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HomeMy WebLinkAboutRES NO 063-15RESOLUTION NO, 063- 15 RESOLUTION DISPENSING WITH BIDDING PROCEDURES DUE TO EMERGENCY PURCHASE OF SULFATREAT MEDIA FOR TWO DIGESTER GAS TREATMENT TANKS AT WASTEWATER TREATMENT PLANT NO. 3, NOT TO EXCEED FIFTY -FIVE THOUSAND DOLLARS ($55,000). WHEREAS, Wastewater Treatment Plant No. 3 (WWTP3) is required to perform digester gas treatment using a special type of media filter to remove hydrogen sulfide (1­12S) from the gas; and WHEREAS, the existing media cannot perform to the standards outlined in the WWTP3 Air Board permits; and WHEREAS, SulfaTreat is different type of special media that has had success at WWTP3 and is capable of removing 1­12S to the standards of the WWTP3 Air Board Permits; and WHEREAS, WWTP3 is in danger of receiving fines from the San Joaquin Valley Air Pollution Control Board because of the level of 1­12S gas in the air if the media is not replaced immediately, thus making the immediate purchase of SulfaTreat media an emergency; and WHEREAS, Staff received a quote for the purchase of the SulfaTreat media, attached as Exhibit "A," and not to exceed $55,000. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above - recitals are true and correct and incorporated herein by reference. 2. Based on the facts included in the above recitals, the purchase of product was of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in Section 136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code. 3. The expenditure of funds for said media shall not exceed Fifty Five Thousand Dollars ($55,000) . 4. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code - -Page 1 of 2 Pages -- C: \Users\zmeyer \Desktop \Resolution - WdV Sulfatreat Media.doc m _-,0C,1NAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 0 3 2015 by the following vote: V� ✓ ✓ ✓ ✓ ✓ ✓ YES' COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON. SULLIVAN, PARLIER NOES: COUNCILMEMBER: r4rft. ABSTAIN: COUNCILMEMBER: Gm_ ABSENT: COUNCILMEMBER: OfQ-. — APPROVED: JUN 0 3 2015 HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ROBERTA GAFFORD, CM CITY CLERK and Ex Offic Jerk of the Council of the City of Bakersfield iOSHUA RUDNICK Deputy City Attorney II - -Page 2 of 2 Pages -- C: \Users\zmeyer\Desktop \Resolution - WW Sulfatreat Media.doc o�P�K�9s T c? nF�1rtNAl. `T Mi SWAG A Schlumberger Company PRICE QUOTATION PREPARED FOR: DATE: May 14, 2015 City of Bakersfield Waste Water Treatment Plant #3 David Weatherly 661 - 332 -0540 We are offering the following quotation for "SulfaTreat CHP" 40 - 2000 lb. bags - 80,000 lbs. SulfaTreat CHP- @ $940.00 / bag ($0.47 per lb.) Ex Works, St. Louis, MO = $ 37,600.0 4 — 2000 lb. bag — 8,000 lbs. SulfaTreat CHP - @ $1140 / bag ($0.57 per lb.) FOB Bakersfield, CA = $ 4,560.0 Media price includes a discount — list price for SulfaTreat CHP is $0.52 / lb Ex Works St. Louis, MO and $0.62 / lb Ex Works Bakersfield 2 - 122" diameter Foam Filter (1,124.59 ea.) = 2� 2. 249.1_8 PRICE TOTAL $ 44,409.18 + Tax Freightfor all media delivered to the Job Site = $ 6,400.00 Terms Net 30 Days Sincerely, Brian Kay Sales Executive for California Purification Solutions M -1 SWACO, A Schlumberger Company Office: 805 - 460 -6100 Cell: 661- 342 -0017 bkavD- slb.com o�`� F KE�s T �- rn }— C? ORIGINAL STANDARD TERMS OF SALE 1. GENERAL A. M -I L.L.C. ( "Seller ") values highly the confidence and good will of its customers and suppliers. Seller offers its products and services only on their merit, and Seller expects its customers to judge and purchase Seller's products and services solely on the basis of quality, price, delivery and service. Likewise, Seller buys only on merit, and it judges and purchases solely on the basis of quality, price delivery and service. This policy applies in all relationships with Seller's customers and suppliers. B. All products sold by Seller are sold at the prices set forth in Seller's current price list unless otherwise agreed in writing signed by an authorized representative of Seller. Seller's prices, which are subject to change without notice, are based upon these terms of sale. Accordingly, this document, together with any additional writings signed by an authorized representative of Seller, represents a final, complete and exclusive