HomeMy WebLinkAboutAqualitec 2014-09-30 L�;i.�- 7�' �1 3 I ��
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Screening Equipment
Project: City of Ukiah WasteWater Treatment Plant
Products: Bar Screen Screentec and Washer Compactor Compactec
Client: City of Ukiah
Attention: Mr. Andy Luke, Mr. Jarod Thiele
Client Number: 201205907
Invoice Number: 20130508
Due Date: Upon reception
Erwan Ouattara 310-926-3118- eouattara(�a aqualitec.com
September4, 2014
Aqualitec Corp. is pleased to provide you with the best offer for The City of Ukiah WasteWater Treatment Plant.
First, please note that we have 15 years of experience with hundreds of installations in 10 countries. The president was
actually in charge of 15 WTP for a large private operator in France before he started to market equipment. Essentially he
has an extensive amount of experience and Aqualitec goal is to provide the easiest equipment to operate at the most
competitive price.
As part of our expansion, we will compete and provide you with an exceptional price. Again our goal is to provide you
with the best solution. Simplicity and ease of use is what we are hearing from current and future clients. We will be proud
to add City of Ukiah to this list.
If you have any questions, feel free to contact me at 310-926-3118 or email me at eouattara(a�aqualitec.com.
We look forward to doing business with you,
Sincerely,
Erwan Ouattara
Executive Director
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Aqualitec Corp. 3415 S. Sepulveda Blvd. Suite 1100, Los Angeles, CA 90034
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Project: City of Ukiah WasteWater Treatment Plant
Products: Bar Screen Screentec and Washer Compactor Compactec
Client: City of Ukiah
Attention: Mr. Andy Luke, Mr. Jarod Thiele
Client Number: 201205907
Invoice Number: 20130508
Due Date: Upon reception
Erwan Ouattara 310-926-3118- eouattara(a�aqualitec.com
September 30, 2014
Data Proiect:
Delivery of 1 Vertical Bar Screen Screentec and 1 Washer Compactor
Peak Flow rate: 13mgd, Depth: 33.5', Equipment Width: 2' — 5" '/2, Space Bar Opening: 3/4"
� Bar Screen Screentec 316 Stainless Steel 1 $ 141,388.03 $ 141,388.03
2 Washer Compactor Compactec 304 Stainless Steel 1 $ 33,320.00 $ 33,320.00
SubTotal $ 174,708.03
Sales Tax $ 14,195.03
Total $ 188,903.06
Payment Due
Balance $ 132,232.14
Terms:
Purchase price and Payments for the Product and the installation are as follows:
- Deposit (30% with the contract and/or purchase order) $56,670.92
- Second Payment f39�-�a �
- Balance ° 70% upon delivery $132,232.14
- Total Price F.O.B. Destination
- Validity: 31/12/2014 (except if + 15% on the stainless steel)
- Shipping Schedule: The equipment will be shipped within 14 weeks after receipt of approved drawings.
-Warranty: 2 years
Aqualitec Corp. Name:, '-%` � %,.,f���L�
Date: 09/04/14 Date: ;�"�`�
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Name: Marc Monfort Name:Jane Chambers
Title: President Title:City Manager
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Purchase Asreement
This Purchase Agreement(the"Agreement") made this day of ,2013, by and between, City of Ukiah WasteWater
Treatment Plant, located at—300 Plant Road, CA 95482, (the"Buyer")and Aqualitec Corp. located at 3415 S. Sepulveda
Blvd. Suite 1100, Los Angeles, CA 90034 (the"Seller").
RECITAL
WHEREAS,the Seller is an independent business selling wastewater treatment equipment and related products,and the
Buyer desires to purchase a Vertical Bar Screen Screentec and a Washer Compactor Compactec (the "Products")from the
Seller; and
WHEREAS,subject to the terms and conditions stated herein,the Seller is willing to sell the Product as identified in this
Agreement and the Buyer desires to buy the Product from the Seller.
NOW THEREFORE,in consideration of the mutual agreements contained herein,the mutuality and sufficiency of which
are acknowledged,the Buyer and the Seller agree as follows:
ARTICLE I
The Specifications
Section 1.1. The Seller agrees to deliver the Product as identified in this Section 1.1 and under the following conditions:
a. Client Proposal No.20130508 signed by both the Seller and the Buyer,a copy of which is attached hereto which
constitutes an integral part ofthis Agreement.This proposal is based on all information located in Attachment A.
b. The Approval Drawings(including blueprints,schedules and specifications),which will be dated and signed by the
Buyer which constitutes an integral part of this Agreement.
