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09-Move to award a contract for a grit removal system at the wastewater treatment plantCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/10/10 Council Date: Utilltles Doug Harris, Director of Utilities 9. 03/22,/10 RECOMMENDED MOTION: Move to award a contract for a grit removal system at the wastewater treatment plant to Smith and Loveless in the amount of $78,980 and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Capital project; Bid award BACKGROUND: The wastewater treatment plant grit removal system reduces the accumulation of sand, gravel, and other inorganic materials in basins, channels, and piping in order to prevent excess wear on mechanical equipment. The current system was installed in 1986 and is in the FY 2009-2010 budget for replacement. The request for bids was advertised in The Paris News on February 14, 2010 and February 21, 2010. Bid packets were mailed to three vendors and two vendors submitted bids which were opened in public on March 9, 2010. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution and exhibit; Recommendation memorandum; Bid tab; Product description ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $78,980.00 ❑ Department Report ❑ Resolution Budgeted Amt. $75,000.00 ❑ Presentation ❑ Ordinance y'I'D Actual $0.00 ❑ Public Hearing ❑ Other Acct. Name Pista Grit System Acct. Number 11-0915-86-98 FiscAL NoTES: Funding for the grit removal system was included in the 2009/2010 Capital Projects Fund; The low bid received was $3,980.00 over the budgeted amount, with this difference to be taken from Capital Projects Fund account number 11-1002-86-99 (Machinery, Tools, Equipment). REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works Z Utilities City of Paris Revised 2/04/08 "'c o DRAFT attorney\reswork\current\Awd Bid Grit Removal WWTP Res 2010 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTIIVG THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF A GRIT REMOVAL SYSTEM TO SMITH & LOVELESS, INC. IN THE AMOUNT OF $78,980.00, FOR USE IN THE CITY OF PARIS WASTEWATER TREATMENT PLANT; MAKING OTHER FINDIIVGS AND PROVISIONS RELATED TO THE SUBJECT; A1VD DECLARING AN EFFECTIVE DATE. WHEREAS, by Invitation to Bid published in the Paris News on February 14, 2010 & February 21, 2010, the Utilities Department of the City of Paris solicited bids for a grit removal system to be used at the Wastewater Treatment Plant; and, WHEREAS, the lowest responsible bid received for the grit removal system was made by Smith & Loveless, Inc. of 14040 Santa Fe Trail Drive, Lenaxa, Kansas 66215 in the amount of $78,980.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the bid of Smith & Loveless, inc. for the furnishing and delivery of the grit removal system for use in the City of Paris Wastewater Treatment Plant, in the amount of $78,980.00, is hereby accepted and let conditioned upon said vendor meeting all of the terms and specifications included in the bid documents, attached hereto as Exhibit A. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 22nd day of March, 2010. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney G0OU41 CITY OF PARIS UTILITIES DEPARTMENT BID SPECIFICATIONS FOR FURNISHING A GRIT REMOVAL SYSTEM REQUIREMENTS THE WASTEWATER TREATMENT PLANT WILL BE REPLACING AN EXISTING PISTA GRIT REMOVAL SYSTEM. A PURCHASE ORDER WILL BE AWARDED TO THE SUCCESSFUL BIDDER AS A RESULT OF THIS INVITATION TO BID. SPECIFICATIONS ONE (1) COMPLETE GRIT REMOVAL SYSTEM THAT INCLUDES A VORTEX TYPE GRIT REMOVAL MECHANISM, DESIGNED TO BE INSTALLED IN AN EXISTING CONCRETE GRIT CHAMBER 12' IN DIAMETER WITH A DEPTH OF 12'8". THE GRIT REMOVAL SYSTEM SHALL INCLUDE A TURBO GRIT PUMP, A GRIT CONCENTRATOR, A GRIT WASHING AND DEWATERING DEVICE, AND CONTROL PANEL. . THE GRIT REMOVAL SYSTEM SHALL BE DESIGNED TO PROVIDE GRIT