HomeMy WebLinkAboutAgenda Report - November 20, 2013 C-08AGENDA ITEM C
V! OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreement for Purchase of
Filter Cloth Socks for Tertiary Cloth Filter Equipment at White Slough Water
Pollution Control Facility from Sole -Source Provider Aqua — Aerobic Systems, Inc.,
of Rockford, III. ($33,000)
MEETING DATE:
PREPARED BY:
November 20, 2013
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute agreement for
purchase of filter cloth socks for tertiary cloth filter equipment at
White Slough Water Pollution Control Facility from sole -source
provider Aqua — Aerobic Systems, Inc., of Rockford, III., in the amount of $33,000.
BACKGROUND INFORMATION: The function of the tertiary cloth filter equipment is to maximize
solids removal prior to disinfection and to comply with the National
Pollutant Discharge Elimination Systems discharge limitations. The
regular 24/7 operation of this equipment requires periodic replacement of the filter socks, in addition to
the routine preventive maintenance performed by staff operators.
Per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the
City Council determines that the purchase is in the best interests of the City. Aqua — Aerobic Systems is
the sole manufacturer of this equipment. Staff recommends approving the purchase of the filter cloth
socks from Aqua — Aerobic Systems, as the sole -source provider.
FISCAL IMPACT: The tertiary cloth filter socks are necessary for White Slough Water
Pollution Control Facility to maintain discharge permit requirements.
FUNDING AVAILABLE: Funds were budgeted for this project in the Plant Maintenance Capital
Improvements account (171493) for 2013/14.
Jordan Ayers or
Deputy City Manager/Internal ervices Director
F. ally Sandelin
Public Works Director
Prepared by Karen Honer, Wastewater Plant Superintendent
FWS/KH/pmf
cc: Larry Parlin, Deputy Public Works Director - Utilities
APPROVED:
Konradt Bartlam, City Manager
KAWP\C0UNCIL\2013\WSWPCF Filter Socks.doc 11/12/2013
AQUA -AEROBIC SYSTEMS, INC.
Paitneiinq I o i tiolut o1
AFTERMARKET PROPOSAL # 32678
TO: LODI VWVrP PROJECT: LODI (CITY OF) -WHITE SLOUGH WPCF
12751 N. THORNTON ROAD LODI
LODI CA
CALIFORNIA 95242 USA-MUN
USA PROPOSAL DATE: September 20, 2013 , modified October 23, 2013
ATN: KEN CAPITANICH
CC:
If billing and/or shipping address is different, please advise.
Qtv Description Unit Price Total Price
We are pleased to quote, for acceptance within 30 days of this
date, prices and terms on equipment listed below. Shipment of
equipment will be completed 3 - 4 business days, after receipt of
purchase order with mutually acceptable terms and conditions,
subject to credit approval. All stock is subject to prior sale.
99 Filter Cloth Sock $269.00 $26,631.00
OptiFiberPES-130 Polyester type
Chlorine resistant
Part number 2963923
12 Retainer bar - side $16.00 $192.00
New Part number 2519224
Replaces part number 2506164
New style side retainer bar uses the same hardware as the notch
and tab retainer bars
12
Retainer bar - notch, part #2506165.
$16.00
$192.00
12
Retainer bar - tab, part #2506166.
$16.00
$192.00
Freight charges reflect (1) complete shipment of proposed items,
shipping to Lodi, CA 95242.
Pricing Summary:
Equipment and/or Accessories: $27,207.00
Freight: $546.00
8% sales tax: $2176.56
Total Job Price: $29,929.56
Material and/or services not specifically listed 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.": Any different or additional terms are hereby
objected to.
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Copyright 2013, Aqua -Aerobic Systems. Inc.. Rockford, IL Printed: 9/20/2013 10:20:19 AM Page 1 of 3 CX8
Proposal Date: September 20, 2013 Proposal # 32678 AQUA -AEROBIC
SYSTEMS, INC
TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS, INC.
Page 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
acceptance of any order resulting from this proposal is bas(d on the express condition that the Buyer agrees to all the terms aid conditions
herein contained. Any terms and conditions in any order, which are in addition to or inconsistent with the following, shall not be binding
upon Aqua -Aerobic Systems, Inc. This proposal and any contract resulting therefrom, shall be governed by and construed in accordance
with the laws of the State of iYiaeie, without and to conflicts of laws principles
calftm )
PAYMENT
Unless specifically stated otherwise, quoted terms are Net 0 Days from shipping date. Past -due charges are 1.5% per month and will apply only on
any past -due balance. Aqua -Aerobic Systems, Inc. does not allow retainage of any invoice amount, unless authorized in writing by an authorized
representative of our Loves Park, Illinois office.
