HomeMy WebLinkAboutR-2009-028 Eimco Water Technologies Sole Source / Penn Valley Pump / DAFTRESOLUTION No. R-2009-28
A RESOLUTION authorizing a sole source procurement between the City of Yakima and
Eimco Water Technologies LLC and Penn Valley Pump Co. Inc. to
purchase A DAFT Unit and Double Disc Pump respectively without Bids.
WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima
Municipal Code Chapter 1.80 generally require that purchases over $25,000 be done by
competitive bidding, subject to certain exceptions; and
WHEREAS, pollution control facilities are govemed by a specific statute allowing for the
acquisition of equipment in the sole source discretion of the goveming body pursuant to RCW
70.95A.090; and, a "sole source" exception from competitive bid requirements is utilized
when, due to unique specifications and requirements, it is less costly and more efficient to
proceed as an altemate to competitive bidding; and
WHEREAS, the City of Yakima Wastewater Division requires the purchase of a new
DAFT Unit and double disc pump; and
WHEREAS, Eimco Water Technologies LLC is the original supplier of the standardized
DAFT Unit to be replaced and Perin Valley Pump Co. supplies a pump that can serve two functions
as required; and
WHEREAS, for operational and monetary reasons replacement of the original DAFT
Unit with a compatible system (Model BRW Rotator -Thickener, 45 ft diameter) from Eimco
Water Technologies LLC. provides the following advantages:
9 Replacement with a standardized compatible model from the same company eliminates
the need to change out additional ancillary devices such as; drive control panels,
recycling piping, pressurization system, air compressors, interconnecting piping
mounting hardware and anchors.
o The ancillary equipment we currently have would not be able to be utilized with a DAFT
unit other than an Eimco unit.
• Purchasing from Eimco assures a product that fits our current system without
modification to our piping or process controls; and
WHEREAS, for operational reasons purchasing a double disc pump (Model 6DDSX76
wNFD) from Penn Valley Pump for the DAFT process is for the following reasons:
o The pump is required for a back-up thickening process when the DAFT is not in use.
O The pump, when added to the DAFT unit process, provides two functions.
o The pump ensures a consistent rate of feed from the DAFT to the existing centrifuge
and, conveys thickened solids to the digestors.
• Only one pump is necessary rather than purchasing two.
• The pump is being used on a trial basis to determine if it performs both functions
adequately.
o Based on successful completion of the trial, purchase may then take place; and
WHEREAS, Eimco Water Technologies LLC. Can supply Model BRW Flotator-
Thickener,
45 ft diameter to the City for approximately $325,000 and Penn Valley Pump Co. Inc. can
supply the required double disc pump for approximately $31,000; and
WHEREAS, the City Council finds that it is in the best interest of the City to
authorize the purchase of services from Eimco Water Technologies LLC. and Penn Valley
Pump Co. Inc. as a sole source purchases without calling for bids, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a sole source procurement without
calling for bids, whereby Eimco Water Technologies LLC. and Penn Valley Pump Co. Inc.
agree to sell said Model BRW Flotator-Thickener, 45 ft diameter and Model 6DDSX76 wNFD,
respectively, to the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 3rd day of February, 2009.
A
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ATTEST:
EQUIPMENT PURCHASE AND PROFESSIONAL SERVICES AGREEMENT
CITY OF YAKIMA AND EIMCO WATER TECHNOLOGIES
THIS EQUIPMENT AND PROFESSIONAL SERVICES AGREEMENT (hereinafter
"Agreement") is made and entered into by and between the City of Yakima, a Washington
municipal corporation (hereinafter the "City") and EIMCO Water Technologies (the
"Contractor"), Salt Lake City, Utah.
WHEREAS, the City desires to engage the Contractor to sell waste treatment
equipment and provide specific services; and
WHEREAS, the Contractor has the experience and expertise necessary to provide
said equipment and is willing to provide such services in accordance with the terms and
conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises. and
agreements set forth herein, it is agreed by and between the City and the Contractor as
follows:
1. Scope of Services. The Contractor shall provide the equipment and services
described in the Contractor's Proposal No. Q063008 — TBM — Rev. 1, dated February 6,
2009, pages 1-10, attached, marked Exhibit "A" and incorporated by this reference.