REMOVAL AT A PEAK FLOW RATE OF 12 MILLION GALLONS PER DAY AND SHALL INCLUDE A 1.0 Hp DRIVE UNIT, SHAFT WITH PROPELLOR BLADES, AND GRIT FLUIDIZER. A 5.0 Hp GRIT PUMP SHALL BE SIZED FOR A PUMPING RATE OF 250 GALLONS PER MINUTE AND SHALL INCLUDE NECESSARY VACUUM PRIMING CONTROLS. THE GRIT CONCENTRATOR SHALL BE DESIGNED TO PROCESS AN INFLUENT FLOW RATE OF 250 GALLONS PER MINUTE WiTH A DISCHARGE RATE OF APPROXIMATELY 25 GALLONS PER MINUTE. THE GRIT WASHER AND DEWATERING DEVICE SHALL INCLUDE A 1.0 Hp DRIVE UNtTE AND PROVIDE FOR THE WASHING OF ORGANICS FROM THE REMOVED GRIT AND DEWATER THE GRIT TO PROVIDE FOR A REDUCTION IN THE VOLUME OF GRIT TO BE DISPOSED. THE CONTROL PANEL SHALL PROVIDE FOR AUTOMATIC OPERATION OF THE GRIT REMOVAL PROCESS. ONE (1) DAY OF TRAINING, INCLUDING START-UP AND MECHANICAL EVALUATION OF THE INSTALLATION OF THE GRIT REMOVAL SYSTEM SHALL BE INCLUDED. EXHIBIT g t 1 0 0 L~42 DELiVERY DELIVERY WILL BE M:ADE TO THE WASTEWATER TREATMENT PLANT. ROUTINE DELNERY MUST BE MADE WITHIN THE HOURS OF 7:30AM TO 2:30PM, MONDAY THROUGH FRIDAY. DELIVERY MUST BE MADE WITHIN SIXTY (60) DAYS FOLLOWING A CONFIRMED REQUEST FOR THE DELNERY. BASIS OF AWARD IT IS THE INTENTION OF THE CITY OF PARIS TO AWARD THIS CONTRACT ON THE BASIS OF LOWEST DELNERED PRICE THAT MEETS THE SPECIFICATIONS. HOWEVER, THE CITY OF PARIS RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE ANY INFORMALITY IN BIDDING AND TO AWARD THE BID AS MAY BE ADVANTAGEOUS TO THE CITY OF PARIS. PRICE/PAYM ENT PRICE IS TO BE DELNERED PRICE, EXCLUSIVE OF ANY APPLICABLE TAXES. BIDDER IS HEREBY NOTIFIED THAT THE C[TY IS EXEMPT FROM STATE AND LOCAL SALES TAXES. OUR TAX EXEMPTION NUMBER IS 1-75-6000635. A CERTIFICATE WILL BE FURNISHED UPON REQUEST. PAYMENT WILL BE MADE WITHIN THIRTY (30) DAYS AFTER RECEIPT AND ACCEPTANCE OF THE GRIT REMOVAL SYSTEM. THERE SHALL BE NO PRICE INCREASE, FOR ANY REASON, UPON AWARDING THE CONTRACT TO THE WINNING BIDDER. QUALIFICATIONS OF BIDDEI2S BIDS WILL BE CONSIDERED ONLY FROM MANUFACTURERS OR THEIR AUTHORIZED DISTRIBUTORS. THE AUTHORIZED DISTWBUTORS MUST ACTIVELY ENGAGE IN THE SALE OF THE SPECIFIED GRIT IZEMOVAL SYSTEM. SUCH STOCK AND FACILITIES MAY BE EXAMIiNED BY A REPRESENTATIVE OF THE CITY OF PARIS AT ANY TIME EITHER BEFORE AWARD IS MADE OR DURING THE LIFE OF THE CONTRACT. UPON REQUEST, BIDDER WILL FURNISH TO THE CITY OF PARIS, THE NAMES OF THREE CITIES TO WHOM THE PRODUCT BID IS PRESENTLY BEING FURNISHED. w-, 000043 BID FORM RECEIvED 0 2010 TO: MAYOR AND CITY COUNCIL CITY OF PARIS P.O. BOX 9037 PARIS, TEXAS 75461-9037 FROM: Smith & Loveless Inc. (NAME OF BIDDER) 14040 Santa Fe Trail Drive (ADDRESS) Lenexa Kansas 66215 (ADDRESS) 913-888-5201, ext. 308 (TELEPHONE NUMBER) RE: FURNISHING AND DELIVERING A GRIT REMOVAL SYSTEM CTI"Y MANAGER PARIS, TEXAS PURSUANT TO AND IN COMPLIANCE WITH YOUR BID SPECIFICATIONS (EXCEPT AS NOTED BELOW) FOR FURNISHING AND DELIVERING A GRIT REMOVAL SYSTEM, WE BID THE FOLLOWING: GRIT REMOVAL SYSTEM WILL BE FURNISHED AND DELIVERED FOR THE PRICE OF: ~ $78.980 Per Bid Specifications with Grit Dewatering Classifier, all built with epoxy coated carbon steel. $13,150 Adder to Upgrade to 304 Stainless Steel Classifier and Chamber Internals. $14,704 Main Control Panel for Automatic Operation. $21,466 Adder to upgrade Grit Dewatering Classifier to Grit Dewatering Washer (epoxy coated carbon steel) $ 4,259 Adder to upgrade to 304 Stainless Steel Grit Washer. DESCRIBE ANY DEVIATION FROM THE BID SPECIFICATIONS: Instead of i -datraininQ start-u and mechanical evaluation Smith & Loveless is includin 2-da s for these services. By. TITLE: Manaizer. Treatment Systems TYPE OR PRINT NAME: William Flores DATE: 8`h DAY OF March , 2010. INSTRUCTIONS TO BIDDER: PLACE COMPLETED "BID FORM" IN A SEALED ENVELOPE. CLEARLY MARK ON THE OUTSIDE OF THE ENVELOPE "SEALED SID: GRIT REMOVAL SYSTEM" AND RETURN T0: THE OFFICE OF THE CITY MANAGER, CITY OF PARIS, P.O. BOX 9037, PARIS, TEXAS 75461-9037 OR 135 1ST SE, PARIS, TEXAS 75461, NO LATER THAN 3:00 PM OK TUESDAY, MARCH 9, 2010 AT WHICH TIME THE BIDS WILL BE PUBLICLY OPENED AND TABULATED FOR PRESENTATION TO THE CITY COUNCIL AT THE MONDAY, MARCH 22, 2010 MEETING. 