Contract - Aqua Aerobic System Inc. - 7/27/2023 �4, AC.ZUA-AEROBIC SYSTEMS, INC.
A Metawater Company
July 11, 2023
Correspondence ID#: AAL-46579
Round Rock ( city of)
Attn: David Freireich, Prj Mgr
3400 Sunrise Road
Round Rock, Texas 78665
Ph#512-671-2756
Project: BRUSHY CREEK REGIONAL WWTP
RE: Filter Equipment Pre-Purchase Project#0982-011-01
AASI Project ID# 108701E
Proposal/Design # 171557
Enclosed please find our proposal package for the Aqua MegaDisk® Cloth Media
Filter equipment, freight, and supervision services for the above referenced project.
Aqua-Aerobic Systems, Inc. is offering the proposed equipment based upon the
referenced specification sections, unless stated in our Exceptions and Clarifications
document, subject to approval by the Owner or the Consulting Engineer. Please take
a moment to review our proposal notes for items not included in Aqua-Aerobic
Systems' scope of supply which are to be provided by the Buyer or Buyer's
Installation Contractor.
We appreciate the opportunity to submit our proposal for this project and look forward
to discussing it with you in detail. Please feel free to contact me (phone:
815-639-4563; email: adavila@aqua-aerobic.com), or our sales representative firm
(listed below) if you have any questions regarding our proposal.
Sincerely,
Angelica Davila
Application Engineer Supervisor
CC: Hartwell Environmental Corp. / ph#: 512/347-7676/fx#: 512/347-7730
Gerald Pompa/gpompa@hartwellenv.com
Aeration&Mixing I Biological Processes I Filtration I Membranes I Oxidation&Disinfection I Process Control I Aftermarket&Customer Service
6306 N.Alpine Rd. Loves Park,IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Page 2 of 2
July 11, 2023
Aqua-Aerobic Systems, Inc.
Scott Kelly / SKelly@aqua-aerobic.com
Aeration&Mixing I Biological Processes Filtration I Membranes I Oxidation&Disinfection Process Control I Aftermarket&Customer Service
6306 N.Alpine Rd, Loves Park.IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
AQUA-AEROBIC SYSTEMS, INC.
A Metawater Company
Proposal#: 171557R1
TO: Round Rock(city of) PROJECT: BRUSHY CREEK REGIONAL WWTP
3400 Sunrise Road
Round Rock
Texas 78665
USA
ATN: David Freireich, Prj Mgr PROPOSAL DATE: July 11, 2023
CC: Hartwell Environmental Corp. I ph#: 512/347-7676/fx#: 512/347-7730
Gerald Pompa
Aqua-Aerobic Systems, Inc.
Scott Kelly/SKelly@aqua-aerobic.com
The following Notes apply to Aqua-Aerobic Systems' proposal:
-We are pleased to quote, for acceptance within 60 days of the bid date, prices and terms on equipment listed
below.
- Equipment will be furnished by Aqua-Aerobic Systems, Inc. with unloading of goods, civil work, and installation by
the Buyer.
- Reference: Specification Section 46 61 41 - PS Cloth Media Disk Filter
Cloth Media Filters
AquaDisk Tanks/Basins
2 AquaDisk Model #ADFSC-108x24E-PC Concrete Filter Basin Accessories consisting of:
- Concrete basins (by others).
- Overall footprint will be dependent on influent, effluent, and overflow chamber configurations.
- Backwash support weldment(s).
- Dual wheel support weldment(s).
- Rider wheel wall weldment(s).
- 316 stainless steel effluent seal plate weldment(s).
- Floor plate weldment(s).
- Stainless steel anchors.
2 Effluent Weir Installation(s) consisting of:
- 30 ft long effluent finger weir(s).
- Stainless steel anchors.
AquaDisk Centertube Assemblies
2 Centertube(s) consisting of:
- 316 stainless steel centertube weldment(s).
- Multi segment driven sprocket(s).
- Dual wheel assembly(ies).
- Rider wheel bracket assembly(ies).
- Centertube bearing kit(s).
-Centertube support weldment(s).
- Centertube wall support weldment(s).
-Viton V-ring effluent port\centertube seal(s).
- Pile cloth media and non-corrosive support frame assemblies.
