HomeMy WebLinkAboutItem 05 Approval of Purchases with Veolia Water Technologies as a Sole Single Source Vendor ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 4, 2021
Item # 05
Reviewed By:
Contact Name: Trent Hopper Department Director: Jamie ..te.
Contact Number: 407-554-7241 City Manager: Robert Fran /
Subject: Approval of all purchases in future with Veolia Water Technologies as a sole single
source-vendor.
Background Summary:
The City of Ocoee annually budgets funds for spare stock and right- and left-handed gearboxes for
oxidation ditches. Veolia Water Technologies (dba Kruger) is the sole supplier of NORD motors,
gearboxes, end and drive bearings and the original designer of the City of Ocoee's Wastewater Treatment
Plant.
Issue:
Should the Mayor and City Commission approve Veolia Water Technologies, the City's current sole single
source vendor, for the purchase of spare stock?
Recommendations:
Staff recommends the City Commission'approve the Veolia Water Technologies (dba Kruger) as a sole
single source vendor for parts and repairs for the Wastewater Treatment Plant, including gearboxes for
the oxidation ditches. Staff also recommends the City Manager be authorized to approve future purchases
with Veolia Water Technologies up to the limit of his purchasing authority for each purchase not to exceed
the budgeted amount each fiscal year.
Attachments:
Quote
Financial Impact:
These items were previously budgeted in the 2020-2021 budget year for $83,493.42, and the quote for
this purchase is $80,864.73.
Type of Item: (please mark with an x)
Public Hearing For Cleric's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. Rebecca Roberts (4/27/21) c\j\ N/A
Reviewed by () N/A
VE 0 L IA QUOTE
QUOTE NO. 012420REV1
DATE: 10.16.20
Veolia Water Technologies, Inc. (dba Kruger) EXPIRATION DATE: 11.16.20
1500 Garner Road, Suite C This quote is valid for 30 days
Raleigh, North Carolina 27610 USA
PHONE 888-578-4378 FAX 919-661-4568
EMAIL: usmunicipalsupport@veolia.com
TO Trent Hopper FROM: Tony Cook
Ocoee WWTP FL Customer Solutions Manager- Southeast USA
1800 AD Mims Road Mobile: 919.931.9044
Ocoee, FL 34761 Email: tony.cook@veolia.com
1.407.427.3054
Thopper@ocoee.org
SALESPERSON JOB PAYMENT TERMS DELIVERY TERMS DELIVERY SCHEDULE
AAC Ocoee WWTP Net 30 Days F.O.B. Prepaid Et Add 4 - 6 WEEKS
Destination
Veolia Water Technologies, Inc(dba Kruger)is pleased to accept Credit Card payments using MasterCard,VISA or American Express upon
verification by the card issuer of the card's sufficiency for the order. To use a credit card for order payment, please fill out the
attached Credit Card Payment Authorization form (Appendix A). Credit card payments will be processed at the time of order
acknowledgement and sales tax will be added if applicable.
QTY PART NUMBER AND DESCRIPTION UNIT PRICE LINE,TOTAL
1 NORD SK9082.1 RIGHT HAND WITH 60HP INTEGRAL MOTOR; $39,758.77
COUPLING TO ROTOR TUBE SOLD SEPARATELY
1 NORD SK9082.1 LEFT HAND WITH 60HP INTEGRAL MOTOR; $39,758.77
COUPLING TO ROTOR TUBE SOLD SEPARATELY
1 YEAR WARRANTY (12 MONTHS FROM STARTUP OR 18 MONTHS
FROM SHIPMENT, WHICHEVER OCCURS FIRST).
*CONFIDENTIAL, Not to be shared with a third party*
SUBTOTAL $79,517.54
LESS 15% DISCOUNT Included
ALL PRICES SUBJECT TO COST AND AVAILABILITY AT TIME OF ORDER. PROCESSING FEE WAIVED
PRICES QUOTED ABOVE DO NOT INCLUDE SHIPPING, BROKERAGE, ESTIMATED FREIGHT $1,347.19
CUSTOMS DUTIES Et FEES, START UP SERVICES, APPLICABLE TAXES. SALES TAX If applicable
MINIMUM ORDER$50.00. TOTAL $80,864.73
PLEASE NOTE:
A signed Quotation is required to process
Quotation prepared by: Tavly Cook/ order. If you submit a PO,please reference
Veolia Water Technologies,Inc(dba Kruger
To accept,sign here and return`: Water Technologies)Quotation number to
process order.
VEOLIA WATER TECHNOLOGIES, INC(DBA KRUGER)QUOTATION IS FOR PARTS&SERVICES ONLY.THE PRICING IS EXPRESSLY
CONTINGENT UPON THE ITEMS IN THIS QUOTATION&ARE SUBJECT TO VEOLIA WATER TECHNOLOGIES,INC.(DBA KRUGER WATER
TECHNOLOGIES)STANDARD TERMS OF SALE FOR PARTS&SERVICES ORDERS AS DETAILED HEREIN.NO ADD'L TERMS CONTAINED
WITHIN OWNER'S AND/OR ENGINEER'S PLANS&SPECIFICATIONS SHALL APPLY TO NOR BECOME A PART OF THIS QUOTE.
