HomeMy WebLinkAboutItem 14 Approval to Repair Clarifier #1 at Ocoee Waste Water Treatment Plant with Veolia Water Technologies ocoee
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AGENDA ITEM COVER SHEET
Meeting Date. November 16, 2021
It-) ly
Reviewed by:
Contact Name: Trent Hopper Department Director:Jamie Crot t,
41
Contact Phone: 407-554-7241 City Manager:Robert Fr i%
Subject: Approval of Repair to Clarifier#1
Background Summary:
The approved City of Ocoee Budget for Fiscal Year 2021-2022 includes the funds to rebuild Clarifier
#1 at the City of Ocoee Wastewater Treatment Plant because the equipment has reached the end of
its useful life cycle. Staff reached out to Veolia Water Technologies, the original designer of the City of
Ocoee's Wastewater Treatment Plant (WWTP) and sole single source vendor for WWTP parts, for this
work and they have provided a quote of$163,254.00 (Quote#092921)
Issue:
Should the Honorable Mayor and City Commission approve the rebuild of Clarifier #1 at the City of
Ocoee WWTP with Veolia Water Technologies at a cost of $163,254.00?
Recommendations:
Staff recommends that the Honorable Mayor and City Commission authorize the City Manager to cause
the rebuild of Clarifier#1 at the City of Ocoee WWTP by contracting with Veolia Water Technologies at
a cost of$163,254.00.
Attachments:
Veolia Water Technologies Quote#092921
Financial Impact:
None as this is a budgeted item.
Type of Item: (please mark with an x')
Public Hearing For Clerk's De t Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading I 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 N/A
Reviewed by ( ) N/A
VEOLIA QUOTE
QUOTE NO. 092921
DATE: 09.29.21
Veolia Water Technologies, Inc. (dba Kruger) EXPIRATION DATE: 10.29.21
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 clarifier Net 30 Da s F.O.B. Prepaid Et Add 8 - 10 weeks after receipt of
rebuild y Destination order
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
Hi-Tech 65-FT CLARIFIER REBUILD (price is for each or one (1) Clarifier):
SCOPE OF WORK:
ON-SITE REMOVAL: Block and disconnect Rakes and Tower from Drive;
1 Modify Catwalk platform; Remove Primary, Secondary, and Final Ring $28,356.13
Gear Drives; Supply 50-T Crane Et Operator; Load and transport to CMIS.
3-men for two days.
SHOP-REBUILD: Procure All New Drive Components; Disassemble each
drive; NDT and Dimensional Inspect Sub-components; Prep all
1 components for Assembly; Assemble Drive; Detail Et apply OEM coatings $114,830.37
to external HSG's; Load Et Transport to Ocoee FL WWTF. All Inspection Ia
QC documents to be submitted to Client.
ON-SITE INSTALL: Install New Primary, Secondary, and Final Ring Gear
Drives; Install New CMIS Supplied Stainless Steel Squeegees, align Rakes
1 Et Tower; Supply 50-T Crane Et Operator; 3-men two days. Start up and $20,067.50
operate Dry for 6 hours; Admit flow, monitor operation, Inspect skimmer
efficiency Et adjust as required. All final settings Et QC documents to be
provided to Client.
NOTE:
1.) EST Lead time 8-10 Weeks.
After Receipt of Actual Purchase Order, we can more accurately identify
parts delivery and on-site schedule.
2.) Payment Terms: 30%at receipt of order. Balance Net 30 days after
completion.
*Confidential, Do not share with third parties*
KRUGER 1500 Garner Road Suite C,Raleigh NC 27610•(888)578-4378 •FAX#(919)661-4568
SUBTOTAL $163,254.00
ESTIMATED IF APPLICABLE
FREIGHT
ALL PRICES SUBJECT TO COST AND AVAILABILITY AT TIME OF ORDER. SALES TAX IF APPLICABLE
PRICES QUOTED ABOVE DO NOT INCLUDE SHIPPING, BROKERAGE, TOTAL $163,254.00
CUSTOMS DUTIES a FEES, START UP SERVICES, APPLICABLE TAXES.
MINIMUM ORDER$50.00.
PLEASE NOTE:
A signed Quotation is required to process
Quotation prepared by: TO-wy CO-Q10 order. If you submit a PO,please reference
Veolia Water Technologies,Inc. (dba Kruger)
To accept, sign here and return*: Quotation number to process order.