- Media sealing gaskets.
6306 N.Alpine Rd. Loves Park,IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 1 of 8
AQUA-AEROBIC
PROPOSAL PROPOSAL DATE: July 11, 2023 Pro osal#: 171557R1
SYSTEMS, INC.
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-Disk segment 316 stainless steel support rods.
2 Cloth set(s)will have the following feature:
-Cloth will be chlorine resistant.
AauaDisk Drive Assemblies
2 Drive System(s)consisting of:
-Gearbox(es)with three phase 5 HP drive motor(s).
-Drive sprocket assembly(ies).
- 15-5 PH stainless steel drive chain(s)with 17-7 PH stainless steel link pins.
-Stationary drive bracket weldment(s).
-Adjustable drive bracket weldment(s).
-Chain guard weldment(s).
-Warning label(s).
AauaDisk Backwash/Sludge Assemblies
2 Backwash System(s)consisting of:
-316 stainless steel backwash shoe weldments.
- UHMW polyethylene backwash shoe nozzle plates.
-316 stainless steel backwash shoe support weldment(s).
-3"flexible hose.
-316 stainless steel backwash collection manifold(s).
- Stainless steel solids wasting manifold assembly(ies).
-316 stainless steel solids manifold support(s).
2 Backwash/Solids Waste Pump(s) consisting of:
-Gorman Rupp model T6A60S-B/F, 20 HP, premium efficient, 3 phase externally mounted centrifugal pump(s).
-0 to 30 psi pressure gauge(s).
AquaDisk Instrumentation
2 Pressure Transducer Assembly(ies)each consisting of:
-316 stainless steel mounting bracket weldment(s).
-316 stainless steel transducer pipe weldment(s).
- Pressure transducer(s).
-Stainless steel anchors.
- Nylon electrical cable tie wrap(s).
2 Vacuum Gauge with Transmitter(s)consisting of:
-0 to 30 inches mercury vacuum gauge(s).
-Vacuum transmitter(s).
- 1/4"Threaded bronze ball valve.
2 Float Switch(es) consisting of:
-316 stainless steel float switch mounting bracket(s).
- Float switch(es).
-Stainless steel anchor(s).
2 Turbidity Meter Assembly(ies) consisting of:
-NEMA 4X 304 stainless steel enclosure(s).
-Control panel enclosure will be painted white.
-Turbidity sensor(s).
- Hach SC4500 controller and display module(s).
-Calibration start-up kit(s).
-Sensor feed pump(s)
6306 N.Alpine Rd. Loves Park,IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 2 of 8
� i AQUA-AEROBIC
PROPOSAL DATE: July 11, 2023 Proposal#: 171557R1 SYSTEMS, INC.
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AquaDisk Valves
2 Set(s) of Backwash Valves consisting of:
-6"stainless steel body ball valve(s), cast iron PFA fused ball, flanged end connections with single phase electric
actuator(s). Valve/actuator combination shall be manufactured by American 4001/RCI (RCI, a division of Rotork).
2 Solids Waste Valve(s) consisting of:
-6"stainless steel body ball valve(s), cast iron PFA fused ball, flanged end connections with single phase electric
actuator(s). Valve/actuator combination shall be manufactured by American 4001/RCI (RCI, a division of Rotork).
AquaDisk Misc/Spare Parts
1 Lot of Recommended Spare Parts consisting of:
- (16) Pile cloth media and non-corrosive support frame assemblies.
- (1) Backwash/solids valve assembly.
- (1) Backwash pump assembly.
-(2) DC Power supplyies.
-(7)Analog surge arrestors.
-(2) Power surge arresters.
-At least 10 of each fuse(s) and control relay(s).
AquaDisk Controls w/Starters
2 Control Panel(s) consisting of:
- NEMA 4X 304 stainless steel enclosure.
-Control panel enclosure will be painted white.
- Panel heater.
-Air conditioner(s).
-Alarm strobe light(s).
-Alarm horn and silence button.
- Elapse time meter(s).
- Local indicator(s).
-Surge arrester(s).
- Internal control panel light(s).
- Uninterrupted power supply.
-Circuit breaker with handle.
- Disconnect will be flange mount.
-Transformer(s)with fuses.
-4 inch NEMA 4X fan(s).