KRUGER 1500 Garner Road Suite C,Raleigh NC 27610•(888)578-4378 •FAX#(919)661-4568
VEOLIA WATER TECHNOLOGIES,INC.(DBA KRUGER)-STANDARD TERMS OF SALE -PARTS&SERVICE
1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services,if any(collectively,"Equipment"),referred
to in Seller's purchase order,quotation,proposal or acknowledgment,as the case may be("Seller's Documentation"). Whether these terms are
included in an offer or an acceptance by Seller,such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all
additional or different terms in any of Buyer's forms or documents.
2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides
otherwise,freight,storage,insurance and all taxes,duties or other governmental charges relating to the Equipment shall be paid by Buyer. If
Seller is required to pay any such charges,Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of
invoice. Buyer shall be charged the lower of 1 %%interest per month or the maximum legal rate on all amounts not received by the due date
and shall pay all of Seller's reasonable costs(including attorneys'fees)of collecting amounts due but unpaid. All orders are subject to credit
approval.
3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's
Documentation provides otherwise,Delivery terms are F.O.B.Prepaid and Add Destination.
4. Ownership of Materials. All devices,designs(including drawings,plans and specifications),estimates,prices,notes,electronic data and other
documents or information prepared or disclosed by Seller,and all related intellectual property rights,shall remain Seller's property. Seller
grants Buyer a non-exclusive,non-transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not
disclose any such material to third parties without Seller's prior written consent.
5. Changes. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in
writing to the details of the change and any resulting price,schedule or other contractual modifications. This includes any changes necessitated
by a change in applicable law occurring after the effective date of any contract including these terms.
6. Warranty. Subject to the following sentence,"Supplier warrants to Purchaser that the Equipment shall materially conform to the description in
Supplier's RFP and shall be free from defects in material and workmanship. Supplier shall have no other liability to Purchaser under warranty,
tort or any other legal theory. If Purchaser gives Supplier prompt written notice of breach of this warranty within ninety days(90)on electrical
supplies,one(1)year on mechanical supplies from delivery,(the"Warranty Period"). Supplier shall,at its sole option and as Purchaser's sole
remedy,repair or replace the subject parts or refund the purchase price thereof. If Supplier determines that any claimed breach is not,in fact,
covered by this warranty,Purchaser shall pay Supplier its then customary charges for any repair or replacement made by Supplier and there
shall be a thirty-five percent(35%)re-stocking charge. Supplier's warranty is conditioned on Purchaser's(a)operating and maintaining the
Equipment in accordance with Supplier's instructions,(b)not making any unauthorized repairs or alterations,and(c)not being in default of any
payment obligation to Supplier. Supplier's warranty does not cover damage caused by chemical action or abrasive material,misuse or improper
installation. THE WARRANTIES SET FORTH IN THIS SECTION ARE SUPPLIER'S SOLE AND EXCLUSIVE WARRANTIES AND
ARE SUBJECT TO THE LIMITATION OF LIABILITY BELOW. SUPPLIER MAKES NO OTHER WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PURPOSE."
7. Indemnity. Seller shall indemnify,defend and hold Buyer harmless from any claim,cause of action or liability incurred by Buyer as a result of
third party claims for personal injury,death or damage to tangible property,to the extent caused by Seller's negligence. Seller shall have the
sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer(a)promptly,within
the Warranty Period,notifying Seller of any claim,and(b)providing reasonable cooperation in the defense of any claim.
8. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach(except for breach of payment obligations)caused by extreme
weather or other act of God,strike or other labor shortage or disturbance,fire,accident,war or civil disturbance,delay of carriers,failure of
normal sources of supply,act of government or any other cause beyond such party's reasonable control.
9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach,Buyer shall promptly pay Seller for work
performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY,SELLER SHALL NOT BE LIABLE
FOR ANY CONSEQUENTIAL,INCIDENTAL,SPECIAL,PUNITIVE OR OTHER INDIRECT DAMAGES,AND SELLER'S TOTAL
LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE
PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT,
STRICT LIABILITY OR ANY OTHER THEORY.
11. Miscellaneous. If these terms are issued in connection with a government contract,they shall be deemed to include those federal acquisition
regulations that are required by law to be included. These terms,together with any quotation,purchase order or acknowledgement issued or
signed by the Seller,comprise the complete and exclusive statement of the agreement between the parties(the"Agreement")and supersede any
terms contained in Buyer's documents,unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a
written document signed by Seller and Buyer. No course of dealing or performance,usage of trade or failure to enforce any term shall be used
to modify the Agreement. If any of these terms is unenforceable,such term shall be limited only to the extent necessary to make it enforceable,
and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's
prior written consent. The Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws
provisions.
KRUGER 1500 Garner Road Suite C,Raleigh NC 27610• (888)578-4378 •FAX#(919)661-4568