Collectively these documents provide the details and conditions(the"Specifications")for the delivery of the Product and
shall be final when signed by both parties(the"Confirmation Date).
ARTICLE II
Purchase Price and Payment
Section 2.1. Payment terms are as follows:
a. The purchase price is Delivery Duty Paid(DDP) F.O.B. Destination, no additional fees will be charged to the Buyer.
b. Deposit 30%with the purchase order.
c. Balance 70%upon delivery
Section 2.2. Any payment made by the Buyer to the Seller is non-refundable.
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Purchase A�reement
ARTICLE III
Schedule and Delivery Date
Section 3.1. The schedule of the different phases of the sale of the Product will comply with the following timeframe:
a. The Seller will submit the final drawings forthe Buyer's approval not laterthan 15 business days afterthe
Buyer will have provided the Seller with the final technical requirements and other specifications for the
installation site of the Product including, but not limited to,drawings,footprint and all other information
needed by the Seller.
b. Shipping time of the Product from France(Port of Le Havre)to the job site delivery address will
range from 14 to 16 weeks after drawings are approved and signed by the Buyer. An additional 1
to 3 weeks should be anticipated for the U.S. Customs to register and release the Product.
The schedule under Section 3.1 is indicative only and is based on the Seller's good faith diligence.
Section 3.2. To secure a reasonable date to deliver the Product(the"Delivery Date") and to promote an orderly and
predictable delivery process, both the Seller and the Buyer will cooperate in good faith.
Section 3.3. The Delivery Date of the Product will be determined by the Seller and approved by the Buyer as part of
the Specifications in Sub-Section 1.1. b.
ARTICLE IV
Modifications in the Specifications
Section 4.1. Any change to the Specifications after the Confirmation Date shall require a separate written order and
may result in the postponement of the Delivery Date and in a higher total purchase price than originally agreed.
Furthermore,these changes are subject to the following limitations:
a. No changes to the Specifications,structural design, blueprints,or floor plans that affect the installation of the
Product are allowed.
b. Any additional materials or services not specifically mentioned in the initial Specifications will require a new and
separate written new order before becoming effective and subject to the terms and conditions of this Agreement. Shipment
of this new order with the rest of the Product is subject to the Sellers approval of the Seller with a minimum of four-week
written notice.The charges for any of any additional materials or services will be based on the Seller's pricing schedules in
effect at that time and shall be paid with the new order. If this new order is shipped separately(at the sole discretion of the
Seller),the Seller's normal delivery time, prices,and freight charges will apply accordingly.
Section 4.2. Once the Confirmation Date has been determined as per Section 1.1,the Buyer is expected to take
delivery on the date specified in the Confirmation Date. If unforeseen conditions cause the Buyerto be unable to take
delivery as specified in Section 3.2,the Seller will reschedule the delivery subject to the Seller's schedule and delivery
capacity.
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Purchase A�reement
ARTICLE V
Shipment,Delivery,Off-Loading,and Storage
Section 5.1. Once the Product is delivered at the Buyer's site,and prior to off-loading it,the Product becomes the
Buyer's property and the Buyer assumes all responsibility of losses, including theft,weather, or improper storage.Someone
from the Seller will supervise the delivery in order to check with the Buyer the conformity of the Product.
Section 5.2. At Delivery,the Buyer is responsible for providing minimum site standards as defined below and for
prompt payment as specified in Article II.Any delay in unloading resulting from failure to maintain the minimum site
standards,or from failure to pay as agreed,will result in a late fee delivery of$250.00 per hour, after allowing for three
hours for off-loading.Any additional cost, not already specified in the Client Proposal No. 20130508 under Sub-Section 1.1.a
of this Agreement, resulting from the nonconformity of the site as defined in Sub-Sections 5.2.a and 5.2. b,will be the Buyer's
responsibility.The minimum site standards are as follows:
a. An unobstructed gravel-based road must be provided to the foundation and storage areas. This road must have
clearance, turn radius, traction, and incline characteristics that allow for the maneuvering, unloading, and the
return to regular roads,of a large tractor or trailer.
b. The access and storage area must be of sufficient quality for delivery in wet or winter weather conditions.