statement of the agreement between the parties, supersedes any prior agreement or understanding between the parties, and may not be modified, supplemented, explained or waived by parol evidence, an oral representation or understanding, Buyer's purchase order, a prior course of dealing, usage of the trade, Seller's performance or delivery or in any way except in writing signed by an authorized representative of Seller. No sales representative or agent of Seller has any authority to change, in any manner, these terms of sale. These terms are intended to, and do, cover all activity provided by Seller to Buyer with respect to the use of the products, even if Buyer fails or refuses to sign where indicated on the face hereof. Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and services covered hereby and no warranties or other terms therein shall have any force or effect. Catalogs, circulars and similar pamphlets of the Seller are issued for general information purposes only and shall not be deemed to modify the provisions hereof. C. The agreement formed hereby and the terms hereof shall be governed by and construed in accordance with the laws of the State of Texas, especially the Uniform Commercial Code thereof. If any provision hereof is held by a Court to be illegal or invalid or in conflict with any law, the validity of the remaining provisions shall not be affected. Buyer's remedies for tortuous conduct or breach or contract or otherwise on the part of Seller are limited to those set forth herein. 2. TAXES Any sales, use or other, similar tax imposed on this sale or any associated transaction is not included in the price and such tax shall be billed separately to the Buyer. Seller will accept a valid exemption certificate from the Buyer if applicable; however if an exemption certificate previously accepted by Seller is not recognized by the government taxing authority involved and Seller is required to pay the tax covered by such exemption certificate, the Buyer shall promptly reimburse Seller for taxes paid. i 4�AK�'9 m c? c7 3. PERFORMANCE, ACCEPTANCE AND REMEDIES A. A claim by Buyer for alleged defective products, shortage or other cause (other than those made under the Patent provisions hereof) is waived unless made in writing and, if with respect to a shortage, received by Seller within ten days after delivery of the respective shipment to Buyer's designated location, or, if with respect to a defect or other cause, received by Seller within ten days after discovery by Buyer or its representative but no event later than 45 days after delivery of the respective shipment to Buyer's designated location. Absent such a claim, the products shall be deemed accepted. There shall be no revocation of acceptance. Rejection may be only for defects substantially impairing the use of the products. Defective products must be held for Seller's inspection and returned by Buyer at Buyer's sold expense to the original f.o.b. point of sale upon Seller's request. Upon Buyer's submission of a claim as provided above and its substantiation, Seller shall, at its option, either (i) repair or replace its product at the original f.ob. point of sale or (ii) refund an equitable portion of the purchase price. B. Seller shall not be responsible for nondelivery, nonperformance or delays in delivery or performance occasioned by any causes beyond Seller's reasonable control or which cannot be overcome without unusual expense, including, without limitation, labor difficulties, delays of vendors or carriers, fires, governmental actions or material shortages. Any delays so occasioned shall affect a corresponding extension of Seller's delivery or performance dates which are, in any event, understood to be approximate. C. If seller fails to make delivery, timely or otherwise, or repudiates, or is otherwise breach, Buyer may not establish the measure of damages by cover, but Buyer's damages, if any, shall be limited to the difference between the contract price and the market price. