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HomeMy WebLinkAboutResolution - 2017-R0203 - Aqua-Aerobic Systems - 06/08/2017Resolution No.2017-R0203 Item No.5.9 June 8,2017 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 behalfof the City of Lubbock,Purchase OrderNo.23104325 for the purchase of Aqua- Aerobic Cloth Media Filters, by and between the City of Lubbock and Aqua-Aerobic Systems, 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 CityCouncil. Passed by the City Council on June 8 2017. DANIEL M.POPE,MAYOR ATTEST: tXMJUL-A Rebecca Garza,City Secretary APPROVED AS TOCONTENT ^ L.Wo in,P.E.,Director of Public Works APPROVED AS TO FORM: RES.Purchase Order-Aqua Aerobic Systems.Inc.(5-31-17) City Of Lubbock TEXAS PURCHASE ORDER Page - 1 Date - 06/06/2017 Order Number 23104325 000 OP 231 TO AQUAAEROBIC SYSTEMS INC 6306 NORTH ALPINE RD LOVES PARK Illinois 61111-7655 SHIP TO: CITY OF LUBBOCK WATER RECLAMATION PLANT 3603 GUAVA AVENUE LUBBOCK Texas 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY. M v z, Dirftor of Purchasing & Contract Management Ordered 05/26/2017 Freight Requested 07/21/2017 ' aken By S �UMMERS Delivery PER M GONZALES REQ #49811 SOLE SOURCE Description/Supplier Item Ordered Unit Cost UM Extension I Request Date Filter Cloth Sock -Pile 216,000 239.0000 EA 51,624.00 07/21/2017 Centertube port sealing gasket 216.000 1.6000 EA 345.60 07/21/2017 Retainer bar - side 30.000 16.0000 EA 480.�0 07/21/2017 Retainer bar - notch 30.000 16.0000 EA 480.00 07/21/2017 Retainer bar - tab 30.000 16.0000 EA 480.00 07/21/2017 Chain -Poly 2.609 pitch 145.000 .32.7500 EA 4,748.75 07/21/2017 Freight 1.000 700.0000 EA 700.00 07/21/2017 Cloth Media Frame Only 25.000 158,5100 EA 3,962.75 07/21/2017 Total Order Terms NET 30 DAYS 62,821.10 This purchase order encumbers funds in the amount of $62,821.10 awarded to Aqua -Aerobic Systems, Inc. of Loves Park, IL on June 8 , 2017. The following is incorporated into and made part of this purchase order by reference: Sole Source Purchase from Aqua -Aerobic Systems, Inc. of Loves Park, IL. Resolution # 2017-R02� CITY OF LUBBOC Daniel M. Pope, Mayor ATTEST: Reb cca Garza, City Secretary AFTERMARKET PROPOSAL # 45072 TO: LUBBOCK SOUTHEAST VVRP PROJECT: LUBBOCK SOUTHEAST VVRP TX 3603 GUAVA AVE LUBBOCK LUBBOCK TX TEXAS 79404 USA4AUN USA PROPOSAL OATS: April 28.2017 ATM: MK>IAEL GREEN Cc: If billing arWarshipping address is different, please advise Qtv Description Unit Price Total Price We are pleased to quote, for acceptance within 60 days of this date, prices and terms on equipment listed below. Shipment of equipment will be completed 1 - 2 weeks,' after receipt of purchase order with mutually acceptable terms and conditions, subject to credit approval. 'Note: Actual shipment is dependent on equipment availability at the time of receipt of order. 216 FILTER CLOTH SOCK -PILE $239.00 $51 624 00 OptiFiberPA2-13® nylon type Not recommended for chlorine use Part number 2609819 216 Centertube port sealing gasket $1.60 (1) needed per frame $345.60 Part number 2506752 30 Retainer bar - side $16 00 (1) needed per frame $480.00 New Part number 2519224 Replaces past number 2506164 New style side retainer bar uses the same hardware as the notch and tab retainer bars 30 Retainer bar - notch $16 (1) Needed per frame $480.Q0 Part number 2506165 30 Retainer bar - tab $16.00 $480-00 (1) needed pet frame Part number 2506156 145 CHAIN -POLY 2.609 PITCH $32.75 $4,748.75 Chain sold per foot 29' of chain is needed per basin Will ship (5) 29 lengths of chain Part number 26M32 25 Cloth Media Frame Only $150.51 $3,962.75 Does not include cloth media sock, retainer bars or hardware Part number 2962036 r1 c C �, r� � � t ,_�� t�� -�� �� 1, tl Proposal Gate: April 28, 2017 Proposal # 45072 1 1.. Notes: I. Freight to jobsite is included, FOB Loves Park, Illinois as included in the Pricing Summary, below. 2.Startup supervision is not included. 3.Payable net 30 days from date of shipment subject to credit review, no retainage allowed. 