Purchase Order Number to reference(Optional):
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 ONLY ORDERS
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 %a%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.
12.Veolia takes all issues surrounding probity and confidentiality very seriously in all of its dealings with competitors and stakeholders.In this spirit and for
the sake of transparency,we inform you that the publicly traded parent company Veolia Environnement S.A.,recently acquired a 29.9%interest in Suez
S.A("Suez")and launched a public bid for the remainder of Suez'share capital.Consistent with our commitment to competition law compliance,Veolia
will continue to act entirely independent of Suez until all relevant antitrust approvals of Veolia's acquisition of Suez have been obtained and we will of
course let you know if this would change before the end of the tender proceedings.Specifically,none of Veolia's representatives sit on the board of
Suez,Veolia has no influence over the strategy or operations of Suez,and Veolia has no access to competitively sensitive information about Suez's
operations.Accordingly,Veolia's ongoing project to acquire Suez will have no effect on our participation in,or response to,this tender.
KRUGER 1500 Garner Road Suite C,Raleigh NC 27610•(888)578-4378 •FAX#(919)661-4568
0 V E Qu Aechnolo>;ies,Inc.(dba Kroger Water Technologies)Standard Terms of Sale—Field Service Only
1.APPLICABLE TERMS.These terms govern the purchase and sale of of contract,tort(including professional negligence)strict liability or any
the goods and related services,if any(the"Goods"),referred to in other legal theory.Seller's obligation hereunder is subject to receipt of
Customer's purchase order or Seller's quotation,proposal or order written notice of rejection of the Goods from Customer within thirty(30)
acknowledgment,as the case may be.Whether these terms are included in days after such alleged defect shall be reasonably apparent to Customer.
an offer or an acceptance by Seller,such offer or acceptance is
conditioned on Customer's assent to these terms.Seller rejects all 9.RETURNS.Returned Goods will be accepted only if Seller has given
additional or different terms in any of Customer's forms or documents.If prior written consent thereto.Except in the case of Defective Goods,a
Customer submits a form with contrary terms or conditions,such order handling,inspection,restocking,and invoicing charges also may be
shall be considered as confirmation only and in no way amend,prevail assessed against Customer.All returns allowed must be shipped at
over,supplement,or supersede any provision herein. Customer's expense and must be in excellent resale condition.
2.PAYMENTS.Unless otherwise agreed to by Seller in writing,all 10.DELAY OR NONPERFORMANCE.Seller shall not be liable for
amounts payable hereunder shall be due to Seller within thirty(30)days failure or delay in performance hereunder due in whole or in part to
of invoice date.Late payments shall bear interest at the rate of 18%per strikes,work stoppages,fires,acts of terrorism,accidents,wars,
annum or the highest rate permitted by law,whichever is less.All prices rebellions,civil commotion,public strife,acts of any government,
are exclusive of and Customer shall pay all expenses including insurance, whether legal or otherwise,acts of public enemies,force majeure,
freight,carriage,and warehousing unless otherwise agreed in writing by shortages of transportation or qualified labor,or any other causes beyond
Seller. the reasonable control of Seller;this specifically includes delays or
inability to obtain product or raw materials because of the actions of
3.TAXES AND PRICING.All prices quoted are subject to change Seller's suppliers.
