges of anomeys and all costs
and other expenses arising therefrom of incurred in connection therewith, and, ifany judgment
shall be rendered against the Buyer in any such salon, the Seller shalt, at its awn expenses,
satisfy and discharge the tame Seller expressly understands and agrees that my bond requind
by this contract, or otherwise provided by Seller, shall In no way limit the responsibility to
indcamify, keep and save harmless and defend the Buyer as herein provided.
22. TiME. It Is hereby expressly agreed and understood that time B of the essence for die
performance of this contract, and failure by contract to meet the time specificacons of thus
agreement will cause Seller to be In default ofthis agreemem.
23. MBE The City of Lubbock hereby gocfes all bidders that in regard to any Contract entered
into pursuant to this request, minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be disaimt mil against
on the grounds of race, color, rex or astural origin in consideration for an award,
G:PURCHlrEP MCOND. DOC