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Home My WebLink AboutRES NO 194-16RESOLUTION NO. 1 9 4 -16 RESOLUTION DETERMINING THAT CERTAIN NETZSCH PROGRESSIVE CAVITY PUMPS REQUIRED FOR THE WASTEWATER TREATMENT PLANT NO. 3 ACTIVATED SLUDGE SYSTEM CANNOT BE OBTAINED THROUGH THE USUAL BIDDING PROCEDURES BECAUSE GIERLICH MITCHELL, INC. IS THE SOLE DISTRIBUTOR OF THE NETZSCH PROGRESSIVE CAVITY PUMPS FOR THE CITY'S GEOGRAPHICAL AREA AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING, NOT TO EXCEED $135,000. WHEREAS, the City's Wastewater Treatment Plant No. 3 (W WTP 3) is in need of two waste activated sludge pumps (WAS) and one thickened waste activated sludge pump (TWAS); and WHEREAS, the City currently has Netuch progressive cavity pumps in place at the activated sludge system; and WHEREAS, replacing like for like minimizes replacement cost and eliminates need for connection modifications; and WHEREAS, Gierlich Mitchell, Inc. is the sole distributor of Netzsch progressive cavity pumps in the City's geographical area, as shown in Exhibit A; and WHEREAS, the Public Works Director recommends the Council find said purchase of three Netuch progressive cavity pumps can only be reasonably obtained from Gierlich Mitchell, Inc., and recommends the Council dispense with bidding in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and are incorporated herein by reference. 2. The City Council hereby finds that said purchase of three Netuch progressive cavity pumps for W WTP 3 can only be reasonably obtained from Gierlich Mitchell, Inc. because they are the sole distributor of Netuch progressive cavity pumps for the City's geographical area. oFeAKF9�r f � n ORIGINAL 3. The Finance Director is authorized to dispense with bidding and to negotiate the purchase of same, not to exceed $135,000, ----- ------ -000---------- - - -- 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 DEC 1 6 2016 by the following vote: r ✓ ✓ ✓ ✓ COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, TKAC, SULLIVAN, PARLIER NOES COUNCILMEMBER N Qh-Q ABSTAIN: COUNCILMEMBER tl ABSENT'. COUNCILMEMBER ROBER FO� CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 11 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney +HUA H. ity Attorney II Attached: Exhibit A oFO� 9 r u o ORIGINAL S �Evear\SOleSOUrceReso - (T)WAS Pumps.doex NETZSCH Pumps North America, LLC NETZSEH Date: November 7, 2016 EXHIBIT A Subject: Authorized NETZSCH Municipal Representative for Southern California Dear Sir or Madam: This letter is to certify that Gierlich Mitchell, Inc. (GMI) is the sole factory authorized distributor for sales and service of NETZSCH Progressing Cavity Pumps, Tornado Rotary Lobe Pumps, Rotary Grinders and related spare parts for municipal water and waste treatment facilities for Southern California which includes Bakersfield. All inquiries for pumps or replacement parts should be directed to them and all customers from this portion of the state contacting our factory in Exton, PA will be referred to them. Should you have any questions, please feel free to contact us. Thank you for your business. Best Regards, Jeffrey Bye Director of Customer Relations Netzsch Pumps North America, LLC Direct: +1(610) 280 -1288 Jeffrev.bve @netzsch.com cc: Andreas Schmidt (NETZSCH), Ryan McCloskey (GMI) NETESCHP p Amen, LLC Wenvm: wx',etrsli mn tt8 Py Wry Fi1on, PA A 1 19301 Tel 11616Wl > tr 6184 71 Emtll. npecnel Wtl J ORIGINAL G I E R L I C H MITCHELL — EST. 1964 — November 14, 2016 David Weatherly City of Bakersfield, Public Works Dept. 6901McCutchen Road Bakersfield, CA 93313 Re: Replacement Pumps Dear David, We are pleased to offer the following for your consideration: GMI Quote #01267 TTEM QUANTIrr Y DESCRIPTION _UEMPRIQF PRICE 1 I Netzsch NEMO Progressing Cavity Pump $44,121.00 $44,121.00 Model NM 125SYOI L07V bare shaft, (no drive and no baseplate). Duplicate of MAC2011030607. 2 1 Drive and accessories as supplied in $10,560.00 $10,560.00 MAC2011030607: WEN 30 HP motor with thermostat and space heater, Nord Reducer, and coupling. 3 1 "Shipping and handling to California for $2,234.00 $2,234.00 one - NM 125SYOI L07V bare shaft, plus Drive and accessories. 4 1 Netzsch NEMO Progressing Cavity Pump $9,036.00 $9,036.00 Model NM063SYOI L07V bare shaft, (no drive and no baseplate). Duplicate of MAC2011030707. 