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Home My WebLink AboutRES NO 129-2022e� RESOLUTION NO. 1 2 2 0 2 2 RESOLUTION DETERMINING THAT PUMPS REQUIRED FOR TRANSFERRING DIGESTED SLUDGE TO THE DEWATERING BUILDING AT WASTEWATER TREATMENT PLANT NO. 3 CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR, NOT TO EXCEED $55,000. WHEREAS, Wastewater Treatment Plant No. 3 (WWTP 3) has four progressive cavity feed pumps for transferring digested sludge to the dewatering building; and WHEREAS, progressive cavity feed pumps currently in service are NETZSCH NEMO pumps; and WHEREAS, NETZSCH NEMO pumps are solely distributed by MISCOwater as stated in the sole source letter attached hereto as Exhibit A and incorporated by reference herein; and WHEREAS, WWTP3 is in need of replacing two progressive cavity feed pumps, for which MISCOwater has submitted a quote attached hereto as Exhibit B and incorporated by reference herein; and WHEREAS, the Public Works Director recommends the Council find the purchase of replacement pumps for the digested sludge at WWTP3 can only be reasonably obtained from MISCOwater, because MISCOwater is the sole distributor of the parts for the City's geographical area, and recommend the Council dispense with bidding requirements, 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 are true and correct and incorporated herein by reference. 2. Based on the facts included in the above recitals, the purchase of the required parts and services can only be reasonably obtained from MISCOwater, because MISCOwater is the sole distributor of the required parts for the City's geographical area. 3. The expenditure of funds for required parts and services shall not exceed Fifty - Five Thousand Dollars ($55,000). --Page 1 of 2 Pages— oC m SAPlant 3\Contracts\MISCOWater\Resolution.docx `ORIGINAL 4. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code 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 AUG 17 2022 by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PQ..YYI&n ib�'t . J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: AUG 17 2022 By KAR N GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney B Y JOSI RUDNICK Deputy City Attorney II --Page 2 of 2 Pages— o >- m o SAPlant 3\Contracts\MISCOWater\Resolution.docx vORI��NAL NETZSCH Pumps North America, LLC City of Bakersfield Public Works Department, Wastewater Division Attn: Mr. David Weatherly 1501 Truxtun Ave Bakersfield, CA 93301 E-mail: deatherly@bakersfieldcity.us Phone:+1 (661) 326-3249 Subject: Authorized Distribution of NETZSCH Pumps and Parts Dear Mr. Weatherly, dear Sir or madam, HETZSEH Effective Date: 6/21/2022 Expiration date: 6/20/2023 This letter is to confirm that MISCOwater is the authorized and designated distributor for sales and service of NETZSCH products and spare parts listed below for the municipal water and wastewater facilities in Southern California. • NETZSCH NEMO® Progressing Cavity Pumps • NETZSCH TORNADO® Rotary Lobe Pumps MISCOwater's contact information is as follows: 27101 Burbank Suite B Foothill Ranch, CA 92610 Phone (949) 458-5555 Fax (949) 458-5500 Thank you for your interest in the NETZSCH product line and if you need any additional information please feel free to contact me. Sincerely, '�aK Marcel Schade, Regional Sales Manager NETZSCH Pumps North America, LLC marcel.schadeCaD-netzsch.com Direct: (432) 934-6262 EXHIBIT NETZSCH Pumps North America, LLC Website: www.pumps.netzsch.com Tel: +1 610-363.8010 ril 119 Pickering Way Fax: +1 610-363-0971 V r— Exton, PA 19341 Email: npa@netzsch.00m ORIGINAL EXHIBIT MISCO Customer MISCOWATER 27101 Burbank, Suite B Foothill Ranch, CA 92610 (949) 458-5555 City of Bakersfield 1600 Truxtun Ave., Suite 200 Bakersfield, CA 93301 Ship To City of Bakersfield Plant #3 6901 McCutchen Road Bakersfield, CA 93313 Date Quote # 5/24/22 052422-1SW Line # Description Qty Rate Total 1 NETZSCH NEMO Progressive Cavity Pump FSIP® 2 21,250.00 42,500.00 design model NM076BYO 1 P05V.2 bare shaft (no drive and no baseplate) as per the technical. Duplicate bare shaft pump of 41000630 2 Estimated Freight Charge 1 1,808.00 1,808.00 "Freight is just an estimate, actual freight will be charged at the time of invoicing. LEAD TIME: Equipment 8-10 Weeks after acceptance of order Contingent upon availability Submittals not included SALES TAX: Proposal does not include any sales, use, federal, state, local, excise, or other similar taxes or duties unless expressly stated in this quotation. All applicable taxes shall be paid by Buyer. Sales Tax will be calculated based on the rate at the time of shipment. If order is tax exempt, Buyer must provide a resale certificate or tax exemption certificate, whichever is applicable, to Seller upon acceptance of order. FOB: Origin SHIPPING & BILLING: Please provide Shipping Address for Delivery and Billing Address for Invoice Total NKE, Page 1 o m >- r `ORIGINAL MISCO Customer MISCOWATER 27101 Burbank, Suite B Foothill Ranch, CA 92610 (949)458-5555 City of Bakersfield 1600 Truxtun Ave., Suite 200 Bakersfield, CA 93301 Ship To City of Bakersfield Plant #3 6901 McCutchen Road Bakersfield, CA 93313 Quote Date Quote # 5/24/22 052422-1SW Line # Description Qty Rate Total PAYMENT TERMS: Subject to prior credit approval, the terms of payment are; 100% upon equipment shipment (or offer to ship), Net 30 Days TERMS & CONDITIONS: MISCOwater's standard Terms and Conditions of Sale apply and are an integral part of this quotation unless specifically noted otherwise in this proposal. Total $44,308.01 YJ RJ Page 2 MISCOWATER — TW ASSOCIATES TERMS & CONDITIONS OF SALE '1. ACCEPTANCE When the Buyer signifies acceptance of this quotation by submission of a Purchase Order or signed MISCOWATER Quotation, it shall become a binding contract when accepted and signed by an authorized signer of the Seller (MISCOWATER). Any changes or amendments to this proposal made by the Buyer must have MISCOWATER's approval in writing to become a part of this contract. 