2. Term. The term of this Agreement shall commence upon execution hereof and
shall continue until the services set forth in Section 3 is provided.
3. Consideration.
The City and the Contractor agree the City shall pay the Contractor for the
equipment and specific services rendered hereunder as follows:
a. Two hundred and ninety six thousand three hundred and forty dollars ($296,340)
for the equipment listed on pages 2 to 3 of the proposal, attached, marked Exhibit "A" and
incorporated by this reference, in accordance with the pricing and payment terms provided
on pages 4 to 5 of Exhibit "A".
b. Field Service, as determined by the City, provided on pages 5 and 10 of Exhibit
The City and the Contractor further agree the terms of the Proposal, pages 8 and 9
of Exhibit "A", are additional provisions in this Agreement.
4. Information Provided by the City and the Contractor. The Contractor shall
provide guidance to the City in determining the data required for purposes of the
contemplated equipment and services. The City agrees to use reasonable efforts to provide
data and information specifically requested by the Contractor.
5. Status of Contractor. The Contractor and the City understand and expressly agree
that the Contractor is an independent contractor in the performance of each and every part
of this Agreement. No officer, employee, volunteer, and/or agent of Contractor shall act on
behalf of or represent him or herself as an agent or representative of the City. The
Page 1 of 5
Equipment Purchase and Professional Service Agreement
City of Yakima - EIMCO
Contractor, as an independent contractor, assumes the entire responsibility for carrying out
and accomplishing the services required under this Agreement. The Contractor expressly
represents, warrants and agrees that its status as an independent contractor in the
performance of the work and service required under this Agreement is consistent with and
meets the six -part independent contractor test set forth in RCW 51.08.195. The Contractor
and its officers, employees, volunteers, agents and/or subcontractors shall not make any
claim of City employment nor shall make any claim against the City for any related
employment benefits, social security and/or retirement benefits. Nothing contained herein
shall be interpreted as creating a relationship of servant, employee, partnership or agency
between the Contractor and the City.
6. Inspection and Audit. The Contractor shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Agreement in accordance with generally accepted accounting
practices. All such books of account and records required to be maintained by this
Agreement shall be subject to inspection and audit by representatives of the City and/or the
Washington State Auditor at all reasonable times, and the Contractor shall afford the proper
facilities for such inspection and audit. Such books of account and records may be copied
by representatives of the City and/or the Washington State Auditor where necessary to
conduct or document an audit. The Contractor shall preserve and make available all such
books of account and records for a period of three (3) years after final payment under this
Agreement.
7. Taxes and Assessments. The Contractor shall be solely responsible for
compensating his employees, agents and/or subcontractors and for paying all related taxes,
deductions, and assessments, including but not limited to federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other deductions
from income which may be required by law or assessed against either party as a result of
this Agreement. In the event the City is assessed a tax or assessment as a result of this
Agreement, the Contractor shall pay the same before it becomes due.
8. Compliance with Law. The Contractor agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local or otherwise.
9. No Conflict of Interest. The Contractor covenants that neither he nor his
employees have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement. The
Contractor further covenants that it will not hire anyone or any entity having such a conflict
of interest during the performance of this Agreement.
10. No Insurance. It is understood the City does not maintain liability insurance for the
Contractor and its officers, directors, employees and agents.
