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HomeMy WebLinkAboutResolution - 2007-R0562 - PO - J&L Equipment - Submersible Pump And Controls - 12/14/2007Resolution No. 2007-RO562 December 14, 2007 Item No. 5.6 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 a Purchase Order Contract and any associated documents with J&L Equipment of Canyon, Texas, for purchase of a submersible pump and controls for the Water Treatment 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 14th day of December '2007 . DAVID A. MILLER, MAYOR ATTEST: Retie a Garza, City Secretary APPROVED AS TO CONTENT: ACIams, City Manager/Director of Water Utilities APPROVED AS TO FORM: DDres/J&LequipP0con07res December 7, 2007 PURCHASE ORDER TO:J AND L EQUIPMENT PO BOX 149 CANYON TX 79015 0149 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK. TX 79457 Page 1 Date - 12/07/07 Order No. 322182 000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK WATER RECLAMATION PLANT 3603 GUAVA AVENUE LUBBOCK TX 79403 BY: --------------------- Ordered 12/05/07 Freight . FOB Destination Frt Prepaid Requested 03/09/08 Taken By - FELIX ORTA Delivery - Per Quoted Jim Bodkin Description / Supplier Ite Ordered UM Unit Cost ----------- UM Extension Req. Dt ---------------------------- ITT F1ygt Np3301 Submers Pu ----------- 2.000 -- EA 38,946.0000 EA 77,892.00 03/09/08 Level Controller 1.000 EA 2,970.0000 EA 2,970.00 03/09/08 Pressure Transducer 1.000 EA 890.0000 EA 890.00 03/09/08 VFD 480 VAC 3 Phase Input 2.000 EA 6,350.0000 EA 12,700.00 03/09/08 This purchase order encumbers funds in the amount of $94,452, for submersible pumps and accessories awarded to J and L Equipment of Canyon, Texas on December 20, 2407. The following are incorporated into and made part of this purchase order by reference: Price Quotation , by Jim Bodkin. Resoltion: 2007-80562 CITY OF LUB O ;C �C David A. Miller, Mayor ATTEST: Rebec a Garza, City Secreta% Order ---------------------------------------- Terms NET 10 DAYS 94,452.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buysr agree as follows: 1, SELLER TO PACKAGE GOODS. Seller will package goods in accordance with goad cotnmecul practice. Each shipping container shall be clearly and petmmently marked as (.lbws (a) Selkr's name and addea, (b) Consist e's name, address and purchase order or purchase release number and rhe supply agreement number if applicable. (c) Container number and notal number of containers. e.g. box 1 of 4 boxes, and id) the number of the container bearing the picking slip. Sella shall bear cost of packaging unit= otherwise provided Goods shall be suitably pecked to secure lowed transportation coats and to conform with requireiren es of common carriers and any applicable specifications. Buyer's court or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods under reservation and no reader of s bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of baa of the goods shall not pass to Buyer until Buyer actually receives and taka possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER, Every tandrrofdsiivay ofsoods rad fully comply with all provisions of this contract a to time of delivery, quality and the lice. Ifs render is made which does ant fully aonforta this shalt constitute a breach and Seller shall rid have the right to substitute j conforming tender. provided, where the time for performance has not yet expired, the Sella may reasonably notify Buyer of his intention to cure add may teen snake a conforming tender within the contract Nie but not afterward 7. IN VOICES & PAYMENTS. a. Sella shall submit separate invoices, in duplicate, one each purchase order or purchase release aster each delivery. Invoices shall indicate the purchase order or purchase release number and the supply, agreement numbs il'applicable, Invoices shall be itemized and trmaportation charges, if my, dull be listed separately. A ropy 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 79457. Payment shall not be due until the above matrumems arc submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to die Sella, cancel this contract without liability to Seller if it is determined by Buyer tut grstuitim in the farm of emtexaintnmL gifts or odwwise, were offered or given by the Seller. or my swat or representative of the Sella, to any of iioa or cwk7 a of the City of Lubbock with a vier to ahear'g a contract or secnufmg favorable treatrmeht with rmpet to the awwdmg or amending. or to making of my determsuNms with respect to the puformms mf sech a c.ntrect. in do event this contract is canceled by Buyer pennant to this pruvislaa Buyer dell be entickd, in addition to my oder rights and rine '" to recover a withhold the amount of the cod Incurred by Seller in Providing wch set-ities. 