5 1 Drive and accessories as supplied in $3,626.00 $3,626.00 MAC2011030707: WEN 7.5 HP motor with space heater, Nord Reducer, and coupling. 6 1 -*Shipping and handling to California for $1,150.00 $1,150.00 one - NM063SYOI L07 V bare shaft, plus Drive and accessories. TOTAL $70,727.00 GENERAL NOTES: 1. No taxes included in above pricing Glldldh Mhch.il, IOC. 10533 Progress Way. Suite A, Cypress, California 9063' phone (714) 2366070 fax (714)2366080 gierich mo�IRIPYCwryO, > m O � ORIGINAL G I E R L I C H MITCHELL — EST. 1961 — GMI Quote #01267 2. Pricing valid for thirty (30) days. 3. Price is F.O.B. Factory, FFA. 4. Proposal subject to GMI Terms & Conditions attached and/or terms and conditions of individual companies quoted. Thank you for giving us the opportunity to quote you on this project. If you have any comments or questions, please feel free to contact our office at (714) 236 -6070. Respectfully yours, GIERLICH- MITCHELI, INC. Bryson Brockman Engineered Sales Associate pp gAKF9 Giedich- Mitchell, Inc. 10533 Prooress Way, Surte& Cypress, Cal4,—. 90630 ph— (T4)2366070 lan(714)2366080 glerli3:m�igpeltcom R, V � ORIGINAL GIERLICH MITCHELL — EST. 1 9 6 4— GMI Quote #01267 TERMS AND CONDITIONS OF SALE 1. ACCEPTANCE. This proposal is submitted to Purchaser subject to the terms and conditions hereinafter set forth. There are no agreements or representations, verbal or otherwise, outside of this proposal. Upon the acceptance hereof by Purchaser by signing an acceptance copy of this proposal and returning the same to Seller and upon execution of this proposal by an authorized representative of Seller, this proposal shall become a binding contact 2. DELIVERIES. GIERLICH- MITCHELL, Inc. shall not be liable for delays in delivery due to fire, flood, natural causes, labor trouble (including strikes, slowdowns and lockouts), war, Government regulation, riot, civil disorders, interruption of or delay in transportation, power failure, inability to obtain materials and supplies, accidents, acts of God, or any other cause beyond Seller's reasonable control. Please let us know the delivery date required for this equipment. We will process this order using all means possible to insure "on time" delivery. Any information regarding delays in your schedule that will affect our equipment, must be made available to us. In most instances, our factories can delay shipment of equipment within reasonable limits to meet a revised schedule. Job delay information not passed on to us in time for us to reschedule delivery will not be considered sufficient cause to delay payment to us. If shipment is delayed at request of Purchaser or by Governmental actions, payment becomes due when the factory is ready to make shipment. 3. PAYMENT. Terms are Net 30 days from date of shipment invoice. Interest charges of 1.5% per month will be added to any past due invoices. Seller may ship on a "when ready" basis and partial invoice that equipment shipped. Partial invoices are bound by the same terms and conditions as those invoices submitted upon complete shipment of equipment. 4. BACKCHARGES not authorized by GIERLICH- MITCHELL, INC. written purchase order will not be honored. 5. RETENTIONS not previously approved in writing by GIERLICH - MITCHELL, INC. will not be honored. 6. RESPONSIBILITY. GIERLICH- MITCHELL, INC. shall not be responsible for damage to equipment if misused, stored or improperly installed. GIERLICH- MITCHELL, INC. SHALL NOT BE LIABLE FOR CONSEQUENTIAL, LIQUIDATED OR OTHER SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES FOR THE PURPOSES OF TIES AGREEMENT SHALL INCLUDE BUT NOT BE LIMITED TO, LOSS OF USE, INCOME OR PROFIT, OR LOSS OF DAMAGE TO PROPERTY (INCLUDING, BUT WITHOUT LIMITATION, PRODUCTS MANUFACTURED, PROCESSED OR TRANSPORTED BY THE USE OF THE EQUIPMENT) OCCASIONED BY OR ARISING OUT OF THE OPERATION, USE, INSTALLATION, REPAIR OR REPLACEMENT OF THE EQUIPMENT OR OTHERWISE. Breach of any term or condition of this contract shall not be deemed to invalidate the remainder of this contract. 