-GFI receptacle(s).
- Fuses and fuse blocks.
-Single phase circuit breaker(s).
- Line filter(s).
-GFI convenience outlet(s).
-Control relay(s).
-Selector switch(es).
- Indicating pilot light(s).
-Compactlogix Processor.
- Power supply(s).
- Input card(s)
-Output card(s).
-Analog input card(s).
-Analog output card(s).
- PanelView Plus 7 15"color touch screen display(s).
-Operator interface sun shield(s).
- Ethernet switch(es).
-20 HP VFD(s).
-5 HP VFD(s).
6306 N.Alpine Rd. Loves Park,IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 3 of 8
PROPOSAL DATE: Jul 11, 2023 Pro osal#: 171557R1 � ����� AQUA-AEROBIC
Y P L i.' SYSTEMS, INC.
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- Power supply(ies).
-Terminal blocks.
- UL label(s).
AquaDisk Engineering
1 Set(s) Documentation for the AquaDisk will be provided as described:
- Engineer's Approval Data (English language) in electronic format.
1 Set(s) Documentation for the AquaDisk will be provided as described:
-Operation & Maintenance Manuals (English language) in electronic format.
AauaDisk Supervision/Freight Domestic
1 Supervision Services and Freight Package(s)for the AquaDisk will be provided as follows:
- 11 Day(s) On Site for onsite services
- 5 Trip(s) for onsite services
- FREIGHT TO JOBSITE
The Following General Notes apply to Aqua-Aerobic Systems' Proposal:
-SCHEDULE: We expect submittals to be completed and in transit to you within 8-10*weeks after receipt of order
with acceptable terms and conditions and guarantee of payment. We expect receipt of approved engineer's
submittal with release for manufacture within 4-8 weeks of our transmittal of submittal data. We expect shipment of
equipment(transit time excluded)to be approximately 16-22*weeks from our receipt of approved engineer's
submittal data and release for manufacture. Schedules may be adjusted at time of order placement, depending
upon existing order backlog. *Weeks quoted are actual working weeks.
-We expect shipment of control panels(transit time excluded)to be approximately 30-36 weeks*from our receipt of
approved engineer's submittal data and release for manufacture. The extended delivery on control panels is based
on unprecedented supply chain delays associated with the COVID-19 pandemic. Schedules will be updated as new
information becomes available.
-Schedule changes due to supply chain disruption may impact the above quoted times. Aqua-Aerobic Systems will
advise if/when any such disruption applies.
-Aqua-Aerobic Systems will be closed for the Christmas Holidays beginning approximately December 24, through
approximately January 2nd.
- PRICE ESCALATION INDEX: Aqua-Aerobic Systems, Inc. reserves the right to re-evaluate the pricing quoted
prior to order acceptance if; 1) a purchase order is received after the validity date stated in this proposal or,2)the
lead times stated in this proposal are exceeded. Any pricing adjustments required shall be based on a published
materials cost index specific to the materials proposed.
-TARIFF PRICE ESCALATION NOTE: The proposed goods may be affected by the recent U.S. Government
proposed tariffs on imported steel and aluminum. Because of this,Aqua-Aerobic reserves the right to re-evaluate
the pricing quoted prior to order acceptance if; 1) a purchase order is received past the validity date stated in the
proposal or,2)the total of the quoted lead times stated in this proposal are exceeded. Any pricing adjustments
required due to tariff impacts will be based on published material cost indices specific to the affected materials.
-CONTROLS NON-DISCLOSURE/CONFIDENTIALITY AGREEMENT: If applicable, Aqua-Aerobic Systems will
provide information relating to software documentation to control the treatment system supplied using Aqua-Aerobic
Systems' proprietary and/or trade secret information subject to execution of an Aqua-Aerobic"Controls
Non-Disclosure/Confidentiality Agreement".
- INTEGRAL DOCUMENTS: The following documents are an integral part of Aqua-Aerobic Systems' proposal:
1. Aqua-Aerobics' Exceptions/Clarifications document dated 6/28/2023
-Additional supervision services can be provided for an additional charge of$1750/day plus travel and living
expenses.
The Following Mechanical and/or Electrical Notes apply to Aqua-Aerobic Systems' Proposal:
-Valve and line sizes are to be verified by the engineer based on actual line losses.
