HomeMy WebLinkAboutSpecial Purchase - Amarillo Gear Company - Purchase Raw Sewage Pump No. 1 Gear Assembly1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTHBEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
December 8, 2016
Clay Barbee
Amarillo Gear Company, LLC
PO Box 1789
2401 Sundown Lane
Amarillo, TX 79105
PHONE 574/235-9251
FAx 574,'235-9171
RE: Special Purchase — Purchase Raw Sewage Pump No. 1 Gear Assembly per I.C. 5-22-
10-9; Risk of Seriously Impairing Functioning of Operations
Dear Mr. Barbee:
The Board of Public Works, at its meeting held on December 8, 2016, approved the above
referenced agreement in the amount of $120,125.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
i
Linda M. Martin, Clerk
Enclosure
c: Jacob Klosinski, Environmental Services
Al Greek, Environmental Services
Carol Kurzhal, Environmental Services
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
Amari I Io ® QUOTE Post Office Box 1789
Im
Gear 2401 Sundown Lane (79118)
Amarillo, TX 79105
Company «C Ph. 806 622 1273
Fax 806 622 3258
Customer:
Wastewater Maintenance Environmental Services
Contact:
Kenneth Smith, Director
Address:
227 W. Jefferson Blvd.
South Bend, IN 46628
Email:
ksmith@southbendin.gov
Telephone:
574-235-5787
Application Information
Date: November 15, 2016
Quote No: cebl11516-2
Customer Ref.: SN 232889
Fax:
Service Factor: 1.5 Speed: Input 1400 rpm / output 240 rpm (120 min vert rpm) Shaft Rotation: Fig. 1(RH — LH)
Transmitted Power: 460 hp
Thrust, down: 0 Ibf (min), 34,800 Ibf (max.)
Additional Requirements:: Pressure Gauge, Oil Filter, Vertical Solid Shaft with Sprag Non Reverse which
replaces original Serial Number 232889
Quantity Model Ratio Net Price Ea. Total Availability
1 SSLI800SN 5.83:1 $120,125.00 $120,125.00 14 — 16 weeks
Prices are in U.S. dollars and Ex -Amarillo Gear Co. Works, Amarillo, TX Offer validity: 90 days from quote date.
Payment terms: Prepaid
Comments:
1. The offered gearbox is a vertical solid shaft transmission, rated for 460 hp at 240 rpm (pump) with a service
factor of 1.50. The bearing system is capable of carrying a continuous load of up to 34,800 Ibf (down).
2. Amarillo Gear Company is ISO 9001/2008 certified.
3. Our gear drives are manufactured in accordance with AGMA 6013 A06 specification.
4. The estimated weight of the gearbox is 5,800 lb (skid)
5. When placing order, please refer to quote number at top of page.
6. Drives are packaged suitable for road transit.
7. Amarillo Gear Company's standard terms and conditions apply, which can be found at www.amarilloaear.com
8. We certify that the offered merchandise is the product of the United States of America and that this quote is
true and correct in all details. "These commodities, technology or software will be exported from the U.S.A. in
accordance with the Export Administration regulations". Diversion contrary to the laws of the U.S.A. are
prohibited.
Thank you,
Clay E. Barbee
Inside Sales
Pump Drive Division
Amarillo Gear Company LLC
tAkVROVED
Ruard of Public Works
Page 1
Ljmxfve 0119112014
AMARILLO GEAR COMPANY LLC
TERMS AND CONDITIONS OF PURCHASE
ACCEPTANCE; AGREEMENT. The purchase order, including these Terms and
Conditions of Purchase (these "Terns") is an offer by Amarillo Gear Company LLC
("Bayer') to purchase the goods ("Goods") and/or services ("Services") described in the
purchase order from the person or entity to whom the purchase order is addressed
('Seller") These Terns are the only terns and conditions which govem the prrchase of
Goods and Services by Buyer aid supersede all other terns and conditions, oral or
written, and all other communications between the parties suggesting additional or
different [emus. These Terns represent the final and complete understanding of the
parties and may be amended or cancelled only by written agreement signed by both
parties. These Terns expressly limit acceptance to these provisions. Any proposal for
additional or different terns or any attempt by Seller to very in any degree any of the
provisions of these Terns is hereby deemed material and objected to and rejected. No
terns of any domrrent or form submitted by Seller shall be effective to alter or add to the
provisions contained in these Terns. Unless otherwise stated herein, Seller's
acknowledgment of Buyer's order, shipment of Goods or commencement of any work or
performance ofany Services shall constitute acceptance by Seller ofthese Terms.