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL BUYER BE ENTITLED TO RECOVER FOR INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF PRODUCTION, LOSS OF USE, DAMAGE TO THE WELL OR TO THE RESOVIOR, POLLUTION OR OTHER PROPERTY DAMAGE CAUSED BY BLOWOUT, SEEPAGE OR UNCONTROLLED WELL FLOW, BUSINESS INTERRUPTION, DOWNTIME, COSTS OR COSTS OF MONEY. An action by Buyer alleging breach hereof must be commenced within two years after the cause of action has accrued. D. If Buyer wrongfully rejects or revokes acceptance of the products tendered hereunder, Seller shall have a right to recover as damages the price as stated herein. Upon recovery of the price, the items involved shall become the property of the Buyer. E. Products may be returned for credit upon the prior approval of an authorized representative of Seller. Products so returned must be in saleable condition and Buyer will be charged for restocking the same. 4. TITLE AND RISK OF LOSS rc �' _ m Full risk of loss (including transportation delays and losses) of the products shall pass to the Buyer upon the delivery of the products to the f.o.b. point of sale, which shall be Seller's warehouse unless otherwise provided on the face hereof. However, Seller shall retain title to and a security interest in the products and the proceeds thereof, until paid for in full in cash. Seller's acceptance of check, draft or other remittance in the form of commercial paper, except legal tender, is conditional payment only and does not constitute final payment. Seller may, at Seller's option, repossess the products or the proceeds thereof upon Buyer's default in payment thereof, and charge Buyer with any deficiency. Buyer hereby grants Seller permission to enter into Buyer's or other's premises (whether locked or otherwise) to repossess said products. 5. WARRANTY AND LIMITATION OF LIABILITY A. Seller warrants good title of its new products only against liens, encumbrances and claims arising by, through and under Seller but not otherwise. B. Seller warrants that new products, which it produces or manufactures, and reconditioned products, which it reconditions, will be of good quality when shipped and will be free from defects in material and workmanship. No warranty is made by Seller with respect to used products or products not produced or manufactured by Seller and Seller will assign to Buyer whatever warranty Seller receives from the producer or manufacturer thereof. No warranty is made by Seller with respect to its ancillary services and recommendations which are advisory only and may be rejected by Buyer. No warranty is made by Seller with respect to any mixtures or systems comprised in whole or in part or its products which have been concocted, prepared or mixed in whole or in part by Buyer or others. C. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING ANY REGARDING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOT SPECIFIED HEREIN, RESPECTING THIS AGREEMENT OR THE SALE OF SELLER'S PRODUCTS, THIS AGREEMENT STATES THE ENTIRE OBLIGATION OF SELLER IN CONNECTION WITH THIS TRANSACTION. 6. PATENTS Seller agrees to assume the defense of any suit for the infringement of any United States patent brought against Buyer to the extent such suit alleges infringement of a product claim by Seller's product in and of itself, provided (i) the produced entirely according to Seller's design, (ii) Buyer notifies Seller in writing of the filing of such suit within ten (10) days after the service of process thereof, and (iii) Seller is given complete control of the defense of such suit including the right to defend, settle and make changes in the product for the purpose of avoiding infringement. Seller assumes no responsibility for infringement of any process or method claims, unless infringement of such claim is the result of the following specific instructions furnished by the Seller. r f- r HIGIN i 7. PAYMENT, INTEREST AND ATTORNEY'S FEES Buyer hereby, and by each order, represents that it is solvent and fully able to pay for the products and associated services ordered. Terms are cash, net 30 days; provided, however, Seller may at any time demand payment on or before delivery. Payment shall be made at Seller's main office in Harris County, Texas. Interest will be charged on accounts which are 30 days past due at the rate of 11/2% per month or the maximum rate allowed by law, whichever is less. If seller places said delinquent account with an attorney or agency, Buyer shall pay, in addition to the amount owed, reasonable attorney's or agent's fees incurred by Seller. �PKF9 m r r- nmG, INAI