7, SPECIAL. TOOTS A TEST EQUIPMENT. if de price mixed on the fax hereof includes the coat of any special wolimg or special tat equipment fabricated or required by Sella for the purpose of filling thin order, such special tooling equiptmem and my process sheets related thereto shall became the property of the Buyer and to the extent feasible shall be identified by the Seiler in such. ' g. WARRANTY -PRICE. s. The price to he paid by the Buyer shall be the contained in Sellas bid which Sella warants to be oo hasher dm Seller's amrew prncen on oidieta by tnthen far products of the kind and specification covered by this agreamew fir similar quantities under similar of Qe conditions aid metbods of purchase. le the event Seller Geacbes this warranty. the pricer of the iterm shall be reduced to the Sella's current prices on order by odes, or in die sftarua re. Bu_ycr may cancel ibis contract without liability to Sella for breach or Seller's actual expense. b. The Seller ware is tut no period or wiling agency has been employed or rosined to solicit or setae this canI upon an agruxnumt or uderatandimg for commiaiea percentage, brokerage. or com mgent The excepting buns fide employees of bmse fide established com wrist or selling agencies maintained by the Seller for the purpose of mcuring busumm For bmKb of vicistiom of this warmly the Buyer dull have the rigid in additiom to arra other right of rights to cancel this contract without liability and to deduce Gam the cmmtra-t price, or otherwise manus withour liability and to dediact from the contract prig, or otherwise recover the full amount of such comniSaien, peoertagt, bmkeage or cootingmt he. 9. WARRANTY -PRODUCT. Seller shall not limit or ecchdt my implied warmNes and any amettptt to do so shall reoda this contract vohdable sit the option of the Buyer. Seller warns [tut the goods. Banished will conform to the specification, dnwinge, mad deacriptiata listed in the bid invitation, and to the sampk(s) frmnished by the Seller, if any. In the event of s conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding my provisions contained m the contrachs.l aVemmL the Sella represents. and warrants fault -flea performance and faux -Free result in the processing date and doe related dna (including, bot tote limited to ralcutdug, cordoning and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combinatioc as the tate may be from the cff=iive date of this Contract. Also. the Seller warrants the yerr2000 calculations will be recognized and accommodated and will not. m any way, result in hardeme, softwacor fmmwae failure. The City of Lubbock, me is sok option. may require the Seller. at my time, to demonstrate tee procedures it intends to fallow m order to comply with all the ablisptioes coemined berein. The obligation contained herem apply to produces and services pwvWed by the Seller, its sub -Salter or my third Party involved in the creation or development of tie prod" seri services to be delivered to the City of Lubbock under this Contract. Failure to comply with my of to obligations contaiaxd herein. ray nesuh in the City of Lubbock availing itself of any of its rights under the law and under this Contract includmg. but mot limited to, is right pertaining to termination or default. The warranties contained herein are separate and discrete from my other waimties specified in this Contract, and are not subject to my disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract. its appendices, its schedules, its annexes a any document incorporated' this Contract by re5sevice. 10. SAFETY WARRANTY. Seller warrants that the produce told to the Buyer Shull coulorim to the standards promulgated by the U. S. Departaseot of Labor under the Occupational Safety and Haft Act of 1970. in the event the produce does not conform to OSHA standards, BuyR may . aro the product for correcrion or replacement at the Seller's expense. to the evert Sellas 666 to make the appropriate correction within a reasonable time, correction made by Buyer will be at die Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain wheeler goods mmwfachered in accordance w alt the spaificatitma attached to this agreement will give rise to the rightfiel claim orally third Peron by way of infriogemmt of the like. Buyer makes m warrmly that de production of goods according to the specification will not give rise to such a claim, and in no event she[[ Buyer Ne liable to Sells for indemmifica tint in the event that Selo is rad on the OVUM& of infringement of the like. If Sella at of Ilse ospimice this an ist6ingemW or the lite will result he will notify, the Boyar to thiset%ct In wiftug within two wake alter the signing of this igreemmL If Buyer does rid receive motion and is minequmty bell liable for the infriag idle orde lie, Seiler will save Suverbumle+e If Seller u good faith ascertains the production of the goods in accordance with the specificatinms will Fault in infybigx'ineit or the lice. the contract shall be well and void i2. RIGHT OF INSPECTION. Boyer shall have the right to inspect the goods M delivery before accepting them. 13. CANCELLATION. Buyer shall have de right to Centel for default all or my pat of the undelivered portion of this order if Sells breeches joy of de terns bereof including warranties of Sellar or if the Seller becomes insolvent or commits accts of bsnbupicy. Such right of cancellation is as addition to add not int lieu of any other remhdim which Buys may have in law or equity. 