DELIVERY. Time is ofthe essence with respect to the delivery of Goods and the performance
of Services. Hilhe delivery ofthe Goads and/or the performance ofthe Services is not commenced
by tine specified stating dare or completed within the specified time, Buyer may, in addition to any
other rights or remedies it may lime, terminate the order, without liability, for may Goods not yet
shipped or Services not yet provided and purchase substitute goods a services and charge Seller
for ary extra costs. 14 in order to comply with delivary date specified on the front hereof; Seller
most ship by amore expensive way that specified hereto, Seller shall pay any increased costs.
RISK OF LOSS. Seller shall inane and pay for my loss or damage to the Goods ordered by
Buyer from any case whascever rand the Goods are delivered to Buyer at the Seller's designated
delivery location.
WARRANTIES. Seller warrants that the Goads or Services purchased hereunder will be (a) in
lid] conformity with the specifications, drawings, desaiptiom and/or samples famished or
specified by Buyer, fu fro from defects in material, worlanarship and design, (e) of good
merchantable quality and fit and sufficient for the purposes intereled. (d) free and clear of all
liens, Claims, security interests or other encumbrances, (a) five of claims ofinfringement
or misappropriation of any third party+s intellectual property rights; and H) produced or
provided in compliance with and meet all requirements and standards of all applicable
federal, state, and local laws and regulations. All warranties shall survive any inspection,
testing, delivery, acceptance or payment or failure to inspect, test or discover any defect
or other nonconformance shall relieve Seller of any ofits obligations wider these Terns
or impair any rights or remedies of Buyer. NO ATTEMPT BY SELLER TO DISCLAIM,
EXCLUDE, LIMIT, OR MODIFY ANY WARRANTIES OR SELLERS LIABILITY FOR
DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SHALL BE OF ANY FORCE
OR EFFECT.
INSPECTION. All Cords are subject to inspection by authorized represemadve(s) of Buyer
and/or Buyer's cumorrars a all reasonable times and places, including dining production. No
Goods shall be considered accepted prior to inspection by Buyer a Buyers place of business
Buyer reserves the tight to reject or to revoke acceptance of Goods which fail to meet any
requirement of Buyer's order, notwithstanding mypayment or anypriorinspection orme.
INDEMNIFICATION. Seller, shall indemnify, hold harmless and defend Buyer, its affiliates
and their respective successors and ¢signs, against all lawsuits, damages, losses, costs, expenses,
claims, liabilities, judgments, settlements, fines, settlements or penahaes, including all atomey's
fees and litigation cases, whetha dues, indirect, incidental, consequential, or otherwise
(collectively. "Clams") for (i) personal injury, Property damage, or other damage, arising out of;
relating to, or in com redon with, the Goods or Services; (it) Sellers must or alleged negligence,
act or omssion or failure to comply with all these Terns or shy other agreement between Buyer
and Seller (oil any Recall; (iv) achual or alleged infringement or misappropriation of my
intellectual al property or proprietary right and (v) Seller's breach of these Terns in any of the
warranties expressed herein or my warranties implied by law, Seller shall not max into any
settement withant Buyers prior written consent. This indenulficatim is in addition to the
warrantyobligations ofSeder.
