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RES 23-092
RESOLUTION NO, 23-092 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract with Vision Equipment, of Houston, Texas, in the amount of $82,500.00 for the High Flow Bar Screen at the Wastewater Treatment Plant. The agreement is substantially in the form attached hereto as Exhibit "A," and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 4th day of April, 2023. l . Mayor Robin Mouton - _ r✓ �� puprYiiSl r '>r r ii s ,>lar + irill�enifi �t;l � sal �A J FS B."- '�' ss � „, ;��r �r -r � � n � .. � ,�^�a�'""� "✓� �r �"r' -�--r "� � � � _ � r,-�; �*v""� � �- � (� �Y � k ,� . Presented To: City of Beaumont Vision Equlpment Contact: Hershel Ezzeil, Jr., P.E. (281) 850-5414 Chris Hanley (970) 700-2669 Technologies for Municipal and Industrial Wastewater Treatinent Water Treatriierit Memhrories Headw, arks Course Scroerririg tleadworks Fine Scroeriiny lridexed Tray De-Griltiog Vortex De-Grittllig Seplage Re€elvlllg Stations Iii-Lirle Grindirig M€sriholo Grinders Grit Classifiers Clarifiors till 0xidotioit Ditch Systems fine Bubble Aerations Course Bubble Aeration Lagoon Aeralion Retractable Aerotlait Oxidatialr Ditch Conversions Biosolids Thickclsilig Biosolids Dewateririg PD Blowers Turho Blowers Horizolital UV Disiniedlon SBR MBR Pa€kaged Wll Sludge Holding Tank Aeration Digester Mixers Tri€kling filters SS Mesh Filiors Washer/Compactors David Bartlett Harsher Emil, Jr„ P.E. Randall Culanfo[d Jodie Marhut San M1onlo 11"Ston Corpus chdslk WeaUwr[ord Cs2103814030 0:28"505414 C:301-11 -mo 0:80-220-0411 OavWNslonoqulpmantnot Randallo�4slonoqulpmontalol JodloVAslonequlpnwnUsol o e e Horne Office Kelsha Antolno, Phil, PE Mike Neill Chris Hanley V$slon Egvlpn>ent Houston Mtadllo offleo Managor o Fa11s Vann 0:0323503903 C:0003385913 C:070.708.2669 FBIrOakaRaftobjX78015 Itelsha v{slorp - ' -'- ' " qulpnk4luvt Chrtsfrlslonegvlpnviltnot EXHIBIT "All Vision Equipment TEXAS , NEW NIEWICO a OKLANOhfA. March 30, 2023 To: T Brown, City of Beaumont Heather Rita Romine, City of Beaumont Reference: High Flow Service Station WWTP — Duperon PR Spare Parts Subject: Vision Equipment Proposal R2 ##HFSS-Beaumont-DC-FR-SP-W2333-2-03302023 T, Thank you for the opportunity to provide a proposal for the Duperon service parts for the FlexRake machine W2333-2 at the High Flow Service Station Wastewater Treatment Plant, Based on discussions and pictures, below is the recommended pails list, Pricing for this scope Is $82,500.00 and Is valid for 60 days. • SUBASSY: SCRAPER FPFS 304 SSTL (5) • SUBASSY: SCRAPER/STAGER - 304 SSTL(5) • SUB-ASSY: 2 LINK CHAIN 304SS (60) • ASSEMBLY: CHAIN 304SS (60) • SUBASSY: ROLLER CHAIN SLIDE 304 24 (2) • SEARING: ARM UHMW (2) • Debris Blade (1) Terms of Sale are as Follows: A. Unloading of the above equipment upon arrival Is not Included B. Installation of the above equipment Including any piping or electrical is not Included C. This proposal remains valid until May 17, 2023 D. Equipment will be delivered within twelve (12) weeks of receiving an approved PO E. Purchase Orders should be addressed to Vision Equipment, LLC F, The Vision Equipment Price is based on the enclosed Standard Terms & Conditions updated per the request of the City of Beaumont Vision Equipment is a State of Texas certified HUB and WBE supplier. Items purchased from Vision Equipment will be eligible for credit under the enclosed certifications. Please reach out with any questions, We remain at your service, Chris Hanley Hershel Ezzell, Jr., P.E. Vision Equipment Vision Equipment (970) 708-2669 (281) 850-5414 Cc: David Bartlett, VE San Antonio, (210) 381-4030 i y i MIRIMMEMMUEZ= DIVId Bartlett Hershel Ezzoil, Jt',, P.E. Randall Eul011fetd Jodie Marbut San Antonio Houston corpus cildsu Mat11er1ord C: 210381.4030 C: 281-850-5414 C: 301-319.2288 4: 817.M 0411 1JaM9As1ortoquipmmLnot Horslre1 4s1arogviprrtenLuel RandaliNsionequtpnwni.not Jodto!VAstouoqulpnwn,arot Horne Office Kelsila