HomeMy WebLinkAbout03-09-2023 Sole Source Agreement with MISCOwater and Philadelphia Mixing Solutions for WTPPhiladelphia Mixing Solutions LLC
Headquarters, Service & Technology Center
1221 East Main Street, Palmyra, PA 17078, USA
Service & Technology Center
7210 Harms Road, Houston, TX 77041, USA
+1 717-832-2800
www.philamixers.com
Mixing Solutions Limited
Venture House, Bone Lane
Newbury • Berkshire RG14 5SH, UK
+44 1635 275300
www.mixingsolutions.com
Philadelphia Mixing Solutions Asia Pvt Ltd.
EFC Offices Spaces LLP
Unit No. 2202 A, 2nd Floor
Rajiv Gandhi InfoTech Park, Phase 1
Hinjewadi Pune 411057. India
+91 22 6241 2008 /67732000
www.philamixers-asia.com
10/6/22
City of San Luis Obispo
879 Morro St
San Luis Obispo, CA 93401-7314
To whom it may concern,
Philadelphia Mixing Solutions, LLC. designs and manufactures equipment for the water and wastewater
industries. All the equipment and components are specified according to each application per a set of
specifications, tolerances, and standards. Philadelphia Mixing Solutions, LLC is the only supplier of its
named equipment.
MISCOwater is Philadelphia Mixing Solutions’ sole authorized representative for products in the
municipal water and wastewater industries for the state of California.
Regards,
Austin Bashline
Regional Sales Manager
717-679-7161
austin.bashline@spxflow.com
DocuSign Envelope ID: 5A695BF0-BA5B-48AF-84FE-50E4226E2344
ALBUQUERQUE AURORA FOOTHILL RANCH LAS VEGAS PLEASANTON TEMPE
27101 Burbank, Suite B ● Foothill Ranch, CA 92610 ● T 949-458-5555 ● F 949-458-5500
www.miscowater.com
Date: 02/01/2023
To: City of San Luis Obispo
Attn: Steve Dunton, WTP Chief Maintenance Technician.
Subject: Sole Source Turn-Key Proposal for replacement of (6) PHILADELPHIA MIXER
GEARBOXES at WTP located at 1900 Stenner Creek Rd, San Luis Obispo, CA.
Proposal:
MISCOwater will provide a turn-key and sole source replacement of the existing (6)
PHILADELPHIA MIXER GEARBOXES, Model Number 3855M, Reference Serial Numbers:
05DEJ0613, 05DEJ0614, 05DEJ0615, 05DEJ0616, 05DEO0617, 05DEO0618 according to
the scope outlined in the following proposal:
• Provide and install OEM gearboxes and their high-speed mounting for 210TC
Frame and output shaft. (Customer to reuse drive stand, motor, and wetted
parts).
• Provide Authorized and Factory Trained Field Service Technician to supervise
installation and perform factory approved start-up. (2 days).
• Dispose of replaced gearboxes.
• Option A: Provide the factory recommended food grade gear oil* – price adder
applies.
DocuSign Envelope ID: 5A695BF0-BA5B-48AF-84FE-50E4226E2344
Scope of proposal:
• MISCOwater will provide and install new PHILADELPIA MIXER GEARBOXES per the
manufacturer’s guidelines.
• Remove and dispose of the (6) existing gearboxes.
• Disconnect and reconnect the existing (soft wired in conduit) electrical connection
to the mixers.
• Provide a Factory Trained and Authorized Technician to observe and advise on the
installation and perform the Factory approved Equipment Start-Up Service (2-
days included).
• Provide a 1-year warranty on equipment and installation.
• Option A: Provide (2) 55-gallon drums of Factory Recommended Food Grade Gear
Oil. (*Each Mixer requires approximately (7) gallons of oil at start-up and then an
oil change is required at 500 hours or 4 weeks of service, whichever comes first).