14. TERMINATION. Tie pefarvrnoe of wok oder dis order may be semimmed in whole, or in part by the Buyer in aeccordsace with ibis pmvumo_ Taminshom of work heeunnder shall be effected by the delivery of the Seller of a "Notirx of Temimstioe" specifying the extent to which performance of work under the order is terminated and the date upon which such tenobug an becomes efrective. Such right or !amination is in addition to and not in lieu of the Fights of 8uyer mit forth in Clause 13. here'. 11. FORCE MAIEURE. Neither party dhdll be bell respcnu-bk far losses, resulting if the fulfilemmal of any krane of provisions of this contracts delayed or prey emted by any cause mot within the control of the party whom performance is imafaed with, and which by the exercise of mesonabk diligmee said party is usable to prevent. 16. ASSIGNMENT -DELEGATION. No right or 'I in this contract dull be assigned or delegation of my obligation made by Seller without to written permission of the Buyer. Any alteempted amigsutset or delegation by Sella shall be wholly void and totally ineffective for all pu pont unkss mak in conformity with this paragraph. 17, WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciations nciatiat of the claim or right meas the waiver or reoumci e"ce is supported by conakknotim and is' writing Signed by the aggrieved party. is. INTERPRETATION -PAROLE EVIDENCE. nix writing, Phu any specifirmdons for bids aid performaxe provided by Buyer' a ahverhaernent for bids, and my other docunwinia provided by Seller in ort of kis bud, is atended by the parties as a final expression of them apeemml and intended also a a coinvI a and exclusive statement of the terms of their agreement. Whenever a tato defined by the Uniform Commercial Code n used' this agteemeoL the defmitiom contained m de Code is to control. 19. APPLICABLE LAW. This agreement shill be governed by the Uniform Commercial Code. Where ever the tam "Uniform Commercul Code" is wed it shall be commued as mtsning the Uniform Commercial Code as adopted in the Stam of Texas m effective and in Force: on eke doe of this npuemee. 20. RIGHT TO ASSURANCE. Wbenever one party to this contract in good faith has treason to question de other pity's infenl to perform he my dem end ter the other party give written assurance of his mient to perfaroi la the event that a demand is made and no assunnoe is gives within five (5) drys, the demanding party may neat this 6ihae a All aaticiparory repudiation of de contract. 21. INDEMNIFICATION. Sella dull indetmnify, keep and save harmlas the Buyer. its agratla, officials and employees, againa all injuries, deaths lens, dinmil , clanm patent claims. suits. liabilities, jtdgascom. cow and expand, which may in mywise asvise agaimat the Buyer' consequence of the Venting of this Contract or which may anywise Faith temil om, whether or not it shall be alleged or determined that the ant was Woad through negligence or omission of the Seller or its employees, or of the subSeller or assignee or is empioyeea, if amt, and the Seller shall, at his own expense, apper, defend and pry all charges of attorneys trod all costs and other expense Prisms thereftom of incurred in connection therewith. and. if any judgment shall be rendered against the Buyer in my such action, be Sella shalt a its own expenses, sairsfy and discharge the same Seller expressly underetends and agrees the any bond required by this contract, or othavrise provided by Seller, shall in taw wry limit the responsibility to indemnify, kap and save harmless and defend the Boyer n herein provided. 22. TIME. leis hereby expressly agreed and understood that time is of the essemax for the performance of this contract, and bilu a by contract to meet the time specificatiow of this agreement will rause Sella to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidden the in regard to any conwwt entered into pursuant to this request. mmol" ad women business enterprises will be afforded equal opportunities to submit bids in respomw to this aviation and w III not be discrimmated against on the tpaurhde of race, color, sex or natural origin in comidadmom for an award Rev. 08/2005