000044 Smith & Loveless Inc. ~ C10D 14040 Santa Fe Trail Drive March 8, 2010 Lenexa, Kansas 66215-1284 United States of America Phone: (913) 888-5201 Fax: (913) 888-2173 Mayor and City Council City of Paris 135 15t SE Paris, TX 75461 Re: Paris, TX - Grit Removal System Smith & Loveless, Inc. thanks you for the opportunity to bid the above referenced project. Below is a list of what is included in our bid proposal. Smith & Loveless is offering two options on the grit handling equipment; in response to the two pieces of equipment referenced in the request for proposal (i.e. grit washer and grit dewatering device). Both are different from the grit separator screen at the site. Both are upgrades to the separator screen. The grit washer option will provide the best grit product in terms of the least odor and the least amount of water content. A) Bid Form. B) Smith & Loveless Sales Proposal for Paris, TX. ~v C) Grit Dewatering Classifier Option Drawings. a) Drawing No. 67C176H - Generai Arrangement for Model 15 Dewatering Screw Conveyor and 250 GPM Grit Concentrator b) Drawing No. 67C168F - Model 15 PISTAO Grit Dewatering Screw Conveyor with Single 250 GPM Concentrator D) Grit Washer Option Drawings. a) Drawing No. 676380 - Grit Washer Model 250 General Arrangement b) Drawing No. 676379 - Grit Washer Model 250 with Concentrator Smith & Loveless can fabricate equipment in 60 days after release to production; given that the existing equipment was originally supplied by Smith & Loveless. Given the differences between the grit separator screen and the requested equipment, a submittal process may be required outside the 60 day fabrication time. The grit washer option does require a slight extension to the 60 day required lead time. Lastly, the request for proposal lists a 5 HP grit pump and that is included in our offering. Given the difference in grit dewatering technology, we recommend the TDH (totai dynamic head) be checked, in case the motor of the grit pump needs to be 7.5 HP or 10 HP. Sincerely, William Flores Manager, Treatment Systems SMITH & LOVELESS, INC. 7 ' ~ . Systems ~ lnternational ixer sY- srlEMs Y'1 Systems Solutions for a World of Water Problems n n (1 f l, 4 c, c4QW-1*0 Smith 8 Loveless, inc. 14040 Santa Fe Trail Drive Lenexa, Kansas 66215 913/888-5201 Name and Address: Page 1 of 5 SALES AGREEMEfVT Quotation Date: 3/8/2010 Inquiry Number: 10405 Engineer: Job Location: Paris, TX Smith & Loveless, Inc., having an office at 14040 Santa Fe Trail Drive, Lenexa, Kansas 66215 (hereinafter referred to as "Seller"), hereby agrees to seli to the buyer designated below (hereinafter referred to as "Buyer'), the foilowing equipment subject to all of the provisions set forth in this Sales Agreement. The Sa/es Representative is not an agent or employee of Seller and is not authorized to enter into any agreement on Seller's behaif or bind Seller in any way. ONE Smith & Loveless Model 12 PISTAO Grit Chamber mechanism suitable for instailation in a concrete structure 12'-0" diameter x 6'-6" deep with a concentric 5'-0" diameter x 6-2" deep grit well and concrete bridge - concrete structure by others. The PISTAO Grit Chamber mechanism shali include a helical gear reducer driven by 1 HP, 3/60/460 volt TEFC motor, spur gear final drive head, steel air bell, steel propeller, steel drive tube, top mounting Turbo grit pump, second stage PISTAO grit concentrator, steel inlet baffle, steel grit pump suction pipe, grit discharge pinch valve, steel grit fluidizer, vacuum priming controls in a NEMA 4X stainless steel enciosure, automatic