-Pumps and valves ship loose, unless otherwise specified.
-Filter flow hydraulics and plant's capability to handle the intermittent backwash flow is to be confirmed by the
purchaser/purchaser's consulting engineer.
-Some components of the filter are not available in 316 stainless steel. The materials for these components will be
provided as described within the equipment listing of this proposal.
-Three phase motors will be 460 volt.
6306 N.Alpine Rd. Loves Park,IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 4 of 8
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AQUA-AEROBIC
PROPOSAL DATE: July 11, 2023 Proposal#: 171557R1 ;' SYSTEMS. INC.
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-Single phase motors will be 115 volt.
The Following Scope Exclusion Notes apply to Aqua-Aerobic Systems' Proposal:
- Materials and Services not specifically described/itemized in this proposal are not included in the quoted total
price, and are to be supplied by the installing contractor/purchaser.
- Freeze protection may be required for outdoor installation in cold weather climates. All such protection, including
but not limited to, heat tracing and insulation of pumps and piping, as well as protection against internal tank
freezing, shall be provided and installed by the installing contractor.
SCOPE BY PURCHASER/CONTRACTOR:
*Note this is not intended as a complete listing and is provided as a courtesy.
- Unloading and storage.
- Provisions for equipment access.
-Concrete, handrail and all civil works.
-All piping, spool pieces, supports, gaskets and hardware beyond Aqua-Aerobic's equipment terminations.
- Interconnecting piping, wiring and installation.
-All flanges and/or unions in the piping to service the equipment.
- Unless specifically stated above, weir(s)for each filter.
- Electrical conduit, hardware, supports, attachment of cables, wiring,j boxes and local disconnects(if any) between
motors, electrical valves, instruments and the control panel.
- Installation/field wiring of the control panel(s)that ship loose.
- Electrical wiring and supply power.
The Following Commercial Notes apply to Aqua-Aerobic Systems' Proposal:
-WARRANTY AMENDMENT: Aqua-Aerobic Systems, Inc. warrants the goods provided by Aqua-Aerobic Systems,
Inc. in accordance with the"Warranty; Limitation Of Liability;And Disclaimer"as amended herein:
1. Warranty period shall be 2 years from substantial completion or beneficial use, whichever occurs first.
-A company backed process performance guarantee in accordance with the terms stated on Aqua-Aerobic
Systems' process guarantee will be provided.
- F.O.B. JOBSITE; TITLE AND RISK OF LOSS:All prices and all shipments of goods are F.O.B. Jobsite City
Location. It is the responsibility of the Buyer to unload shipments and utilizing the packing list and bill of lading
provided with the shipment notate shortages/damages upon receipt of the shipments and notify Aqua-Aerobic in
writing within 7 days of the shortages/damages to facilitate filing of a freight claim. Delivery of the goods sold
hereunder by the carrier shall be deemed delivery to Buyer, and upon such delivery, title to such goods and risk of
loss or damage shall be upon Buyer.
-TAXES: State and/or local taxes are not included in the price but will be charged unless we receive a valid sales
exemption certificate, direct pay permit, or other documentation required specifically by the taxing entity prior to
shipment.
-PAYMENT TERMS: Subject to credit approval and guarantee of payment,95% payable Net 45 days from date of
each shipment, balance of 5% payable Net 45 days Final Completion not to exceed 90 days from date of shipment.
-SCOPE OF SUPPLY NOTE: Aqua-Aerobic Systems'scope of supply (and pricing) is as described in this proposal
including the listed Integral Documents, terms and conditions of sale, and is based upon the Filet Equipment
Pre-Purchase package dated June 2023 unless otherwise stated on Aqua's Exceptions/Clarifications document.
Please refer to the proposal notes for equipment terminations and items not included in the proposal which are to be
provided by the Buyer. Engineer's submittal data will be prepared using these proposed goods and services, and
the submittal approved by the Consulting Engineer will become an integral part of the scope of supply under the
contract resulting from this offer. Any additions or deletions to the scope of supply will be presented as change
orders.