7. WARRANTY. For benefit of the original user, GIERLICH- MITCHELL, INC., warrants all new equipment to be free from defects in material and workmanship; and will replace or repair, F.O.B. at its factories or other location designated by it, any part or parts returned to it which GIERLICH- MITCHELL, Inc. examination shall show to have failed under normal use and service by the original user within one year following initial shipment to the Purchaser. This warranty does not cover parts damaged by maintenance, installation, modification or adjustment. Such repair or replacement shall be free of charge for items except for those items that are consumable and normally replaced during maintenance. g AKf9 o T Giedich- Mitchell, Inc. 1023Progress Wag Suite/ CWpres,Cehforni %630 phonep14l2M6070 fan(714)29660&) gxh&-lIhellco m o � ORIGINAL G I E R L I C H MITCHELL —EST. 1964— GMI Quote #01267 THIS WARRANTY IS EXPRESSLY MADE BY GIERLICH - MITCHELL, INC. AND ACCEPTED BY PURCHASER IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED ORSTATUTORY. This warranty shall not apply to equipment or parts thereof which have been altered or repaired without GIERLICH - MITCHELL, INC. authortation or damaged by improper installation or application, or subject to misuse, abuse, neglect or accident. This warranty applies only to equipment manufactured and sold by GIERLICH- MITCHELL, INC. In cases where equipment is manufactured by others, the manufacturer's warranty shall take precedence. 8. TAXES. Prices are exclusive of all taxes, federal, state, local of any kind of nature. 9. PRICE PROTECTION. Unless otherwise set forth herein, prices are firm based upon the following conditions: a. Receipt ofa valid order within thirty (30) days from date or proposal. b. Receipt of drawings and specifications necessary to proceed within one week of purchase order. 10. TRANSPORTATION. Unless otherwise set forth herein, all prices are F.O.B. our factories with full freight allowed. The consignee must report all claims for damages in transit to the carrier. 11. COMPLIANCE WITH LAWS. Purchaser shall be solely responsible for securing any necessary permits under and for compliance with all safety, health, sanitation and other laws, ordinances and regulations in connection with the installation and operation of the equipment. 12. INDEMNIFICATION. It is understood that Seller has relied upon data furnished by and on behalfofPurchaser with respect to the safety aspects of the equipment and that is Purchaser's responsibility to assure that the equipment will, when installed and put in use, be in compliance with safety requirements fixed by law and otherwise legally adequate to safeguard against injuries or damage to persons or property. Purchaser hereby agrees to defend, indemnify and hold harmless Seller, its' agents and employees, against any and all losses, costs, damages, claims, liabilities or expenses, including but not limited to reasonably attorney's fees arising out ofor use or operation ofthe same, except claims for repair or replacement of defective parts as provided in Paragraph 7 hereof. 13. RETURN GOODS. Goods may not be returned without previous written permission. Returned material must be sent prepaid and is subject to a re- stocking charge. Custom built goods are not eligible for return. 14. CANCELLATION. The purchaser may cancel his order only upon written notice and payment of reasonable cancellation charges, taking into account expenses, commitments already made, and anticipated profit. 15. TITLE. Title to equipment specified herein, and to any and all additions and accessories thereto and substitutions therefore, shall remain with Seller until the purchase price thereof is paid in full. 16. LIEN INFORMATION. Please provide ifapplicable. <,BPKF9 Gierlich- Mitchell, Inc. 10533 Progress Way, Airteq Cypress. Calilornia `Ati?0 pfi— (714)2366070 faw(714)2366060 giwLdi- mnAkll corn ST I m 0 0 ORIGINAL G I E R L I C H MITCHELL EST. 1961 — GM] Quote #01267 This signed acceptance of this quotation constitutes a contract and order to purchase in accordance with all Teens and Conditions referred to herein. Buyers purchase order is acceptable, providing purchase order references Terms and Conditions contained herein. Project: Accepted: Accepted: Gierlich- Mitchell, Inc Signature: Signature: 02 Date: m Date: oF0AKf9`t -� Giedich- Mitchell, Inc. 10533 Progress Way, Surte A C,,,,CaJomia WV 30 phone (71412'660]0 Ma (714)236 6030 m4cfitc— m J O ORIGWAL