11. Indemnification.
a. The Contractor agrees to hold harmless, indemnify and defend the City, its
elected officials, officers; employees and agents from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's
Page 2 of 5
Equipment Purchase and Professional Service Agreement
City of Yakima - EIMCO
fees) which result from or arise out of the negligence of the Contractor, its officers, agents,
employees or subcontractors in connection with or incidental to the performance or non-
performance of this Agreement.
b. In the event that both the Contractor and the City are negligent, each party shall
be liable for its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees)
c. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the Contractor's immunity under Washington's Industrial Insurance Act, RCW Title
51, as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the Contractor's
employees. The parties acknowledge that these provisions were specifically negotiated and
agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
e. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
12. Delegation of Professional Services. The services provided for herein shall be
performed by the Contractor and no person other than regular associates or employees of
the Contractor shall be engaged upon such work or service except upon written approval of
the City.
13. Assignment. This Agreement, or any interest herein or claim hereunder, shall not
be assigned or transferred in whole or in part by the Contractor to any other person or entity
without the prior written consent of the City. In the event that such prior written consent to
an assignment is granted, then the assignee shall assume all duties, obligations and
liabilities of the Contractor stated herein.
14. Waiver of Breach. A waiver by either party hereto of a breach by the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the party
not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or
right.
15. Severability. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and
effect.
16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
Page3of5
Equipment Purchase and Professional Service Agreement
City of Yakima - EIMCO
TO CITY:
Richard A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: EIMCO Water Technologies
4255 Lake Park Blvd., Suite 100
Salt Lake City, Utah 84120
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered.
Such notices shall be deemed effective when mailedor hand delivered at the addresses
specified above.
17. Third Parties. The City and the Contractor are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give, or shall be construed to give or provide any right or benefit, whether
directly or indirectly or otherwise, to third persons.
18. Drafting of Agreement. Both the City and the Contractor have participated in the
drafting of this Agreement. As such, it is agreed by the parties that the general contract rule
of law that ambiguities within a contract shall be construed against the drafter of a contract
shall have no application to any legal proceeding, arbitration and/or action in which this
Agreement and its terms and conditions are interpreted and/or enforced.
19. Integration. This Agreement and Exhibit "A" constitute the entire Agreement
between the City and the Contractor. There are no other oral or written agreements
between the parties as to the subjects covered herein. No changes or additions to this
Agreement shall be valid or binding upon either party unless such change or addition be in
writing and executed by both parties.
20. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
22. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
Page 4 of 5
Equipment Purchase and Professional Service Agreement
City of Yakima - EIMCO
CITY OF YAKIMA
By:
Date: '3 —/ 7 — Z6v` '
ATTR, T:
isHING=
t "ontract No. ".409'-b3o5- Date: 3/23/0?
Clerk
EIMCO Water Technologies
By:
Date:
G7-23 =Looq
City Resolution No. /P o?OD9'-,o?8
Page5of5
Equipment Purchase and Professional Service Agreement
City of Yakima - EIMCO
EIMCO
WATERTECHNOLOGIES
Exhibit "A"
Proposal No. Q 063008 — TBM — Rev. 1
Proposal Date: February 6, 2009
Page 1 of 10
PREPARED FOR
Yakima Regional Wastewater Treatment Facility
2220 East Viola Street
City of Yakima, WA. 98901
Attn: Steve Brown
(509) 249-6821 Phone
(509) 575-6116 Fax
jbrownAci.vakima.wa.us
AREA REPRESENTATIVE
Beaver Equipment Specialty Company, Inc.
Kenmore, WA. 98028
Nik Quesnell
(425) 398-8082
nikq(abeaver-equipment.com
PROJECT
Replacement Components for an EIMCO Water Technologies (EWT)
Model BRW Flotator - Thickener S/N 22729-01
in existing 45' diameter basin.
PREPARED BY
EIMCO Water Technologies
4255 Lake Park Blvd. • Suite 100
Salt Lake City, Utah 84120
Todd B. Morris
Phone (801) 931-3047
Fax (801) 931-3090
Todd.Morris(a,glv.com
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3047 • Fax: (801) 931.3080
www.glv.com
EIMCC
WATERTECHNOLOGIES
Proposal No. Q 063008 — TBM — Rev. 1
Proposal Date: February 6, 2009
Page 2 of 10
PROJECT SUMMARY:
EIMCO Water Technologies (EWT) is pleased to provide the following proposal to provide new Model
BRW Flotator — Thickener refurbishment components and one (1) Model W24P replacement drive unit
for the existing 45' diameter EIMCO Flotator, Serial Number 22729-01 installed in 1980.