-TRADEMARKS: Aqua-Jet@ Surface Mechanical Aerator,Aqua-Jet II®Contained Flow Aerator,AquaDDMV
Direct-drive Mixer, TurboStar@ Directional Mixer, ThermoFloG Surface Spray Cooler, Endura@ Series Limited
6306 N.Alpine Rd. Loves Park,IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 5 of 8
IC
PROPOSAL DATE: July 11, 2023 Proposal#: 171557 AQU B
SYS TTEMSEEMS,, INC.
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Maintenance Product, OxyMixO Pure Oxygen Mixer, OxyStarO Aspirating Aerator, Fold-a-Float@ Directional Mixer,
SAF-T Float@ Safe Accessible Float Technology,Aqua MixAir@ Aeration System,AquaCAM-DO Combination
Aerator/Mixer/Decanter,AquaSBRO Sequencing Batch Reactor,Aqua MSBRO Modified Sequencing Batch
Reactor,AquaPASSO Phased Activated Sludge System,Aqua BioMax0 Dual Treatment System,AquaEnsure@
Ballast Decanter,Aqua EnduraTube@ Fine-bubble Tube Diffuser,Aqua EnduraDisc@ Fine-bubble Disk Diffuser,
Aqua CB-240 Coarse-bubble Diffuser,AquaDiskO Cloth Media Filter,AquaDiamond@ Cloth Media Filter,
AquaDrum@ Cloth Media Filter,Aqua MiniDisk@ Cloth Media Filter,Aqua MegaDisk@ Cloth MEdia Filter,
AquaPrime@ Cloth Media Filter,AquaStorm@ Cloth Media Filter, OptiComb@ Backwash System, OptiFiberOCLoth
Filtration Media, OptiFiber PES-130 Cloth Filtration Media, OptiFiber PA2-130 Cloth Filtration Media, OptiFiber
PES-140 Cloth Filtration Media, OptiFiber PF-140 Cloth Filtration Media, OptiFiber UFS-90 Cloth Filtration Media,
Trust the Tag@ OptiFiber@ Service Mark,AquaABFO Automatic Backwash Filter,Aqua-Aerobic@ MBR Membrane
Bioreactor System, Aqua MultiBore@ Membranes,Aqua Multibore@ C-Series Ceramic Membranes,Aqua
Multibore@ P-Series Polymeric Membranes,Aqua ElectrOzone@ Ozone Generation System,Aqua ElectrOzone@
M-Series Modular Ozone Generation System, IntelliPro0 Monitoring and Control System,AquaPRSTM PFAS
Removal System,AquaPR-206TM PFAS Removal System,Aqua-Aerobic@, and the Aqua-Aerobic Corporate logo
artwork are registered trademarks or pending trademarks of Aqua-Aerobic Systems, Inc. Nereda0,AquaNereda0
Aerobic Granular Sludge Technology, and the AquaNereda Product logo artwork are a registered trademark of
Royal HaskoningDHV. All other products and services mentioned are trademarks of their respective owners.
GOODS QUOTED ABOVE WILL BE SOLD SUBJECT ONLY TO THE TERMS AND CONDITIONS OF SALE SET
FORTH HEREIN. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY OBJECTED TO.
Total Price: $1,679,620
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Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 6 of 8
AQUA-AE RO B I C
PROPOSAL DATE: July 11, 2023 Proposal#: 171557 `' SYSTEMS, INC.
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TERMS AND CONDITIONS OF AQUA-AEROBIC SYSTEMS,INC.(A Metawater Company)
Page 1 of 2
This offer and all of the goods and sales of Aqua-Aerobic Systems,Inc.are subject only to the following terms and conditions. The acceptance of any
order resulting from this proposal is based on the express condition that the Buyer agrees to all the terms and conditions herein contained. Any terms
and conditions in any order,which are in addition to or inconsistent with the following,shall not be binding upon Aqua-Aerobic Systems,Inc. This
proposal and any contract resulting therefrom,shall be governed by and construed in accordance with the laws of the State of Illinois,without regard
to conflicts of laws principles.
PAYMENT
Unless specifically stated otherwise,quoted terms are Net 30 Days from shipping date.Past-due charges are 1.5%per month and will apply only on
any past-due balance. Aqua-Aerobic Systems,Inc.does not allow retainage of any invoice amount,unless authorized in writing by an authorized
representative of our Loves Park,Illinois office.