Antoine, P111), PE Mike Neill chris Hanley Vlslon Equlpmenl Houston AnWilo OMCO Managor BFallsView 0; 6323503003 C:800J385913 C:070-708.2809 falrOaksRand),TX78015 hilikovalonequtpnwnt.not Ciuts.Wsionequlpmeutsiet www.visionequipmentmet Vision Equipment arEXAS 1, NEW ME, RICO,- OKL&HOMA Minority HUB & WBE Certifications south Central Texas Regional Certincatlon Agency of Bexar County, Texas hereby duly affirms that, Vision Equipment, LIL,CI his smossfue/tnelthecst-'VO EIINCIN rn7Als01SCIRCA's03sintssEn:trprisc{tnt6ratl7irigramtoLe Etni6ed os a 1 *WBE c nf"rwcsco117 t,W nlinantunru! lac a�llfmNl h•11 tl)U1 Ra11Ei171'aq?lltian'4'Rf D.1'R14111b'A.1 NO.Ela.141 N•A!Nl,N iYlYNtl: aICSV Ardl IItKEI J1`5 (y\'ri{I(j falLrx1,.=['71tY1n5 g F ly.ra RtsfeYall7174, rr pacw�,lel�q :t'ra5�wfitfT`ie�i�.�y.i lyliawY.irit�.°,Iiyr�.rNas�nti ri.�si:.tu�r��a+.rn.,aar,u Women Business Enterprise (WOE) h. 1 Vision Equlpnleni, LL.C. Visloll H(ptipment, L.L,C. hallNn=ant Air•,cfa•I�;r.11a dt,s,It)l.:ii.CA V— len[.III flb�O l GNtS I'. AIIL The?aei YJ �lnr4r alR'11,YlTaa'IIIIReSII n M /:I:a'A7 Yl11 i INrS22N7R5YRF7�i1R[Ai1lFIR(Y,VfWE77i./ti0a51FW.W7MIit'li f5'rla1115lERS IfUt 51167ri FAYE07tl'Elrrlt CO?,SIaFPIG 3[rN+[ES 1 A . Cv1F[Y,t,[t•'rVil l CF:[a q,• 7.7: N Ind 1'•SI"1!IS MIrT)>, p.?.«I N.01•hY.4, htr+•1 lea e.:I•auc,�.rle s�':7fs7wYYuatry ��•.`r�.ar.l.+•.YIVXrlicr.Furlr.I r-.-.h I iV K1 AC,r nY`:i.<v ti IIF 3irNC1^.4 4, r�t•wy I:,.IgTtlt a �l-fY.V Y'YIISTI I.�.a C/'iN 111 Ja507!e'Q;K.,Mr2 h721 CrAFIr1CIV110711i0. Yh55t'•iS316Kn71 CMs:xal ad�anf ra'cl Texas Historically Underutilized Businoss (HUB) Certificate Coftirc7T!e tai`iskrst L 1043773001900 r cNcntluf Nunlbor. 44473 &HUB Appfayrll Gala: 2I•hf'ft•2020 1'NI.Sh 1ia'.0�•t.1J1 fIw'AIW 1�'fl,571tS•at 7i;hcC4ad i:>,µira'lOn Gala; 21•ApR.2074 'rife Tom,; Comptroller of Publln Acconnls (CPA), hcfeby coftifios lhal VISION EQUIPMENT, L.L.C. 1105 successfully mot lho eslnblished roquiramenis of Oil) 5tnto of 'ta7:.ns l l;slodrally Undetublizod 1301110M (HUB) program to be recognlzO As n HUB. Tills colliftu�ato printed 14`MAY2020, suporsedos ally frillsirAlion And w1lifl0to plomousy Issued by the HUB Ptoonant. If the(t) are Any eltantlos rogarding itt0 Infonnatloo p.o., business MillUuro, ownorshlp, day- day innangornool, ope(Atiolaal control, business location) plovrinl In lho subn5tssion of 1110 business' npf9kat€on for fooWra11onfc©lfif ellon as a HUB, you innsl Inin"intoty (within 30 days of such (hallos) notify Iho HUB Prngfarn In SYrithlg. Tho CPA 7asefvcs illo fight to conduct o "niplianco rovlow Al Any tlmo 10 cOnfifm HUB A119010. HUB w7Gf>G7,uon may bn suspended or revoked upon f1Al11nos of inniip7l>rHly, Srolo.5flfo Praure�lool UNS1Ev7 a a a a e a David Bartlett Hershel kzzall, Jr„ P.E. RalidaH f:t11o11feld Jodie Marbut San Asitonlo Houslela Corpus Clidsa Weaefotford C: 210-381.4030 C: 281.W-9114 C: 361.310.2280 C: 817.2204411 DmAdVsionequipmentnet Hareller4vL9bnequlpmantnel JodlogAsionoqulpmenlnot 0 t tAd MENE1113namew "011ie office Kolsha Antoine, P11D, r'B Mika Neill Chris Hanley Vlslon EquIpmefsl Houston Anladilo O41to Manager 6 palls Vmw 0: 0123564903 c; 808.3385913 C; 970.708.2889 Fitt Oaks Rancll,TX78015 KelshaZMslonaqutpmenlnol MikloVs;louoqulpn5anl3set ChAs!�?islonequlprnent.rlet wwwavislonequipitient,riet Vision Equipment, LLC Standard Terrns and Conditions of Sale for the City of Beaumont zn,C3�i��-''t�eriss Anhlic$k The Terms and Conditions of Sale listed below are the exclusive terms and conditions applicable to quotations made and orders accepted by Vision Equipment and Consulting ("Seller") for the sales of products, equipment and parts relating thereto ("Products"). This quotation or acknowledgment and acceptance Is expressly made conditional upon Buyer's assent to such terms and conditions. Any of Buyer's terms and conditions which are In addition to or different from those contained herein, which are not separately agreed to by Seller In writing, are hereby objected to