Replacement Drive Unit:
EWT will manufacture and supply one (1) new W24P drive mechanism to include the following:
✓ Basic W24P drive with precision bearing (rated at 8,000 ft. lbs. torque, as original)
✓ Drive torque control assembly
✓ Motor drive components (i.e. ex -proof 1.5 HP motor, reducer, sprockets, chain and guard)
✓ Standard EWT paint scheme; two (2) coats Tnemec 161-26BL 8.0 mil total DFT
✓ Ground freight to an accessible point nearest the Yakima, WA. job site
✓ Engineering
✓ Operation and maintenance manual
Flotator — Thickener Refurbishment Parts include:
o One (1) Float Box constructed of /4" plate steel.
o One (1) Baffle section at Float Box constructed of /4" plate steel.
o Seven (7) Baffle sections around tank constructed of /4" plate steel.
o Set of mounting clips for Baffle and Tank constructed of 1/4" plate steel.
o One (1) Center Column / Feedwell constructed of /4" plate steel.
o One (1) lower section Feedwell Cover constructed of /4" plate steel.
o One (1) Drive / Adapter Shaft constructed of Schedule 40 — 10" pipe.
o Two (2) Rake Arms — triangle truss type, constructed of 1/4" steel.
o One (1) lower Recycle pipe support constructed of /4" steel.
o Three (3) Scraper Blades constructed of /4" plate steel.
o One (1) Inner Scraping Blade constructed of /4" plate steel.
o Two (2) Bearing Rings constructed of 3/6" plate steel.
o Two (2) Angle Rings constructed of /4" plate steel.
o Six (6) Squeegee Assemblies constructed of 304 stainless steel.
o One (1) Squeegee Assembly constructed of 304 stainless steel.
o Eight (8) Skimmer Assemblies constructed of steel, aluminum and neoprene.
o Eight (8) Roller Assemblies constructed of steel.
o Eight (8) Weir Assemblies constructed of /4" FRP.
o Eight (8) Skimmer Arms constructed of Schedule 40 — 4" pipe.
o Eight (8) Skimmer Arm U -bolt assemblies constructed of steel.
o Set fasteners for above components in 304 stainless steel.
o Fabricated steel to have SSPC-SP-6 metal prep with (1) coat prime and (2) coats finish paint.
o Freight to jobsite.
o Services of an Authorized Field Service Technician onsite for two (2) days from two (2) trips.
Pricing for drive and components listed above $ 296,340.°°
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake.Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3047 • Fax: (801) 931-3080
www.glv.com
EIMCC
Proposal No. Q 063008 — TBM — Rev. 1
Proposal Date: February 6, 2009
WATERTECHNOLOGIES Page 3of10
Items NOT included:
We do not include:
• Replacement of existing bridge, walkway, or access platform structure including handrailing.
• Replacement of existing FRP cover or any of its attachment / mounting hardware.
• Replacement of existing Recycle Piping, connection or fittings.
• Replacement of existing control panels, starters, VFDs, electrical devices or systems.
• Replacement of ancillary systems, i.e. pressurization system, tanks, valves, etc.
• Replacement of existing concrete anchors or cast -in-place mounting lugs.
• Installation, demolition or erection services.
• Draining, cleaning, coating and filling of tank.
• Lubrication for drive units.
• Electrical connections or disconnection.
• Over -time work hours.
• Disposing of old debris.
EWT serviceman to be on site during initial assembly for inspection and start-up is estimated at (1) day
per trip with two (2) trips planned. Two (2) days travel is required. Price includes all travel and
miscellaneous expenses.
PRICING SUMMARY:
NEW DRIVE AND REFURBISHMENT PARTS ..$ 296,340.00
DELIVERY
EWT intends to ship all Products 28 weeks after receipt of approved drawings from Purchaser.