DURATION OF QUOTATION
This proposal of Aqua-Aerobic Systems,Inc.shall in no event be effective more than 30 days from date thereof unless specifically stated otherwise,
and is subject to change at any time prior to acceptance.
SHIPMENT
Shipping dates are not a guarantee of a particular day of shipment and are approximate,being based upon present production information,and are
subject to change per the production schedules existing at time of receipt of purchase order. Aqua-Aerobic Systems,Inc.shall not be responsible for
any delay in shipment for causes beyond its control including,but not limited to,war,riots,strikes,labor trouble causing interruption of work,fires,
other casualties,transportation delays,modification of order,any act of governmental authorities or acts of God.Quoted shipment dates in this
proposal are approximate dates goods will be shipped and,unless agreed to in writing by Aqua-Aerobic Systems,Inc.,Buyer may not postpone or
delay the dates of shipment of goods from our plant or from our supplier's plants beyond the dates set forth in this proposal.
TITLE AND RISK OF LOSS
All prices and all shipments of goods are F.O.B.Aqua-Aerobic Systems,Inc.'s plant at Loves Park,Illinois unless specifically stated otherwise.
Delivery of the goods sold hereunder to the carrier shall be deemed delivery to the Buyer,and upon such delivery,title to such goods and risk of loss
or damage shall be upon Buyer.
TAXES
Prices quoted do not include any taxes,customs duties,or import fees.Buyer shall pay any and all use,sales,privilege or other tax or customs duties
or import fees levied by any governmental authority with respect to the sale or transportation of any goods covered hereby. If Aqua-Aerobic Systems,
Inc.is required by any taxing authority to collect or to pay any such tax,duty or fee,the Buyer shall be separately billed at such time for the amounts
Aqua-Aerobic Systems,Inc.is required to pay.
INSURANCE
Unless the goods are sold on a CIF basis,the Buyer shall provide marine insurance for all risks,including war and general coverage.
SECURITY
If at any time the financial responsibility of the Buyer becomes unsatisfactory to Aqua-Aerobic Systems,Inc.,or Aqua-Aerobic Systems,Inc.
otherwise deems itself insecure as to receipt of full payment of the purchase price from Buyer hereunder,Aqua-Aerobic Systems,Inc.reserves the
right to require payment in advance or security or guarantee satisfactory to Aqua-Aerobic Systems,Inc.of payment in full of the purchase price.
LIMITATION OF ACTION
No action shall be brought against Aqua-Aerobic Systems,Inc.for any breach of its contract of sale more than two years after the accrual of the cause
of action thereof,and,in no event,unless the Buyer shall first have given written notice to Aqua-Aerobic Systems,Inc.,of any claim of breach of
contract within 30 days after the discovery thereof.
CANCELLATION CLAUSE
No acceptance of this proposal,by purchase order or otherwise,may be modified except by written consent of Aqua-Aerobic Systems,Inc.nor may it
be cancelled except by prior payment to Aqua-Aerobic Systems,Inc.the following sums as liquidated damages therefore: 1)If cancellation is prior to
commencement of production and prior to the assumption of any obligations by Aqua-Aerobic Systems,Inc.for any materials or component parts,a
sum equal to 15%of the total purchase price;2)If cancellation is after the commencement of production or after the assumption of any obligations by
Aqua-Aerobic Systems,Inc.for any materials or component parts,a sum equal to the total of the direct,out-of-pocket expenses incurred to the date of
cancellation for labor,machine time,materials and any charges made to us by suppliers for cancellation,plus 30%of the total purchase price.All
charges and expenses shall be as determined by Aqua-Aerobic Systems,Inc.In the event any items are used by Aqua-Aerobic Systems,Inc.to fill a
subsequent order,then upon receipt of payment for such order,Aqua-Aerobic Systems,Inc.shall pay the Buyer a sum equal to the direct out-of-
pocket expenses previously charged and received from Buyer.
PROPRIETARY INFORMATION
This proposal,including all descriptive data,drawings,material,information and know-how disclosed by Aqua-Aerobic Systems,Inc.to Buyer in
relation hereto is confidential information intended solely for the confidential use of Buyer,shall remain the property of Aqua-Aerobic Systems,Inc.
and shall not be disclosed or otherwise used to the disadvantage or detriment of Aqua-Aerobic Systems,Inc.in any manner.