INTELLECTUAL PROPERTY. Seller warrants that the mmufacnre, sale and ace of the
Goods will net infringe my paint, copyright, ordered, trade secret or other proprietary right.
Seller shall indemnify Buyer in accordance with Semon 6. Hit o any portico ofthe Goods are
held to corstih¢e an infringement ofa parent andor their use is enjoined for my reeve, Seller
shall promptly, and a its own expose, either proaae for Buyer the ugh¢ to continue using such
Goods royalty -fire a replace such Goods to Buyers satisfaction with nor -infringing goods of
equal quality and penfmnance.
INSURANCE.
Sella shall obtain and a all times during which this Agreement is in effect maintain m is cost
the following insurance with insurers having a current AM. Best rating of "A- VIII" a better.
(1) primary comprehensive or coramercial general liability insurance with limits ofa least $I
million per ocamence and $2 million soma aggregate combined single limit for bodily injury
and property damage, including coverage for (i) Produc s and Completed Operators liability;
(it) Blanket Contractual liability; and (fit) Cross Liability endorsement oSevveability ofloterest
clause;
Insurance required shall: (1) be endonsed to inure Boyer, its officers, directors, employees,
representatives and agent as additional insureds an an ISO form CG 20 26 07 04, Additional
Insured — Designed Person or Organization or die equivalent, (2) be endorsed to waive my
rights of subrogation against Buyer, (3) provide commmral liability coverage to Seller for is
indemnity obligations contrast under tuts Agreement although my failure to comply will nor
affect the validity or enforceability ofsuch indemnity obligations; and(4) be cndorseelto provide
that such insomnce is pnimayto andnon-conhiboary with my otherinsurance obtained by, fix
or on behalf Buyer notrvtthourctng my "other insurance' provision contained within such
policies.
c Seller shall provide written notice to Buyer no less that 30 days poor to the effective date of
cancellation or ma " reduction of any required insurance coverage, including any
modification affecting anypolicy's compliance with these Terns.
d Prior hereto and a my fare upon request, Seller shall provide certificates oflranatce to Buyer
along witln copies of the additional insured, waiver of subrogation and primary / non -
mandatory endessenrnnts and other documentation as may be required by Bayer demonstrate
the instance coverages required herein Seller's delivery of produces as described in these
Terns constraints a specific representaion that all iignachce coverages requited herein are, in
place and effective for the period ofspply. Seller specifically recognizes and acknowledges thin
its compliance with the memance provisions described herein is material to Buyer's decision to
enter into an order. Seller specifically recoguzes and acknowledges that the insurance required
in this Agreement does not limit Seller's responsibility in the event ofa lass.
9. CHANGES. Buyer shall have the righter anytioneto make changes in drawings, specifications,
mandate, packaging, fine and place of delivery, and method of trasportaiom If any such
changes cause an increase or decree¢ in the oust or the fine required for the performance, a
numully agreed upon equitable adjusttnea shall be made therein. Seller agrees to accept any such
charges subject to this section.
10. SETOFFS. Buyer has the right to set off against any mnuarts dre Seller heremrder from any
mnorrts owed to Buyer by Seller arising from die or any other transition.
II. RECALL. In the event that Buyer determines, in Buyer's sole discretion, that any
defect, nonconformance or deficiency in any of the Goods requires a field campaign,
recall or similar action ('Recall"), to repair, replace or remediate any Goode or any of
Buyer's products in which Goods the incorporated, Seller shall be liable to Buyer and its
customers for all costs and expenses with regard to the foregoing including, without
limitation, onomeys' fees and count costs.
12, FORCE MAJELRtE. Buyer shall not be liable for failure to take delivery ofthe Goods or to
allow performance of the Services if such £alum or inability is due to causes beyond Buyers
reasonable control.