However, the date of shipment of the Products represent EWT's best estimate, but is not
guaranteed, and EWT shall not be liable for any darnages due to late delivery. The Products
shall be delivered to the delivery point or points in accordance with the delivery terms stated in
this proposal. If such delivery is prevented or postponed by reason of Force Majeure, as
defined in EWT's standard terms and conditions of sale, EWT shall be entitled at its option to
tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser's
acceptance of delivery, to cause the Products to be stored at such a point or points of
manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute
delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or
due to delay in receipt of shipping instructions, payment of the purchase price shall be due on
notice from EWT that the Products are ready, for shipment. Handling, moving, storage,
insurance and other charges thereafter incurred by EWT with respect to the Products shall be
for the account of Purchaser and shall be paid by Purchaser when invoiced.
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3047 • Fax: (801) 931-3080
www.gly com
EIMCC
WATERTECHNOLOGIES
PRICING TERMS
Proposal No. Q 063008 — TBM — Rev. 1
Proposal Date: February 6, 2009
Page 4 of 10
The prices quoted are based upon Purchaser's acceptance of this proposal, through the
submission of a purchase order or other written acceptance, being placed no later than 45 days
after date of bid opening. After expiration of the pricing effectivity period, prices will be
subject to review and adjustment. Prices quoted are FOB surface point of shipment, with
freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or
other taxes are not included in the sales price.
PRICE ESCALATION
The prices submitted are based upon Purchaser's acceptance of this proposal by March 23, 2009.
If the above indicated order date is exceeded, prices and shipping dates are subject to review and
adjustment. Should shipment dates be exceeded because of customer action, escalation of the
selling prices at the rate of 1.5% per month for each month or partial month of delay will be
applied. This escalation will be applied only if shipment is delayed by the customer.
In addition, due to fluctuating material costs, the prices quoted in this proposal may be adjusted at
the time of delivery. Only additional unit material costs will be transferred to the purchaser.
PAYMENT TERMS
Payment terms are:
Ninety percent (90%) net cash upon shipment of major Product items; and
Ten percent (10%) upon the earlier of (a) Product startup and (b) one hundred eighty (180) days after
completion of shipment.
Credit is subject to acceptance by the EWT Credit Departrnent.
Purchaser shall remit payment for proper invoices received from EWT in accordance with the payment
terms stated above even if the Purchaser has not been paid by the Purchaser's customer (the "Owner"),
if Purchaser is not the end-user of the Products. Payrnents are due within thirty (30) days after
Purchaser's receipt of invoice. Overdue and unpaid invoices are subject to a service charge of 2% per
month until paid.
If Purchaser requests or causes cancellation, suspension or delay of EWT's work, Purchaser shall
accept transfer of title and pay EWT all appropriate charges incurred up to date of such event plus
EWT's overhead and reasonable profit. Additionally, all charges related to and risks incidental to
storage, disposition and/or resumption of work shall be borne solely by Purchaser. Full payment
for all work shall be due and payable thirty (30) days from the date work is placed into storage.
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel. (801) 931-3047 • Fax. (801) 931-3080
www.glv.com
EIMCO
WATERTECHNOLOGIES
TAXES
Proposal No. Q 063008 — TBM — Rev. 1
Proposal Date: February 6, 2009
Page 5 of 10
Federal, State or local sales, use or other taxes are not included in the sales price. Such taxes, if
applicable, shall be for Purchaser's account.