ARTICLE VI
Limitation of Liability
The exclusive remedy to which the Seller may be subjected by reason of any breach of warranty, or in connection with
any Product supplied by the Seller, or by reason of any breach of agreement shall be for damages and, except to the
extent of insured claims or claims that would be insured if the Seller were in compliance with the insurance
requirements under this Agreement,the amount of damage for which the Seller may be liable for shall be limited in
accordance with the provisions hereof.The Seller's liability for any loss and losses and damages to the Buyer of any
other third party resulting from any breach of any warranty by which the Seller may be bound,from any damaged or
defective Product supplied by the Seller(regardless of whether any said defect shall be discoverable or latent),
failure to deliver, breach of agreement,or any other cause whatsoever, including the Seller's negligence, shall in no
event exceed the Total Price including sales tax under Section 3.1 of this Agreement,with respect to which losses or
damages are claimed, or at the election of the Seller,the repair or replacement of the defective or damaged Product. In
no event, including a
claim for negligence, shall the Seller be liable for incidental or consequential damages as defined in Section 2-715 of the
Uniform Commercial Code. Without limitation to the foregoing, in no event shall the Seller be liable for the loss of use of
the Product, process, plan,equipment or facilities of the Buyer or the end-user whether partially-or wholly-due to
defects in material and/or workmanship and/or design of the Seller's Product and in no event shall the Seller be liable
for expenses necessary to remove or reinstall the Product supplied by the Seller, or for any damages to other property
or equipment resulting from any such removal or reinstallation. Damages resulting from improper storage, improper
location handling,fire or any act of God will not be considered by the Seller as its liability except for insured claims.
Until the Product is delivered to the Buyer,the Seller shall maintain in full force and effect comprehensive general
liability insurance written on a comprehensive basis, including products liability and completed operations. The
insurance shall be in the minimum amount of$5,000,000 general aggregate limit and $5,000,000 products
liability/completed operations aggregate limit. All policies shall name the Buyer as additional insured parties. The
Seller's insurance policies shall be primary to any other coverage or insurance available to the Buyer. Prior to any
payment by the Buyer under this agreement,the Seller shall provide certificates of insurance to the Buyer reflecting
such coverage. It is agreed that the seller should pay cost at no limit for consequential damages or defective materials or
workmanship which is deemed to be the sellers fault.
5
Aqualitec Corp. 3415 S. Sepulveda Blvd. Suite 1100, Los Angeles, CA 90034
� Aqu � Oitec
Screening Equipment
Purchase Aareement
ARTICLE VII
General Provisions
Section 7.1. All notices and other communications given here under shall be in writing and shall be deemed to have been
duly given and received when personally delivered;or when mailed by certified mail, postage prepaid and return receipt
requested;or by reputable overnight delivery service:
a. If to the Seller,
Aqualitec Corp.
3415 S. Sepulveda Blvd. Suite 1100,
Los Angeles, CA 90034
b. If to the Buyer,
City of Ukiah Public Works Department
300 Seminary Avenue-Ukiah, CA 95482
Section 7.2. This Agreement shall be binding on and shall inure to the benefit of each of the parties hereto and their
respective successors or assigns.
Section 7.3. This Agreement, when combined with the Specifications defined in Section 1.1, constitutes the entire
agreement between the parties hereto.The Specifications are subject to all terms and limitations of this Agreement.
Section 7.4. This Agreement shall not be amended or modified except in writing executed by each of the parties
hereto.
Section 7.5. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision.
Section 7.6. The section headings herein are for convenience only and shall not affect the interpretation of this
document. Gender and pronouns,and singular and plural references used herein shall be interchangeable as appropriate.
Section 7.7. This Agreement shall be construed under and governed by the law of the State of California.The parties
agree that any dispute shall be litigated in any State Court for Mendocino County,CA.The parties consent to the
jurisdiction of any State Court for Mendocino County, CA.
"SELLER " "BUYER"
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Aqualitec Corp. Name: , ,���� C�s�-
Date: 09/04/14 Date: / �G
By: By: � `�! �/�/
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Name: Marc Monfort Name: Jane Chambers
Title: President Title: City Manager
6
Aqualitec Corp. 3415 S. Sepulveda Blvd. Suite 1100, Los Angeles, CA 90034