DURATION OF QUOTATION
This proposal of Aqua -Aerobic Systems, Inc. shall in no event be effective more than 30 days from date thereof, unless specifically stated
otherwise, and is subject to change at any time prior to acceptance
SHIPMENT
Shipping dates are not a guarantee of a particular day of shipment and are approximate, being based upon present productionnformation, and are
subject to change per the production schedules existing at time of receipt of purchase order_ Agm-Aerobic Systems, Inc. shall not be responsible
for any delay in shipment for causes beyond its control including, but not limited to, war, riots, strikes, labor trouble casing interruption of work,
fires, other casualties, transportation delays, modificaton of order, any act of governmental 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 Aqui-Aerobic Systems, Inc., Buyer may not postpone
or delay the dates of shipment 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 are F.O.B. Aqui-Aerobic Systems, Inc.'s plant at Loves Park, Illinois unless specifically stated otherwise.
Delivery of the goods sold hereunder to the carrier shall be deemed delivery to the Buyer, and upon such delivery, title to uch goods and risk of
loss or damage shall be upon Buyer.
TAXES
Prices quoted do not include any taxes, customs duties, or import fees. Buyer shall pay any and all use, sales, privilege or other tax or customs
duties or import fees levied by any governmental authority with respect to the sale or transportation of any goods covered hreby. If Aqua Aerobic
Systems, Inc. is required by any taxing authority to collect or to pay any such tax, duty or fee, the Buyer shall be separately billed at such time for
the amounts Aqua -Aerobic Systems, Inc. is required to pay.
SECURITY
If at any time the financial responsibility of the Buyer becomes unsatisfactory to Agw-Aerobic Systems, Inc., or Aqua -Aerobic Systems, Inc.
otherwise deems itself insecure as to receipt of full payment of the purchase price from Buyer hereunder, Aqua -Aerobic Systems, Inc. reserves the
right to require payment in advance or security or guarantee satisfactory to Aqw-Aerobic Systems, Inc. of payment in full of the purchase price.
LIMITATION OF ACTION
No action shall be brought against Aqua -Aerobic Systems, Inc. for any breach of its contract of sale more than two years after the accrual of the
cause of action thereof, and, in no event, unless the Buyershall first have given written notice to Aqua -Aerobic Systems, Inc., of any claim of
breach of contract within 30 days after the discovery thereof
CANCELLATION CLAUSE
No acceptance of this proposal, by purchase order or otherwise, may be modified exceptby written consent of Aqua -Aerobic Systems, Inc. nor
may it be cancelled except by prior payment to Aqus-Aerobic Systems, Inc. the following sums as liquidated damages therefor: 1) If cancellation i;
prior to commencement of production and prior to the asatmption of any obligations by Aqua -Aerobic Systems, Inc. for any materials or
component parts, a sum equal to I S% of the total purchase price; 2) If cancellation is after the commencement of production r after the assumption
of any obligations by Aqua -Aerobic Systems, Inc. for any materials or component parts, a sum equal to the total of the direct, out-of-pocket
expenses incurred to the date of cancellation for labor, machine time, materials and any charges made to us by suppliers foicancellation, plus 30%
of the total purchase price. All charges and expenses shall be as determined by Aqua -Aerobic Systems, Inc. In the event any items are used by
Aqua -Aerobic Systems, Inc. to fill a subsequent order, then upon receipt of payment for such order, Aqua -Aerobic Systems, Inc. shall pay the
Buyer a sum equal to the direct oul-of-packet expenses previously charged and received from Buyer.
PROPRIETARY INFORMATION
This proposal, including all descriptive data, drawings, material, information and knov-how disclosed by Aqua -Aerobic Systems, Inc. to Buyer in
relation hereto is confidential information intended solely for the confidential use of Buyer, shall remain the property of n{tts-Aerpbic Systems,
Inc. and shall not be disclosed or otherwise used to the disadvantage or detriment of Aqua -Aerobic Systems, Inc. in any mane. , except as requ�d
by California Pub1 C
Records Act.