and shall be of no effect, Objections to any terms and conditions contained herein shall be deemed waived if Seller does not receive written notice thereof within 20 days of the date of this acknowledgment. Buyer In any event will be deemed to have assented to the terms and conditions contained herein if Buyer either makes any payment to Seller or accepts any delivery of the Product. The term "this Agreement" as used heroin means this quotation or acknowledgment together with any attachment hereto, any documents expressly Incorporated by reference and these Standard Terms and Conditions of Sale. . . 9 A, Delivery dates are good faith estimates and do not mean that "time Is of the essence", Buyer's failure to promptly make advance or Interim payments, supply technical Information, drawings and approvals will result In a commensurate delay in delivery. Unless otherwise agreed In writing by Seller, title and risk of loss or damage to the Products shall pass to Buyer upon delivery of the Products F.O.B., Soller's plant (F.O.B., point of manufacture for any Product shipped direct to Buyer from any location other than Seller's plant). B. Seller shall not be liable for any loss or delay due to acts of governmental authority, laws or regulations, strikes, fires, floods, earthquakes, severe weather, epidemics, quarantine restrictions, war, riot, acts of Buyer, wrecks, delays in transportation, Inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of Seller. In the event of any such delay In performance due to such causes, the date of delivery or performance shall be deferred for a period equal to the time lost by the reason of the delay A. Seller warrants to Buyer that the Products will be delivered free from defects In material and workmanship. This warranty shall commence upon delivery of the Products and shall expire on the earlier to occur of 12 months from Initial operation of the Products and 18 months from delivery thereof (the "Warranty Period"), If during the Warranty Period Buyer discovers a defect in material or workmanship and gives Seller written notice thereof within 10 days of such discovery, Seller will, at Its option, either deliver to Buyer a replacement part or repair the defect In place. Seller will have no warranty obligations under this Section 3(A): (I) If Buyer fails to ensure that the Products are operated and maintained In accordance with generally approved Industry practice and with Seller's specific written Instructions; (II) If the Products are used In connection with any mixture or substance or operating condition other than that for which they were designed; (111) If Buyer falls to give Seller such written 10 day notice; (Iv) If the Products are repaired by someone other than Seller or have been Intentionally or accidentally damaged, or (v) corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable. B, Seiler further warrants to Buyer that at delivery, the Products will be free of any liens or encumbrances. If there are any such liens or encumbrances, Seller will cause them to be discharged promptly after notification from Buyer of their existence. C. THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL. MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. D. The remedies provided in paragraphs 3(a) and 3(b) are Buyer's exclusive remedy for breach of warranty. The remedies of buyer set forth herein are exclusive and the aggregate liability of seller for all claims of any kind for any loss or damage resulting from, arising out of or connected with this agreement or from the performance or breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any product, shall In no event exceed the price allocable to the product which gave rise to the claims. The foregoing notwithstanding, if applicable, any claims for (a) delay shall not exceed 10% and (b) breach of performance guarantees shall not exceed 20% of the price. In no event shall seller be liable to buyer or any party for special, incidental