electrical controls in a NEMA 4X stainless steel enclosure, steel removable grit well cover plates and accessories as described herein. The(Turbo pump shall be capable of delivering 250 GPM with a maximum static suction lift of 20' and driven by a. 5 HP, 1170 RPM, 3/60/460 voit TEFC motor. End user to provide adequate drawings for manufacturer to confirm head requirements and model of grit pump. ACCESSORIES One - Dewatering screw grit classifier assembly: S&L Model 15, 1 HP, 3/60/460 volt TEFC drive motor, gear reducer, 9" diameter screw, screw troLIgh, inlet hopper, supported on angle iron legs to provide an incline of approximately 220. Hopper and trough covers are included. Entire unit to be fabricated from epoxy coated steei. NOTE: As a separate price add, seiler has included the option of providing a Model 250 grit washer, complete with NEMA 4X controls in lieu of the Model 15 grit classifier. For proper operation, this unit will require a flush water supply of 20 GPM @ 60 PSI, air suppiy of 5 SCFH @ 70 PSi, and will utilize a 3 HP drive motor. CORROSION PROTECTION: All fabricated non-stainless steel components shall be commercial blasted and prime coated by the Manufacturer with one 3-mil DFT coat of red oxide primer prior to shipment. All motors and gearboxes shall be furnished with the original manufacturer's coating. Final touch up and finish coating shall be the responsibility of the purchasing contractor. Approximate total weight of equipment: 5000 Ibs. Approximate weight of heaviest piece: 1000 Ibs. Approximate weight of grit ciassifier: 2200 Ibs. 00e0St6 Quotation Date: 318/2010 Inquiry Number: 10405 Page 2 of 5 The equipment will be shipped in major pieces as follows Gear head/gear motor assembly Turbo pump and motor Steel air bell Steel propeller drive tube Steel propeiler mounting ring and blades - 2 pieces Steel inlet baffle Steel grit well cover plate - 2 pieces Second stage PISTAO grit concentrator NEMA 4X stainless steel vacuum priming system enclosure NEMA 4X stainless steel electrical enclosure Steel grit pump suction pipe Steel grit fluidizer Pinch vaive Steei grit screw classifier - 2 pieces NOT INCLUDED: Field assembly/erection or installation Interconnecting piping, wiring and conduit Field paint or painting Lubricants Anchorage or anchor bolts - Field testing if required Grouting All c.~.ancrete work PRICE SUBMITTAL DATA & DELIVERY: $78,980 Per Bid Specifications with Grit Dewatering Classifier, all built with epoxy coated carbon steel. $13.150 Adder to Upgrade to 304 Stainless Steel Classifier and Chamber Internals. $14.704 Main Control Panel for Automatic Operation. $21,466 Adder To Upgrade Grit Dewatering Classifier to Grit Dewatering Washer (epoxy coated carbon steel) $ 4,259 Adder to Upgrade to 304 Stainless Steel Grit Washer. F.O.B. factory plus any taxes, which may apply. Truck/Rail freight allowed to the job site, rail siding or nearest unloading area-unloading to be by Buyer. Due to the spike in gas prices, which is beyond the control of Smith & Loveless at the time of our quotation/bid, a fuel surcharge may need to be assessed at time of shipment. Due to wide fluctuations and increases in the price of stainless and carbon steel components we are experiencing in very short time frames, the sales price of the equipment quoted herein is subject to an escalation in price. Escalation shall be based upon the increase in the Producer Price Index, U.S. Department of Labor, Bureau of Labor Statistics-Group: Machinery and Equipment: Special Industry Machinery and Equipment, Series Id-WPU116 (the "Index"). The escalation shall be calculated based upon the percentage increase of the monthly index between the date of this quotation and the date of shipment of the equipment (i.e. the index for the month of the shipment minus the index for the month of quotation divided