2. DELIVERY Any shipment or delivery date recited represents our best estimate, but no liability, direct or indirect, is assumed by MISCOWATER for failure to ship or deliver on such dates. Unless otherwise directed, MISCOWATER shall have the right to make early or partial shipments and invoices covering the same to Buyer shall be due and payable in accordance with payment terms hereof. FOB shall be origin. 3. APPROVAL DRAWINGS Any preliminary drawings or literature attached to our quotation are for illustration purposes only to show approximate arrangements. Specific drawings and submittal data will be furnished for approval as required after receipt and acceptance of the Buyer's order. Fabrication of products or equipment ordered will not begin until approval and direction to proceed is received in writing. 4. PAYMENT Payment terms, upon credit approval, are Net 30 Days from the date of each invoice issued for each partial or final shipment. Flowdown provisions are not accepted. Retention is not allowed. In the event any payment becomes past due, a charge of 1.5% will be assessed monthly. 5. TAXES AND BONDS Taxes and bonds are NOT included in our pricing. Any applicable taxes or bonds will be added to the price and shown separately on each invoice. 6. CLAIMS AND BACKCHARGES Buyer agrees to examine all materials immediately upon delivery and report to Seller (MISCOWATER) in writing any defects or shortages noted no later than 10 days following the date of receipt. The parties agree that if no such claim is made within said time, it shall be considered acceptable and in good order with respect to any defect or shortage which would have been revealed by such an inspection. In no event will MISCOWATER be responsible for any charge for modification, servicing, adjustment or for any other expense without written authorization from MISCOWATER prior to the performance of any such work. 7. SECURITY INTEREST & TITLE Until all amounts due MISCOWATER have been paid in full, Seller shall retain a security interest in the product and have all rights of a secured party under the California Uniform Commercial Code, including the right to repossess the product or equipment without legal process. 8. WARRANTY MISCOWATER warrants that the product furnished will be free from defects in material and workmanship when installed, operated and maintained under design conditions and in accordance with the manufacturer's written instructions. Warranties will expire (18) months after shipment or twelve (12) months after start-up, whichever occurs first. Expandable items such as filter or scrubber media are excluded from this warranty. THIS WARRANTY, INCLUDING THE STATED REMEDIES, IS EXPRESSLY MADE BY SELLER AND ACCEPTED BY PURCHASER IN LIEU OF ALL OTHER WARRANTIES. SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCT HEREIN. SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR LIQUIDATED DAMAGES, AND IN NO EVENT SHALL BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT PURCHASED ON THIS ORDER. The foregoing is Seller's only obligation and Buyers exclusive remedy for breach of warranty, and, except for gross negligence and willful misconduct, the foregoing is Buyers exclusive remedy against Seller for all claims arising hereunder or relating hereto. Buyer's failure to submit a timely claim as provided shall specifically waive all claims for damages or other relief. 9. CANCELLATION Should this order be cancelled, Buyer shall be obligated to pay for the level of work performed and products shipped. Work performed includes any engineering, calculations, preparation of submittals, drawings, and/or travel to job site in relation to this order. 10. FIELDWORK Unless specifically stated on our quotation, installation, start-up service, supervision, operation and training are not included in our pricing of product. 11. COMPLETE AGREEMENT These terms are intended by the parties as a final expression of their agreement and are intended also as a complete and exclusive statement of the terms of their agreement. No course or prior dealings between the parties and no usages of the trade shall be relevant to supplement or explain any term used in this agreement. This agreement supersedes all prior representations and agreements with respect to the matters set forth herein and may be modified only by a written agreement to and signed by each of the parties. gAKF MISCOWATER: Title: By: Title: 9 Date: Date: Rev. 06/07/2016