4.State and/or local taxes will be charged unless we receive a valid resale/exemption certificate. Pricing Summary: Equipment and/or Accessories: $62,121.10 Freight: $700.00 Total Job Price. $62,821.10 Material and/or services not specifically fisted in this proposal are not included in the quoted TOTAL JOB PRICE and are to be supplied by others. Goods quoted above will be sold subject to the terms and conditions of sale set forth on the face hereof and the following pages entitled "Terms and Conditions of Aqua -Aerobic Systems, Inc. (A Metawater Company)": Any different or additional terms are hereby okected to, Proposal Date: April 28, 2017 Proposal # 45072 TERMS AND CONDITIONS OF AQUA-AUROBiC StiSTEtIS, INC. dare 1 of 2 This offer and all of the goods and sales of aqua -Aerobic Systems, inc. are subject only to the following terms and conditions. The occeptance of any order resulting from this proposal is based on the express condition that the Buyer agrees to all the terstxs and conditions herein contained. Any terms and conditions in on), order, which are in addition to or inconsistent with the following, shalt out be binding upon Aqua-Aernhic Systems, Inc. This proposal and any contract retaking therefrom, shall be governed by and construed in accordance with the taws of the State or Illinois, without hard to conflicts of laws principles. PA "I Et4-1 Unless speeil ically stated otherwise, quoted tercets arc Nct 30 Days from shipping date. Past -due ehargvs an: 1.5% per month and will apply onty on any past-dae balance. Aqua -Aerobic Systems, Inc. does not allow retainage of any invoice amount, unless authorized in vrriting try an authorized rt�tresenlativc of our Loves Park, Illinois office. DURATION OF QUOTATION This proposal of Aqua -Aerobic Systems. Inc. shall in no event be cffwive more than 30 days from date thereof, unless specifically stated othmvise, and is subject to change at any time prior to acceptance, SHIPMENT Shipping dates arc not a guarantee of a particular day ofshipment and arc approximate, being based upon present production information, and arc subject to change per the pmduciion schedules existing at titre of receipt of purdtase order. Aqua -Aerobic Systems, Inc. shall not be responsible for any delay in shipment for causes beyond its control including. but not lirnited to, war, riots, strikes, tabor trouble causing interruption of word . rims, other castiAmias, transportttlinn delays, modificalion of order, any act of govtxrtmental authorities or acts of God. Quoted shipment dates in this proposal are approximate dates goods will be shipped and, unless agreed to in writing by Aqua -Aerobic Systems, inc.. Buyer may not postpone or delay the dales of shipmem of goods from our plant or from our supplier's plants beyond the dates set forth in this proposal. TITLE AND RISK OF LOSS All prices and all shipments of goods arc F.Q.B. Aqua-Acrobic Systems, Inc.'s plant at Loves Park, Illinois unless specifically stated otherwise. Relivery of the goods sold hercundef to tin carrier shall be deemed delivery to the Buycr, and upon such delivery, title to such goods and risk of loss or damage shalt be upon Buyer. TAXES Prig quoted du not include any taxes, customs duties, or import fees. Buyer shall pay any and all use, sales, privilege or other ors or customs duties or Import fees levied by any goucrtumcntat authority with inspect to the sale or irmsponation of any goods covered hereby. If Aqua -Aerobic Systems, Inc. is required by any lazing authority to collect or to pay any such tax, duly or fox, the Buyer shall be separately biiled at such time for the amounts Agwr-Acrobic Systems, Inc. is required to pay. INS M, %NCE Unless the goods are sold on a CIF basis, the Buyer shall provide marine insurance for all risks, including war and gerneral coverage. SECURITI' I f at any time the financial responsibility of the Buyer becomes unsatisfactory to Aqua -Aerobic Systems, Inc., or Aqua-Acrobc Systems, Inc. otherwise deems itself insecure as to receipt of full payment of the purchase price from Buyer hereunder, Aqua-Acrobic Systems. inc. rescrvcs the right to require payment In advance or security or gumuntec satisfactory to Aqua-Acrobic Systems, Inc. of payment in full of the purchase price. LINIITATtON OF ACTION No action simll be brought against Aqua-Acrobic Systems, Inc- for any breach of its contract of sale more than two y