by the index for the month of quotation, multiplied by the quoted price). Note there is approximately 2-4 month delay in the publishing and finalizing of these indexes by the Federal Government. Therefore, the escalation will be calculated at the time the index for both months has been published and finalized. C?ULH4 % Quotation Date: 3/812010 Inquiry Number: 10405 Page 3 of 5 Pricing is firm for 60 days from bid date. Two days supervision of initial operation, start-up and operator training is included. if additional days are required, Seller wili furnish a factory-trained supervisor for $900 per day inciuding travei time plus actual travel expenses. With continuing approval of the Smith & Loveless Credit Department, payment terms are 100% Net 30 days from date of shipment, or at time of start-up, whichever occurs first. Seller to send Submittal Data for approvai 6 weeks after receipt of complete detaiis at Seller's factory. Manufacturing completion is estimated 14 weeks after receipt in Seller's office of approved Submittal Data and/or after all notations or comments have been clarified, approved and inserted into the manufacturing documents by the Seller. Variations in the time Submittal Data is returned to Seller and/or Submittal Data marked approved but which contain contingencies or variations may impact the completion time of the equipment. ADDITIONAL TERMS AND CONDITIONS 1. GENERAL A. Buyer's execution of this Agreement constitutes Buyer's offer to purchase, on the terms and conditions set forth herein, the equipment described in this agreement, and such offer is irrevocable for thirty (30) days after Buyer executes and delivers to Seller this Agreement together with all necessary engineering data and information. Prices are firm for sixty (60) days after the bid date provided a firm order is received at the factory within that time period and provided approved Submittal Data is received at the faCtory within forty-five (45) days from the date submittals are forwarded from the factory: In the event firm orders and Submittal Data are not received by Seller within the times set forth above, then price and delivery estimates may change due to changes in the costs of material and labor and/or factory capacity at the time when the firm orders or approved Submittal Data is received by Seller. Seller reservefthe right to amend this Sales Agreement if not signed and returned within sixty (60) days from the quotation date. In the event we are unable to ship within estimated period for reasons beyond our control, including a request by the Buyer to defer shipment, the prices are subject to adjustment to those prevailing at the time of shipment, but will not exceed 1-112% per month. S. THIS AGREEMENT IS NOT BINDING ON SELLER UNLESS SIGNED ON SELLER'S BEHALF BY AN OFFICER OR MANAGER OF SELLER. C. This Agreement constitutes the entire contract between the parties with respect to said equipment (any prior agreemen , representation, covenant or warranty, written or oral, being superseded hereby) and may not be amended or modified except by a written instrument duly executed by both parties, the provisions of any purchase order or other document submitted by or on behalf of Buyer to the contrary notwithstanding. D. All notices hereunder are to be in writing and mailed postage prepaid to the party being notified at the address indicated in this agreement or at such other address as may be designated in writmg. E. Remedies provided for herein are cumulative and are in addition to all other remedies as may be available at law or in equity. F. This Agreernent is governed by and subject to the laws of the State of Karsas and the Buyer by executing this agreement agrees to submit to the Jurisdiction of the State of Kansas and the venue for any disputes between the parties will be in the District Court of Johnson Counry, Kansas, or the Federal District Court of Kansas. 