without notice and are exclusive of taxes.Customer shall pay all taxes
resulting from transactions,including without limitation occupation, 11.DEFAULT.If Customer fails to make any payments when due,or if
property,ad valorem,excise,sales,or use tax,but excluding any taxes there is a breach by Customer of any other obligation hereunder,or if
based on the income of Seller.The purchase price,including applicable reasonable grounds for insecurity arise with respect to the performance of
taxes,shall be subject to increase based on Seller's established price at the Customer and Customer fails to provide adequate assurance of its due
date of actual shipment,if shipment is delayed thirty(30)days,or more, performance within ten(10)days after its receipt of a written demand
beyond the scheduled shipment date,and such delay is caused in whole or from Seller,then Customer shall be deemed in default and Seller shall
in part by circumstances beyond the reasonable control of Seller as have,at its option,the right to take immediate possession of the Goods,
provided in paragraph 10. and/or declare all unpaid amounts immediately due and payable and/or
suspend shipments to Customer.Seller shall be entitled to set off any
4.SHIPMENT.Scheduled shipment date(s)are an estimate only.On or amount owed by Customer against any amount payable to Seller in
after the scheduled shipment date(s),Customer shall accept shipment upon connection with any unpaid moneys due to Seller.Seller's rights and
notification by Seller,or if Customer refuses shipment,then Seller is remedies expressed herein are in addition to any other rights and remedies
authorized to have the Goods transported and warehoused,at the Customer's available at law or equity.Waiver by Seller of any breach or default shall
expense and risk,which act shall constitute shipment to Customer,in which not constitute a waiver of any subsequent breach or default
event,Seller may declare as immediately due all amounts due upon
shipment.Seller's shipping weights will govern for each shipment or partial 12.CANCELLATION.Upon receipt of written notice from Customer,
shipment.Should Customer dispute the shipping weight of any shipment or Seller shall cancel any orders as instructed,subject to Seller's(or its
partial shipment,Customer will promptly notify Seller in writing of the subcontractors)right to continue processing raw or finished material to
reasons for such dispute and provide to Seller all necessary documentation to the point at which processing can be halted with the least disruption and
substantiate the difference. cost to Seller.Customer shall be responsible for all costs associated with
the cancellation and completion of processing of material.
5.TITLE/RISK OF LOSS/INSURANCE.Title to and risk of loss of the
Goods shall pass from Seller to the Customer when the Goods or any 13.MODIFICATION OF TERMS AND CONDITIONS.These Terms
component parts thereof are placed in the possession of the carrier for and Conditions may only be modified if in writing and signed by an
shipment to Customer.Customer shall provide insurance to be for no less authorized office of Seller;each of these terms and conditions shall
than the total amount owing to Seller with loss first payable to Seller. remain in effect unless the provision(s)are explicitly contradicted by the
aforesaid writing.
6.ACCEPTANCE OF GOODS.Customer shall inspect or test all
Goods upon receipt.Customer shall be deemed to have affected final 14.ASSIGMENT.Neither Seller nor Customer may assign any of its
acceptance of the Goods on the earlier of(i)fifteen(15)days from the rights nor delegate any of its duties hereunder without the prior written
date of initial shipment,unless written notice of any non-conformance is consent of the non-assigning party.Any attempted assignment in violation
received by Seller within such period;or(ii)on the date when used or hereof is void.
otherwise placed in commercial operation.
15.GOVERNING LAW.The supply of the Goods hereunder shall be
7.WARRANTY.(a)Seller warrants that title to the Goods sold shall be governed by North Carolina law,exclusive of its provisions concerning
free from any third party encumbrance,and will conform to the conflicts of law.
description contained on Seller's invoice;(b)Seller warrants that any
Goods shall conform to the description set forth in Seller's proposal and 16.MATERIAL SAFETY DATA SHEETS.To the extent legally
be from defects in materials and workmanship;(c)SELLER DISCLAIMS required each shipment of Goods is accompanied by a Material Safety
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS Data Sheet in compliance with the OSHA Hazard Communication
FOR PARTICULAR PURPOSE.THERE ARE NO Standard.If for any reason one is not immediately available,a copy will
REPRESENTATIONS OR WARRANTIES EXCEPT AS SET FORTH be sent upon request via electronic mail as soon as practicable.Seller
HEREIN. strongly recommends that Customer use this information to ensure proper
use and that the health and safety of all are protected.
8.REMEDY AND LIMITATION OF LIABILITY.Seller's sole
responsibility and liability and Customer's exclusive remedy for the
supply of Goods not conforming to the warranty("Defective Goods")
shall be limited to the repair or replacement of the Defective Goods
(Seller's shipping point),or,at Seller's option,to the return of the Goods
and refund of the purchase price of the Goods,without interest.IN NO
EVENT SHALL SELLER BE LIABLE TO CUSTOMER FOR ANY
INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES OR
LOSS OF ACTUAL OR ANTICIPATED REVENUES OR PROFITS OR
INCREASED COSTS OF OPERATION.Seller shall not be liable to
Customer,under any circumstances,for any amount in excess of the
replacement cost of the Defective Goods. The foregoing limitations of
liability apply regardless of whether any such claim arises out of breach
KRUGER 1500 Garner Road Suite C,Raleigh NC 27610•(888)578-4378 •FAX#(919)661-4568