6306 N Alpine Rd. Loves Park.IL 61111-7655 p 815.654.2501 f 815 654.2508 www.aqua-aerobic.com
Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 7 of 8
IC
PROPOSAL DATE: July 11, 2023 Proposal#: 1 SYSTEMS.71557R1 AQU TEES, INC.8C
TERAIS AND CONDITIONS OF AQUA-AEROBIC SYSTEMS,INC.(A Atetawater Company)
Page 2 of 2
QUALIFIED ACCEPTANCE AND INDEMNITY
In the event the acceptance of this proposal by Buyer either is contingent upon or subject to the approval by any third parry such as,but not limited to,
a consulting engineer,with respect to goods,pans,materials,descriptive data,drawings,calculations,or ally other matter,then upon such approval by
any third party,Aqua-Aerobic Systems,Inc.shall have no liability to Buyer or to any third party so long as the goods sold and delivered by Aqua-
Aerobic Systems,Inc.conform to this proposal. In the event any such third party requires modifications in the proposal prior to the approval thereof,
Aqua-Aerobic Systems,Inc.may at its sole option and without liability to any party elect to cancel this proposal or return the purchase order to Buyer
In the event Aqua-Aerobic Systems,Inc.elects to modify this proposal to conform to the requirements for approval by any third party,Aqua-Aerobic
Systems,Inc,in such event shall have no liability to Buyer or to any third parry so long at the goods sold and delivered by Aqua-Aerobic Systems,
Inc.conform to this proposal is modified.
Buyer agrees to indemnity and save harmless Aqua-Aerobic Systems,Inc.from and against all costs and expenses and liability of any kind
whatsoever arising out of or in connection with claims by third parties so long as the goods sold hereunder conform to the requirements of this
proposal as approved by any third party.
WARRANTY;LIMITATION OF LIABILITY;AND DISCLAIMER
In return for purchase and full payment for Aqua-Aerobic Systems,Inc.goods,we warrant new goods provided by us to be free from defects in
materials and workmanship under normal conditions and use for a period of one year from the date the goods are put into service,or eighteen months
from date ofshipment(whichever first occurs). If the goods include an"F.ndura Series"motor,the complete Endura Series unit shall be warranted by
Aqua-Aerobic to be free from defects in materials and workmanship under normal conditions and use for three years from the date the product is put
into service or 42 months from the date of shipment(whichever occurs first).
OUR OBLIGATION UNDER THIS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing(at our factory
at Loves Park,Illinois)any pan or parts returned to our factory with transportation charges prepaid,and which our examination shall show to have
been defective.Prior to return of any goods or its pans to our factory,Buyer shall notify Aqua-Aerobic Systems,Inc.of claimed defect,and Aqua-
Aerobic Systems,Inc.shall have the privilege of examining the goods at Buyer's place of business at or where the goods have otherwise been placed
in service In the event this examination discloses no defect,Buyer shall have no authority to return the goods or parts to our factory for the further
examination or repair.All goods or parts shall be returned to Buyer,F.O.B Loves Park,Illinois "this warranty shall not apply to any goods or part
which has been repaired or altered outside our factory,or applied,operated or installed contrary to our instruction,or subjected to misuse,chemical
attack/degradation,negligence or accident.This warranty and any warranty and guaranty of process or performance shall no longer be applicable or
valid if any product,including any software program,supplied by Aqua-Aerobic Systems,Inc.,is modified or altered without the written approval of
Aqua-Aerobic Systems,Inc Our warranty on accessories and component pans not manufactured by us is expressly limited to that of the manufacturer
thereof
THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,AND OF
ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART,INCLUDING ANY LIABILITY FOR NEGLIGENCE,
STRICT LIABILITY,OR OTHERWISE;AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED;AND WE EXPRESSLY DENY THE RIGHT OF ANY
OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF
ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS
SPECIFICALLY STATED OTHERWISE.