2. NOTICE TO PROCEED- Return to Seller of approved Submittal Data or notification to Seller that the submission of submittals will be waived, constitutes notice to Seller to proceed with manufacture. In the event Seller does not receive approved Submittal Data within forty- five (45) days after Seller's submission of submittal data for approval, then Seller reserves the right to amend price and delivery of the equipment being sold. Final approved Submittal Data means approval by Buyer (or Buyer's representative) of Seller's Submittal Data and/or after all notations or comments have been clarified, approved and inserted into Seller's manufacturing documents at which point Sellers estimated completion schedule commences. Variations in the time Submittal Data is returned to Seller and/or Submittal Data marked approved but which contain contingencies or variations may impact the completion time of the equipment. Seller agrees to furnish only the equipment included in Sellers quotation and/or as described and modified in the Submittal Data. Approval of the Submittal Data constitutes acceptance of the equipment in the configuration described therein. If Seller is directed to change the scope of the equipment after notice to proceed to manufacture, then Seller reserves the right to amend the price and delivery of the equipment. 3. EXCUSED PERFORMANCE- Seller is not liable for any failure or delay in performance hereof, with respect to delivery or otherwise, if such failure or delay is due to any cause beyond Seller's control including, but not limited to, any Act of God, war, civil disturbance, riot, labor difficulty, factory capacity, fire, other casualty, accident or supplier's failure or inability to perform. 4. CREDIT APPROVAL- The credit terms specified herein arz subject to Seller's continuing approval of Buyer's credit and if, in Seller's sole judgment, Buyers credit or financial standing is impaired as to cause Seller to deem itself insecure, Seller may withdraw the extension of credit and require other payment terms. ORTA8 Quotation Date: 3/812010 Inquiry Number: 10405 Page 4 of 5 5. PAYMENT- Subject only to any credit terms, which Seller may extend, the total purchase price hereunder is due at such time, within or after the estimated shipment period specified herein, as said equipment is ready to be shipped. Buyer shall pay in full all invoices within the time for payment specified therein and Buyer's payment obligation is in no way dependent or contingent upon Buyer's receipt of payment from any other party. Any balance owed by Buyer for thirty (30) days or more after the same becomes due is subject to a 2% per month delinquency charge until paid. In addition to all other amounts due hereunder, Buyer shail reimburse Seller in full for all damages, costs and expenses, including reasonable attorneys' fees, which Seller may incur with respect to Buyer's breach of this Sales Agreement or the collection of past due amounts from Buyer. If Buyer is in default under this or any other agreement with Seller, Seller may, at its option, defer perFormance hereunder until such default is cured. 6. SECURITY INTEREST- Until all amounts due hereunder have been paid in full, Seller has a security interest in said equipment and has all rights of a secured party under the Uniform Commercial Code including, without limitation, the right to take possession of said equipment without legal process and the right to require Buyer to assemble said equipment and make it available to Seller at a place reasonably convenient to both parties. At Sellers request, Buyer shall execute any financing statement or statements submitted by Seller in order that Seller's security interest in said equipment may be perfected. 