or consequential damages of any nature, including, but not limited to, loss of profits or revenue or business opportunity, loss by reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining replacement power. The limitations and exclusions of liability set forth in this paragraph shall apply to any claim, whether based on contract, warranty, tort (Including negligence), fault, strict liability, indemnity, or otherwise. All liability of Seller to Buyer, arising out of this Agreement, shall terminate at the expiration of 3 years after final acceptance. The provisions of this paragraph A shall supersede any Inconsistent provisions In any Instrument forming part of this agreement. Seller's pripes do not Include any sales, use, excise or other taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other tax applicable to the sale or use of the Products shall be billed to and paid by Buyer unless Buyer provides to Seller a tax -exemption certificate acceptable to the relevant taxing authorities. Seller shall retain a purchase money security Interest In the Products until all payments have been made In full. Buyer agrees to do all acts necessary to perfect and maintain such security interest In Seiler and to protect Sollers interest In the Products. Vision Equipment, LLC. Standard Terris and Condlllons of Sale Page 1 of 3 Vision Egtlipinent, LLC Standard Torins and Conditions of Sale for the City of Beaumont Neither Buyer nor, any of its affiliates shall have any right to set off claims against Seller or any of Its affiliates for amounts owed under this Agreement or otherwise. Unless the Products or any part thereof are designed to Buyer's specifications and provided the Product or any part thereof is not used in any planner other than as specified or approved by Seller in writing, (1) Seller shall defend against any suit or proceeding brought against Buyer to the extent based on a claim that any Product, or any part thereof, Infringes any United States patents; provided Seller Is notified promptly in writing and given authority, Information and assistance for the defense of such suit or proceeding; (ii) Seller shall satisfy any judgment for damages entered against Buyer in such suit; and (€11) If such judgment enjoins Buyer from using any Product or a part thereof, (lien Seller shall at Its option; (a) obtain for Buyer the right to continue using such Product or part; (b) eliminate the Infringement by replacing or modifying all or part of the Products; or (c) take back such Product or part and refund to Buyer all payments on the purchase price which Seller has received, In which case neither Buyer nor Seller will have any claim against the other tinder this Agreement or arls€ng out of the subject matter of this Agreement. The foregoing states Seller's entire liability for patent Infringement by any Product or part thereof. Buyer may only cancel Its order for cause agreeable to the Seller and upon written notice to Seller and upon payment to Seller of Seller's cancellation charges, which shall be specified to Buyer and shall take into account among other things expenses (direct and Indirect) incurred and commitments already made by Seller and an appropriate profit. In the event of the bankruptcy or Insolvency of Buyer or in the event of any bankruptcy or insolvency proceeding brought by or against Buyer In the.: event of extreme delay, Buyer may cancel Its.. order without penalty.; For the. purpose of this section extrame delay shall mean six months longer than the estimated delivery dale. r Seller will not make changes In the Products unless Buyer and Seller have executed a written Change Order for such change. Such Change Order will Include an appropriate price adjustment. If the change Impairs Seller's ability to satisfy any of Its obligations to Buyer', the Change Order will include appropriate modifications to this Agreement. If after the date of this quotation or acknowledgment, new or revised governmental