UNDER NO CIRCUMSTANCES,INCLUDING ANY CLAIM OF NEGLIGENCE,STRICT LIABILITY,OR OTHERWISE,
SHALL AQUA-AEROBIC SYSTEMS,INC.BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
COSTS OF CONNECTING,DISCONNECTING,OR ANY LASS OR DAMAGE RESULTING FROM A DEFEC-I'IN THE
GOODS. LIMIT OF LIABILITY: AQUA-AEROBIC SYSTEMS,INC.'S TOTAL LIABILITY UNDER THE ABOVE
WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET
FORTH HEREIN ARE EXCLUSIVE,AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE,OR
ANYTHING DONE IN CONNECTION THEREWITH,WHETHER IN CONTRACT,IN TORT,UNDER ANY
WARRANTY,OR OTHERWISE,SHALL.NOT,IN ANY CASE,EXCEED THE PRICE OF THE GOODS UPON WHICH
SUCH LIABILITY IS BASED.
Final acceptance of this proposal must be given to Aqua-Aerobic Systems, Inc.at their office in Loves Park. Illinois. Please
acknowledge acceptance by signing the proposal and returning it to Aqua-Aerobic Systems.Inc.
Accepted by: Offer Respectfully Submitted,
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Aqua-Aerobic Systems,Inc.
6306 N Alpine Rd Loves Park IL 61111-7655 p 815 654 2501 1815 654 2508 www.aqua-aarobic_com
Copyright 2023,Aqua-Aerobic Systems,Inc Printed:July 11,2023 Page 8 of 8
Aqua-Aerobic Systems, Inc. A A(1IA EMR INC,
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Exceptions/Clarifications Document: 6/28/23
Project: BRUSHY CREEK REGIONAL WWTP
1) Reference:General
General
Aqua's Exception/Clarification
Please note that only the provided specification sections and drawings have been considered while
preparing our proposal. Referenced divisions and sections and/or drawings that have not been
provided to us have not been reviewed.
2) Reference: Drawing G-011 and Section 46 6141
Filter basin water level
Aqua's Exception/Clarification
Aqua MegaDisk backwash initiate level will be 13.17'above the floor.
3) Reference: Drawing PID-002
Pressure indicator
Aqua's Exception/Clarification
Please note pressure indication will be provided on suction side of the abckwash pump in lieu of
discharge as shown.
4) Reference:Section 46 61 41
1.2.A.1 "EQUIPMENT SUPPLIER submitting a proposal shall furnish, as a part of his proposal,the
Submittal Data requirements"
Aqua's Exception/Clarification
Submittal data will be provided at submittal time.
5) Reference:Section 46 6141
1.4.A.8. "Each filter unit shall have a constant speed backwash pump..."
Aqua's Exception/Clarification
The included backwash pumps will operate at variable speed.
6) Reference:Section 46 61 41
1.4.A.9. "...Backwash cycles between the two filter units will be staggered."
Aqua's Exception/Clarification
Backwashes will be staggered whenever possible, although as flows/loads approach design
conditions, backwashes of filters may overlap.
7) Reference:Section 46 61 41
Aqua-Aerobic Systems,Inc./Printed On: 6/28/2023 6:20:28PM Page 1 of 2
Aqua-Aerobic Systems, Inc.
Exceptions/Clarifications Document: 6/28123
Project: BRUSHY CREEK REGIONAL WWTP
1.4.13.2. "Peak flow conditions must be met with one complete disk out of service."
Aqua's Exception/Clarification
This is not representative of the Aqua MegaDisk design.
8) Reference:Section 46 6141
2.3.D.3. "...and rated for 130 gpm..."
Aqua's Exception/Clarification
The backwash pump will operate at 782 gpm at 58.3'TDH with 34.3'of available discharge head after
accounting for suction losses.
9) Reference:Section 46 61 41
2.3.E.3. "Two drop pipes..."
Aqua's Exception/Clarification
There is only 1 connection to solids waste manifold.
10) Reference:Section 46 6141
2.3.F.1.
"b. Drive sprocket: UV resistant cast Nylon
c. Drive chain with pins and chain guard: UHMW
d. Snap idler"
Agua's Exception/Clarification
Drive sprocket is 316 stainless steel and drive chain is 15-5 PH stainless steel. No snap idler is
required and so that item will not be provided.
Aqua-Aerobic Systems,Inc./Printed On: 6/28/2023 5:20:28PM Page 2 of 2
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