7, WARRANTY & LIABILITY- Selier warrants only that said equipment is free from defects in materials and workmanship as set forth in Sellers standard Certificate of Warranty furnished to Buyer at the time of final shipment. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR ANY PARTICULAR PURPOSE OR DESIGN AND WHICH ARE EXPRESSLY DISCLAIMED BY SELLER. Seller's sole responsibility with respect to any equipment which proves to be defective as to materials or workmanship is either to replace or to repair the same as is set forth in said Certificate of Warranty. Unless authorized in writing by Seller, Seller is not responsible for any charge or expense incurred for the modification, servicing or adjusting of said equipment after the same has been delivered to Buyer. Seller is not liable in association with its warranty or in any other capacity for any consequential, incidental or liquidated damages, late fees/damages or penalties. 8. CLAIM PERIOD- Buyer shali immediately inspect said equipment upon receipt thereof and immediately notify the carrier of any damage, shortage or other nonconformance. Seller is not obligated to consider any claim for damages, shortages or non-conformance unless notified by Buyer within ten (10 ) days after Buyees receipt of said equipment. 9. CANCELLATION- Should Buyer cancel this agreement without Seller's prior written consent, Seller may, at its option, recover from Buyer a cancellation charge of not less than 20% 'of the purchase price hereunder. This cancellation charge is intended to compensate Seller for difficult-to-calculate economic losses, including but not limited to, material and labor costs, as well as loss of anticipated profits suffered due to cancellation. 10. SEVERABILITY - If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 11. STORAGE- If at such time, within or after the estimated shipment period specified herein, as Seller notifies Buyer that said equipment is ready to be shipped Buyer requests a delay in shipment, Seller may, at its option, agree to store said equipment for a period of time determined by Seller, provided that such agreement wtll not affect Buyer's obligation to pay in full all invoices as they become due, and provided further that for each month, or portion thereof, said equipment is so stored by Seller, Buyer shall pay to Seller as a storage fee an amount equal to 2% of the purchase price. 12. DRAWINGS, ILLUSTRATIONS AND MANUALS- Catalog and proposal drawings, bulletins, and other accompanying literature are solely for purpose of general style, arrangement and approximate dimensions. Seller may make any changes Seller deems necessary or desirable. Submittal for approval, if required, will be made after receipt of complete information from Buyer. Unless otherwise specified at the time of quotation, six sets will be furnished. Additional sets are at $25.00 per set. Installation, maintenance and operation manuals will be furnished in the number of copies specified at the time of quotation. If none specified, four will be provided at no added cost, with additional copies at $50.00 each. 13. PERMITS, LICENSES- Buyer at its sole cost and expense shall obtain all building or other permits or licenses with respect to the installation and operation of said equipment required by any federal, state or local govemmental body. 14. PATENT INDEMNIFICATION- Seller shall, at its own expense, defend any suit instituted against Buyer, based on any claim that equipment furnished hereunder infringes any Letters Patent of the United States, and Seller shall pay any damages assessed against Buyer in any such suit, provided that Buyer, upon service of process upon Buyer, gives to Seller notice in wnting of the institution of such suit, and permits Seller, through counsel chosen by Seller, to defend the same, and gives Seller all information in Buyees possession and reasonable assistance and authority to enable Seller so to do. Seller shall have no liability or obligation to Buyer for patent infringement resulting from compliance by Seller with written instructions or specifications of Buyer concerning the structure, operation, matenal, or method of making equipment furnished hereunder. 