BACKCHARGES
In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or
material or incur any expense for the account of EWT, nor shall EWT be responsible for such
work or expenses, until after Purchaser/Owner has provided EWT's PROJECT MANAGER full
details (including estimate of material cost and amount and rate of labor required) of the work,
services, material or expenses, and EWT has approved the same in writing. EWT will not accept
Products returned by Purchaser/Owner unless EWT has previously accepted the return in writing
and provided Purchaser/Owner with shipping instructions.
i* *PURCHASE ORDERW SUB MISSION*"i
In an effort to ensure all purchase orders are processed timely and efficiently, please submit all
purchase order documentation to the following department and address:
Attn: Order Entry Administrator
Eimco Water Technologies, LLC
4255 Lake Park Blvd., Suite 100,
Salt Lake City, Utah 84120
Fax #: 801-931-3090
Tel. #: 801-931-3000
FIELD SERVICE
This proposal does include the services of a qualified service engineer for the following:
Two (2) Days onsite / Two (2) visits
Additional service days can be purchased at the current rate.
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3047 • Fax: (801) 931-3080
www.glv.com
EIMCO
WATERTECHNOLOGIES
ADDITIONAL FIELD SERVICE
Proposal No. Q 063008 — TBM — Rev. 1
Proposal Date: February 6, 2009
Page 6 of 10
When included and noted in the Product pricing of each proposal item, EWT will supply the service of
a competent field representative to inspect the completed installation and adjustment of equipment,
supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each
proposal item for the number of eight (8) hour days. Notwithstanding EWT's performance of the
above -referenced services, EWT shall not be held liable for any faulty workmanship or other defects
in the Products' installation, or for other goods and/or services, performed by third parties unless such
goods and/or services are expressly included under EWT's scope of work.
If additional service is required, it will be furnished to the Purchaser and billed to him at the current
rate for each additional day required, plus travel and lodging expenses incurred by the service
personnel during the additional service days.
It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior
to placing equipment in operation. All equipment must be in operating condition and ready for the
Field Service Engineer when called to the project location. Should the Contractor not be ready when
the Field Service Engineer is requested or if additional service is requested, the EWT current service
rates will apply for each additional day required, plus travel and lodging expenses incurred by the
service personnel during the additional service days.
SURFACE PREPARATION AND PAINTING GENERAL INFORMATION
If painting the Products is included under EWT's scope of work, such Products shall be painted in
accordance with EWT's standard practice. Shop primer paint is intended to serve only as minimal
protective finish. EWT will not be responsible for condition of primed or finished painted surfaces
after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper
preparation and application prior to shipment. EWT assumes no responsibility for field service
preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to
painted surfaces will be by Purchaser's painting contractor after mechanism erection.
Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's
standard primer paint only.
It is our intention to ship major steel components as soon as fabricated, often before drives, motors
and other manufactured components. Unless you can insure that shop primed steel shall be field
painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these
components in the bare metal (no surface prep nor primer) condition.
EWT cannot accept responsibility for rusting or deterioration of shop applied prime coatings on
delivered equipment if the primed surfaces have not been field painted within thirty (30) days of
arrival at the jobsite using manufacturers' standard primers. Other primers may have less durability.
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3047 • Fax: (801) 931-3080
www.glv.com
EIMCO
WATERTECHNOLOGIES
GENERAL ITEMS NOT INCLUDED
Proposal No. Q 063008 — TBM — Rev. 1
Proposal Date: February 6, 2009
Page 7 of 10
Unless specifically and expressly included above, prices quoted by EWT do not include
unloading, hauling, erection, installation, piping, valves, fittings, stairways,ladders, walkways,
grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field
painting, oil or grease, electrical controls, wiring, mounting hardware, welding, weld rod, shims,
leveling plates, protection against corrosion due to unprotected storage, special engineering, or
overall plant or system operating instructions or any other products or services.
MANUALS
The content of any and all installation, operation and maintenance or other manuals or documents
pertaining to the Products are copyrighted and shall not be modified without the express prior
written consent of EWT. EWT disclaims any liability for claims resulting from unauthorized
modifications to any such manuals or other documents provided by EWT in connection with the
Project.
WARRANTY AND CONDITIONS
EWT standard Terms and Conditions of Sale, QFORMEWT 0115-02031 is attached and made an
essential part of this proposal. These terms and conditions are an integral part of EWT's offer of
Products and related services and replace and supersede any terns and conditions or warranty
included in Purchaser or Owner requests for quotation or specifications and cannot be changed
without written approval from an authorized representative of EWT.