zus after the accrual ofthe pose of action thcrettf; and, in no event, unless the Buyer shall first have given written notice to Aqua-Acrobic Svstcros, Inc., of any claim or breach of contract within 30 days aficr tic discovery thd:rea f. CANCELLATION CLAP SE No acceptance of this proposal, by purchase order or otherwise, may be modified crccpt by written consent of Aqua-Acrobic Systems, inc. nor may it be cancelled except by prior payment to Aqua-Acrobic Systems, Inc. the following sums as liquidated damages therefor: I I If cancellation is prior to cdxnmencd:men(ofproduction and prior to the assumption of any obligations by Aqua-Acrobic Systems, Inc. for my materials or component parts, a sum equal to 15% of the total purchase price; 2) If cancellation is after the commencement of prctduciion at after the- assumption of any obligations by Aqua-Acrohic Systems, Inc. for any materials or compoocnt parts, a sum equal lu the total of the dirumt. out-of-pocket c%penscs incurred to the date of cancellation for labor, machine time, materials and any charges made io us by suppliers for cancellation, plus 30% of the total purchase pric c, All charges and expenses shall be as determined by Aqua-Acmbic Systems, inc. In the event any items lure used by Aquas-Acmbic Systems, Inc, to fill a subsequent order, then upon receipt of payment liar such order, Aqua-Acrobic Scstcrns, Inc. shall pay the Buyer a sum equal to the dircrA out-of-pocket expenses previously charged and received from Buyer. i'ROPRIETARV INFORMATION This proposal. including ail descriptive date drawings, material, information and know-how disclosed by Aqua -Aerobic Systems, Inc. to Buyer in relation hereto is confidential inl'ornlation intended solely for the cunlldcntiaf use orBuycr, shad l remain the property of Aqua-Acrobic Systems, Inc, and shall not be discim-d or otherwise used to the disadvantW or detriment of Aqua -Aerobic Systems, I nc. in any manner. Proposal Date- April 28, 2017 Proposal # 46072 IdNik TERMS AND CONDITIONS OF AQUA -AEROBIC SVSTEMS, INC. Page 2 of 2 QUALIFIED ACCEPTANCE AND INDEMNITY In the event the acceptance of this proposal by Buyer either is contingent upon or subject to the approval by any third party such as, but not limited to, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, cakulations, or any other mauer, then upon such approval by any third perry, Aqua -Aerobic Systems, Inc. dwil have no liability to Buyer or to any third party so long as the goods sold and delivered by Aque-Aerobic Systems, Inc. conform to this proposal. In the event any such third party requires modifications in the proposal prior to the approval thereof, Aqua -Aerobic Systems, Inc. may at its sole option and without liability to any party clod to cancel this proposal or return the pumhow order to Buyer. In the event Aqua -Aerobic Systems, Inc. ekes to modify this prolwsal to conform to The requirements for approval by any third party, Aqua -Aerobic Systcrns, live. is such event shall have no liability to Buyer or to any third pasty so long as the goods sold and delivered by Aqua-Acrobic Systems, Inc. conform to this proposal as modified. Buyer agrees to indemnify and save harmless Aqua -Aerobic Systems, Inc. from and against all costs and expenses and liability of any kind whatsoever arising out ofor in connection with claims by third parties so lung as the goods sold hereunder conform to the requirements of this proposal as approved by any third party. WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER In return kr purchase and full payment for Aqua -Aerobic Systems, Inc. goods, we warrant new goods provided by us to be free from defects in materials and workmanship under normal conditions and use for a period of one year from the date the goods ate put into service, or eighteen months fmm dale of shipnxnl (whichever first occurs). If the goods include an "Endure Series" motor, the complete Endure Series unit shall be warranted by Aqua to be free from defects in materials and workmanship radar normal conditions and use kr time years from the date the product is put into service or 42 months fiom the date of shipment (whichever occurs first). OUR OBLIGATION UNDER THIS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factory at Loves Park. Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination shall show to have bccn defective. Prior to return of any goods or its parts to our factory, Buyer shall notify, Aqua -Aerobic Systems, Inc. of claimed defecL and Aqua -Aerobic Systems, Inc_ shall have the privilege of examining the goods at Buyer's place of business at or where the goods have otherwise been placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods or puts to our factory for the further examination or repair. All goads or parts shall be netumed to Buyer, F.O.B. Loves Pick, Illinois. This warranty shall not apply to any goods or part which has been repaired or altered outside our factory, or applied, operated or installed contrary to our insuuctica, or subjected to misuse, chemical attackldrgradation, negligence or accident. This wmmnty and any warranty and guaranty of process or performance shall not longer be applicable or vdid if any product, including any software program, supplied by Aqua -Aerobic Systems, Inc., is modified or altered without the written approval of Aqua -Aerobic Systems, Inc Our warranty on accessories and component parts not manufactured by us is expressly limited to that of the manufacturer therrnf. THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY THE RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS SPECIFICALLY STATED OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL AQUA -AEROBIC SYSTEMS, INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS OF CONNECTING, DISCONNECTINC, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE GOODS. LIMIT OF LIABILITY: AQUA -AEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOVE WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, OR ANYTHING DONE IN CONNECTION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. final acceptant ofthis proposal must be given to Aqua -Aerobic Systems, Inc. at their once in Loves Pork, Illinois. Please acknowledge acceptance by signing the proposal and tetuming it to Aqua -Aerobic Systcrw, Inc. Accepted by: Offer Respecn Submkted, Sherry Pike, ornerrServiceR ntative By: Date: Agora-Aeroble toms, Inc. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-217365 Aqua -Aerobic Systems, Inc. Loves Park, IL United States Date Filed: 06/02/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Ackno dged: 06/02/2017 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 23104325 216 filter cloth socks and associated parts (gaskets, retainer bars, chain, etc.) for AquaDisk cloth media filters (model ADFC- 54X12E-PC) per Aqua -Aerobic Systems' proposal # 45072 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provioea by I exas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-217365 Aqua -Aerobic Systems, Inc. Loves Park, IL United States Date Filed: 06/02/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 23104325 216 filter cloth socks and associated parts (gaskets, retainer bars, chain, etc.) for AquaDisk cloth media filters (model ADFC- 54X12E-PC) per Aqua -Aerobic Systems' proposal # 45072 4 Name of Interested Parry City, State, Country (place of business)(check Nature of interest applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. K 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. OFFICIAL SEAL. l?ONNELIE N STATE OF NOTARY PUBLIC - STAtE OF IWNOIS ✓r� MY COMMISSION EXPIRES:10)W18 Signature of authorized agent of contracting business entity Te William G. Decker, V.P. & General Manager, Equipment & Services Group AFFIX NOTARY SCAMP I SEAL ABOVE Sworn to and subscribed before me, by the said William G. Decker this tine 2nd day of June 2017 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1.Q.8133 City of Lubbock DATE: June 1, 2017 TO: Honorable Mayor Dan M. Pope Members of the City Council FROM: Bill Howerton, Acting City Manager (eri SUBJECT: Agenda Item 5.9: Consider a resolution authorizing the Mayor to execute purchase order contract 23104325 With Aqua -Aerobic Systems, Inc. of IL for cloth media filter replacements and associated hardware. The agenda comments refers to the purchase order contract in amount of $63,107.10, but the correct amount is $62, 821.10.