requirements should require a change In the Products; the change will be subject to this paragraph 10. Buyer, t0 `extent permitted by law; acknowledges that the Information which Seller submits to Buyer in connection with this quotation or acknowledgment includes Seller's confidential and proprietary Information, boll) of a technical and commercial nature. Buyer agrees not to disclose such Informal'€on to third parties without Seller's prior written consent. Buyer further agrees not to permit any third party to fabricate the Products or any parts thereof from Seller's drawings. Buyer will defend and Indemnify Seller from any claim, suit, or liability based on personal Injury (Including death) or property damage related to any Product or part thereof which is fabricated by a third party without Seller's prior written consent and from and against rotated costs, charges and expenses (including attorney's fees). All copies of Seller's drawings shall remain Seller's properly and may be reclaimed by Seller at any time. Seiler acknowledges that . Buyer Is a governmental en.illy subject to the Public Information's Act :(Act) and therefore limited In :Its ability to withhold; information deemed "public" or "subject to release" under the Act. If Buyer Is not the and user of the Products sold hereunder ((he "End User"), then Buyer will use Its best efforts to obtain the End User's written consent to be bound to Seller by the provisions of paragraphs 3, d, 5, and 11 hereof. If Buyer does not obtain such End User's consent, Buyer shall defend and Indemnify Seller and Seller's agents, employees, subcontractors, and suppliers from any action, liability, cost, loss or expense for which Seller would not have been liable or from which Seller would have been Indemnified if Buyer had obtained such End User's consent. A. Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance with all applicable Federal, state and local laws applicable to their manufacture and in accordance with Seller's engineering standards. Seller shall not be liable for failure of the Products to comply with any other specifications, standards, laws or regulations. B. This Agreement shall inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations hereunder, by either party without the written consent of the other party shall be void. C. This Agreement contains (lie entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings between Buyer and Seller concerning the Products, and any prior course of dealings or usage of the trade not Incorporated heroin. D, This Agreement (including these standard terms and conditions of sale) may be modified, supplemented or amended only by a writing signed by an authorized representative of Seller. Seller's waiver of any breach by Buyer of any terms of this Agreement must also be In writing and any waiver by Seiler or failure by Seller to enforce any of the terms and conditions of this Agreement at any time, shall not affect, limit or waive Seller's right thereafter to enforce and compel strict compliance with every term and condition thereof. E. This Agreement and the performance thereof will be governed by and construed according to the laws of the State of Texas. The parties hereto agree to the Jurisdiction of the Federal and State courts sitting in Tarrant County, Texas anti-walve-any-slab+(&- "o-inser}venlen"orum. In Ilia event this Agreement pertains to the sale of any goods outside Ilia United States, the parties agree that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement. Vision Equipnment, I.I.C. Standard forms and Condillons of Sate Page 2 of 3 Vision Equipment, LLC Standard Terms and Conditions of Sale for the'City of Beautnont To extent permitted by law, all legal fees to collect debts owed to seller from buyer shall be paid by the buyer. All legal fees required to settle Indebtedness of buyer to seller shall be paid In full by the buyer. Vlslon Equipment, LLC, Standard Terms and Conditions of Sale Page 3 of 3