1 P-' 0 0 e~4 J0 Quotation Date: 3/8/2010 Agreed to this day of Buyer By Print Name By Authorized Signature Inquiry Number: 10405 Agreed to this day of at Lenexa, KS. SMITH 8 LOVELESS, INC. Rv Page 5 of 5 Authorized Signature Address Is this purchase tax exempt? Yes_ No_ If YES, attach Sales Tax Exemption Certificate. Failure to provide tax exempt certificate prior to shipment wili result in 6uyer being responsible for all applicable taxes. Prepared by Sales Representative NOTE: The Sales Representative is not an agent or employee of Seller and is not authorized to enter into any agreement on Seller's behalf or to bind Seller in any way. OOC050 MEMORANDUM City of Paris Utilities Department To: Mayor & City Council, City of Paris From: Doug Harris, Director of Utilities Subject: Recommendation for Wastewater Treatment Grit Removal System Date: March 10, 2010 Sealed bids were received on March 9, 2010 for the furnishing and delivery of a grit removal svstem for use at the Wastewater Treatment Plant. Bid results follow: Bidder Bid price , Smith & Loveless, Inc. $78,980.00 Newman Regencv Group $87,500.00 Recommendation: Accept the low bid, meeting bid specifications, as submitted by Smith & Loveless, Inc., in the amount of $78,980.00 P- 000051 MEMORANDUM City of Paris Utilities Department To: Mayor & City Council, City of Paris From: Doug Harris, Director of Utilities Subject: Recommendation for Wastewater Treatment Grit Removal System Date: March 19, 2010 Sealed bids were received on March 9, 2010 for the furnishing and delivery of a grit removal system for use at the Wastewater Treatment Plant. Bid results follow: Bidder Bid price Smith & Loveless, Inc. $78,980.00 Newman Regency Group $87,600.00 Recommendation: Accept the low bid, meeting bid specifications, as submitted by Smith & Loveless, Inc., in the amount of $78,980.00 r~ 000052 ~ ~ ~ 4--J ~ ~ ~ 4-j ca ~ ~ 4-J (A c~ ~ ~ W ~ ~ ~ ~ ~ O ~ ca ~ ~ c~ ~ ~ 00 0 r-i 0 N \ O1 0 0 N UL LL (n 4-j V O ~ ~ ~ ~ 4-0 .a m U o 0 •L a ea 00 m r~: ; 00 m oo r-- 411. 4j). L Q Q C U a" U N ~ N N t)A N ~ C C O ~ J ~ 0~ E ~ n : z ~ C?000153 3/19/2010 P/STA* GRIr C, 40dWR P' 6ari qctrn+'na Svntt~,e PlSTtdGRfT 4qLWjMWZMW PISTA iLYaer Karnrsxvn~ 9xnxr~++ The P/S7`A' Grit Ftt/iDIZER`, added to a/+ISTAO Grit aharnbQr, stirs thQ grit Co»startt/y to kaep ft ffttid, wfliCh pravenis pscking and briatgicrg in the starsge chs»tDer. No air saur+ce +is needad to agitate a»d rasuspend 3he gril. Thrs saves aprerational aquip»ten# cos#s and elimi»ates added hfowers, valves and con#roJs. C, 0 (!p 54 1 3/19/2010 PISTA`V Gi.,rT PIy~ ~A JIMMM,'' FP Owrr Rc-al 9xarern The Smfth 8 tovel115s PlSTAIt Tur'bo Grit Purtrp was specifica+lly cfesr'gnad to pump grit tt srrpplies a graatar ilaw at bighar head, and provides tAe powar for gr3t wash#rrg when cambinsd with the Snaith S Lovetess PISTAa Grit ConcQntrator. ln Comparist►rt Ka aiilif#s, t/we PlSTA~ 1"urba Grit Purnp also al/ows for pnmpFng to higher elevatiorls wittrout the danqer of cJoggirrg the pumping systam. Now with S8N1C START~ P/STsi* G,srIr Ttre uniqvt P'!SW Grit Cancentratar waslres tto $rFt sa efferctively that 95 percant of tria residual organics are wasltsrd off and out of the grit sturr,yL This feaves ctean grit rvith a sanrdy texture, free irom the orgasilcs that ca+r Qecome a smafly auisanCe ef ieft standirrg !or any period of time. ?"Ao PtST'Ac Grft Conce»trator aJso featnres a vlkry triirgB ot'ifiGe, uvhiCh prevents Clvgging. p I ~ Ei,vrr Rrranvac 9vsrc:M !P- 0 0 C'pi 55 2 3/19/2010 appticacions rirac currently use screens. ,.0 QG0 ~E~