6306 N. Alpine Rd. Loves Park, IL6111 1-7655 p815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Copyright 2013, Aqua -Aerobic Systems. Inc., Rockford; IL Printed: 9/20/2013 10:20:19 AM Page 2 of 3 ��
Proposal Date: September 20, 2013 Proposal # 32678 AQUA -AEROBIC
SYSTEMS, INC
TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS, 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 part such as, but not limited
to, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any other matter, then upon such
approval by any third party, Aqua -Aerobic Systems, Inc. shall have no liability to Buyer or to any third party so long as the goods sold and
delivered by Aqua -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 elect to cancel this proposal or return the
purchase order to Buyer. In the event Aqua -Aerobic Systems, Inc. elects to modify this proposal to conform to the requirements for approval by
any third party, Aqua -Aerobic Systems, Inc. in such event shall have no liability to Buyer or to any third party so long as the goods sold and
delivered by Aqua -Aerobic Systems, Inc. conform to this proposal as modified.
Buyer agrees to indemnify and save harmless Aquz-Aerobic Systems, Inc. from and against all costs and expenses and liability of any kind
whatsoever arising out of or in connection with claims by third parties so long as the goods sold hereunder conform to the rquirements of this
proposal as approved by any third party.
WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER
In return for purchase and full payment for Aqu&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 oie year from the date the goods are put into service, or eighteen
months from date of shipment (whichever first occurs). If the goods include an "Endura Series" motor, the complete Endura Series unit shall be
warranted by Aqua to be free from defects in materials and workmanship under normal conditions and use for three years from the date the product
is put into service or 42 months from the date of shipment (whichever occurs first).
OUR OBLIGATION UNDER THIS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITID 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 been defective. Prior to return of any goods or its parts to otr factory, Buyer shall notify Aqua Aerobic Systems, Inc. of claimed defect, and
Aqua -Aerobic Systems, Inc. shall have the privilege of examining the goods at Buyer's place of business at or where the goods havwtherwise been
placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods or parts to our factory for the
further examination or repair. All goods or parts shall be returned to Buyer, F.O.B.Loves Park, IIlinois. 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 instructio, or subjected to misuse,
chemical attack/degradation, negligence or accident. This warranty and any warranty and guaranty of process or performance shall no longer be
applicable or valid if any product, including any software program, supplied by AqurAerobic 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 thereof.
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, DISCONNECTING, 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 acceptance of this proposal must be given to Aqu&Aerobic Systems, Inc. at their office in Loves Park, Illinois. Please acknowledge
acceptance by signing the proposal and returning it to Aquf-Aerobic Systems, Inc.
Accepted by:
By: Date:
Offer Respeetfu%Lftbmitted,
and madified herein by
Sherry Pike, er Service Re �Contract
Aqua -Aerobic Inc.
IDA4�
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f815.654.2508 www.aqua-aerobic.com
Copyright 2013, Aqua -Aerobic Systems, Inc- Rockford. IL Printe 3� t Page 3 of 3
Approvod as to f
RESOLUTION NO. 2013-201
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR
PURCHASE OF FILTER CLOTH SOCKS FOR TERTIARY
CLOTH FILTER EQUIPMENT AT WHITE SLOUGH WATER
POLLUTION CONTROL FACILITY FROM SOLE -SOURCE
PROVIDER AQUA - AEROBIC SYSTEMS, INC.
WHEREAS, the function of the tertiary cloth filter equipment is to maximize solids
removal prior to disinfection and to comply with the National Pollutant Discharge
Elimination Systems discharge limitations. The regular 24/7 operation of this equipment
requires periodic replacement of the filter socks, in addition to the routine preventive
maintenance performed by staff operators; and
WHEREAS, per Lodi Municipal Code Section 3.20.070, Bidding, the bidding
process may be dispensed with when the City Council determines that the purchase is in
the best interests of the City; and
WHEREAS, Aqua — Aerobic Systems is the sole manufacturer of this equipment.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute the agreement for the purchase of filter cloth
socks for the tertiary cloth filter equipment at White Slough Water Pollution Control
Facility from the sole -source provider Aqua - Aerobic Systems, Inc., of Rockford, Illinois,
in the amount of $33,000.
Dated: November 20, 2013
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I hereby certify that Resolution No. 2013-201 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 20, 2013, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
WNM JOHL-OLSON
City Clerk
2013-201