13. TERMINATION FOR CAUSE. Boyer maytenninate its orderwithort liability, in whole orin
part, a any time, if(i) Seller fails to deliver the Goods or to perform the Services by the specified
fine or any extension thereofaathorimd by Buyerin writing (u) a petition initiaing apmceeding
order arty applicable law relating to banthaptcy, insolvency, in temporization is filed by or
so= Seller, (di) Seller eaea¢es an assigniand for berefit or creditors; (iv) a receiver is
appointed for Seller or any substantial pat of its assets; in (v) Buyer shall have any reeonable
ground for irseersity with respect to Sellers ability to perform and Seller in rouble to provide
Buyer with adequate assurance of its ability to perform within ten days after written request
therefore by Buyer. Buyers fight under this section to teminme its order is not an exclusive
mmedy. Buyer shall be entided to all other rights and remedies it may either in law or in equity.
No tenninguar shall affect any accrued rights or obligations ofeither Party as ofthe of&¢tire data
ofanchtennlnatiom
14. TERMINATION FOR CONVENIENCE OF BUYER. Buyer may terminate its order a its
converience at my time by witted notice to Seller Fix spemaily prepared products which are
untgre to Buyers order, any partially completed work or may materials whose fill man are
inchaded in the cancellation charges shall be identified in writing and held by Seller for disposition
in accordance with Buyers wotten imtntaions.
15. TOOLING. Any tooling provided by or specifically paid for by Buyer shall be and remain the
sole property of Buyer. Seller shall be responsible for maintenance of the tooling while in its
possession and shall return tooling to Buyer immediately rpm demand Seller waives any lien
rights or other rights to retain tooling and acknowledges that its obligation to retur tooling upon
demand is difional.
16. AUDIT. Buyer and its designees shall have the right in andit and inspect Seller and Seller's
shppliersto determine Seller's and its supplier's compliance with the ceder and theseTenms.
17. NOTICES. Any and all notices or oiler cotnmuicatoms requdred or desired to be given in
mmrection with this order will be given in writing and will be deemed effective upon personal
delivery on the third day after mailing if sent by certified mail, postage prepaid harm receipt
requested, or me business day ado deposit if sort by a nationally recognized courier semce
which maintains evidence ofthe nine, place and receipt of delivery, mid in each case ifaddressed
as set both in the order (or such other addresses a party may designate in writing fran time to
arnne), plus Seller shall a ispach a copy to The Mariana Group LLC, 181 West Madison Street,
26th floor, Chicago, Illinois 60602, Alto General Counsel.
18. BUYER INFORMATION. BUYER MAKES NO WARRANTY WITH RESPECT TO
INFORMATION PROVIDED BY BUYER TO SELLER ANY IMPLIED WARRAN'THS
THAT MAY EXIST WITH RESPECT TO ANY INFORMATION PROVIDED BY BUYER,
INCLUDING ANY WARRANTY OF MERCHANTABILITY AND WARR9 TY OF
FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. Seller acknowledges and
agrees tha any sales forecasts, quantity prrchase estimates or similar Injections received from
Buyer an act purchase conunitwerts of Buyer, bur¢ rather represent eadmaes fo planing
purposes only Buyer shall have an obligation to purchase or otherwise compensate Seller for my
of Seller's finished products, or unfireshed raw materials, but covered by a purchase order issued
by Buyer.
19. WAIVER. All waivers by Brrya shall be in writing Failure of Buyer a my time to require
Sellers performance of my obligation hereunder shall not affect Buyer's fight to require
Performance of item obligation No delay or omission in the exercise of my right, power, or
remedy hereunder shall impair such right, power, or horridly or be considered to be a waiver of
my defect or acquiescence therein
20. MISCELLANEOUS. Seller shalnot assign Buyer's order or my modes due orto became due
from Buyer hereunder withio¢ Buyers prior written mnsea. These Terns shall be conarth din
accordance with the paws of Texas, without regard to any roles m conflicts of laws. Provisions
which by their nature snood survive will reman in force after my temmvuton or expiration. The
section headings contained herein ere no part of these Terns and an, included solely for the
convenience ofthe parties