• As the Sole Source and Authorized Representative for Philadelphia Mixers in
California MISCOwater will provide a Sole Source Letter.
Excluded:
• Sales tax.
• Freight and Shipping.
• Permits, fees and or performance bonds if required.
• Any item / work not specifically named.
• Engineering Services, and or stamped engineering documents.
• Seismic calculations.
• Concrete restoration.
• Hazardous material handling or disposal.
• Gear boxes are shipped without gear oil. Installation of the oil is not included in
this proposal. We can perform this for an added cost if desired.
DocuSign Envelope ID: 5A695BF0-BA5B-48AF-84FE-50E4226E2344
Pricing:
MISCOwater proposes to offer this turn-key proposal for the price of:
Option A:
$369,980.00
Per Scope listed above.
Option B:
$11,955.00
Price adder to Supply recommended Food Grade Gear Oil.
Both Option A and B:
$381,935.00
• Estimated sales tax: add approximately $23,650.00 based on install location.
• Estimated Freight: add approximately $7500.00.
Our proposal/quotation is valid to 03/31/2023.
About:
MISCOwater is a licensed General Contractor in the State of California and can offer this
project on an installed, turn-key, and sole source basis as replacement in kind.
Founded in 1974, MISCOwater is a highly regarded manufacturer’s representative,
equipment supplier and installation General Contractor with many successful direct to
customer delivery projects completed.
We are licensed, bonded, and insured and will provide a Reference list upon request for
your assurance and confidence in our ability to perform.
Additionally, MISCOwater employ’s a full-time professional Project Manager to oversee
our direct to customer delivery projects.
Our Project Manager has more than a decade in the profession and has successfully
managed and completed multimillion-dollar projects, including schools, prisons, and
municipal water treatment projects.
DocuSign Envelope ID: 5A695BF0-BA5B-48AF-84FE-50E4226E2344
Notes:
• The MISCOwater Standard Terms and Conditions apply to this proposal. Included
herein.
• Freight and Shipping shall be Prepaid and Added (FSP-PPA), FOB Shipping Point
from SPX Flow, Philadelphia Mixing Solutions, LLC to Customer Location.
• The estimated time to shipment after a purchase order is received is 20-22 weeks.
• We ask that the Customer drain the oil from the gear boxes the day before the start of our
arrival. Disposal of the old/used gear oil is not included in the proposal.
• The Customer should have a fork truck or boom truck to off load the equipment from the
shipper.
Due to prevailing market conditions, it is difficult for MISCOwater and its sub-suppliers to ascertain
cost and delivery time with certainty. As such, all prices and dates for execution/delivery are quoted
by MISCOwater based on the costs and availability of materials and labor at the date of quotation. If
the actual cost to MISCOwater of executing the order increases by more than 5% between the date of
the quotation and the date of completion of the order, such increase shall be added to the price of
the order. MISCOwater may also demonstrate such increase by applying a price index chosen by
MISCOwater in good faith and applied to all or part of the price. Further, MISCOwater shall not be
responsible for any delays beyond its reasonable control due to a shortage/lack of availability of
materials including increased lead times by its sub-suppliers, staff shortages or transportation
disruptions.
Regards,
Steve Wallace
Territory Sales Manager
MISCOwater
27101 Burbank, Suite B
Foothill Ranch, CA 92610
949-540-5806 mobile
swallace@miscowater.com
DocuSign Envelope ID: 5A695BF0-BA5B-48AF-84FE-50E4226E2344
Rev. 06/07/2016
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 Buyer’s exclusive remedy for breach of warranty, and, except for gross negligence and willful
misconduct, the foregoing is Buyer’s 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. FIELD WORK
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.
MISCOWATER: By:
Title: Title:
Date: Date:
DocuSign Envelope ID: 5A695BF0-BA5B-48AF-84FE-50E4226E2344
Sales Manager
3/9/2023 | 4:38 PM PST 3/9/2023 | 4:41 PM PST
City Manager