CONFIDENTIALITY
The contents of this proposal are confidential and shall be used by Purchaser and/or Owner only
for the purpose of evaluating EWT's offer of goods and services in connection with the Project.
Purchaser/Owner shall not disclose the contents of this proposal to any third party without the
prior written consent of EWT.
Attachments:
EWT General Terms and Conditions, QFORMEWT 0115-02031 Rev H
EWT 2008 North American Field Service Rate Schedule
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3047 • Fax. (801) 931-3080
www.glv.com
EEIMCO
WATERTECHNOLOGIES
1 ACCEPTANCE. The proposal of EIMCO WATER TECHNOLOGIES, LLC
("SELLER"), as well as these terms and conditions of sale (collectively the
"Agreement"), constitutes SELLER's contractual offer of goods and services,
and SELLER's acceptance of this offer is expressly limited to the terns of the
Agreement. The scope and terms and conditions of the Agreement represent the
entire offer by SELLER and supersede all prior solicitations, discussions,
agreements, understandings and representations between the parties. Any scope
or terns and conditions included in PURCHASER's acceptance/purchase order
that are in addition to or different from the Agreement are hereby rejected.
2. DELIVERY Any statements relating to the date of shipment of the Products
(as defined below) represent SELLERS best estimate, but is not guaranteed, and
SELLER shall not be liable for any damages due to late delivery The Products
shall be delivered to the delivery point or points in accordance with the delivery
terms stated in SEI,LER's proposal. If such delivery is prevented or postponed
by reason of Force Majeure (as defined below), SELLER shall be entitled at its
option to tender delivery to PURCHASER at the point or points of manufacture,
and in default of PURCHASER's acceptance of delivery to cause the Products to
be stored at such a point or points of manufacture at PURCHASERS expense.
Such tender, if accepted, or such storage, shall constitute delivery for all
purposes of this agreement. If shipment is postponed at request of
PURCHASER, or due to delay in receipt of shipping instructions, payment of
the purchase price shall be due on notice from SELLER that the Products are
ready for shipment. Handling, moving, storage, insurance and other charges
thereafter incurred by SELLER with respect to the Products shall be for the
account of PURCHASER and shall be paid by PURCHASER when invoiced.
3 TITLE AND RISK OF LOSS SELLER shall retain the fullest right, title, and
interest in the Products to the extent permitted by applicable law, including a
security interest in the Products, until the full purchase price has been paid to
SELLER The giving and accepting of drafts, notes and/or trade acceptances to
evidence the payments due shall not constitute or be construed as payment so as
to pass SELLER's interests until said drafts, notes and/or trade acceptances are
paid in full. Risk of loss shall pass to PURCHASER at the delivery point.
4 PAYMENT TERMS. SELLER reserves the right to ship the Products and be
paid for such on a pro rata basis, as shipped. Payments not made in accordance
with this Agreement are subject to a service charge of two percent (2%) per
month until paid.
5 TAXES. Unless otherwise specifically provided in SELLER's
quotation/proposal; PURCHASER shall reimburse SELLER, in addition to the
price, for all sales, use and other taxes, excises and charges which SELLER may
pay or be required to pay to any government directly or indirectly in connection
with the production, sale, transportation, and/or use by SELLER or
PURCHASER, of any of the Products or services dealt with herein (whether the
same maybe regarded as personal or real property). PURCHASER agrees to pay
all property and other taxes which may be levied, assessed or charged against or
upon any of the Products on or after the date of actual shipment, or placing into
storage for PURCHASER'S account.
6 MECHANICAL WARRANTY Solely for the benefit of the ORIGINAL
USER, SELLER warrants that new equipment and parts manufactured by it and
provided to the ORIGINAL USER (collectively, "Products") shall be free from
defects in material and workmanship. The warranty period shall be twelve
months from startup of the equipment not to exceed eighteen months from
shipment. If any of SELLER'S Products fail to comply with the foregoing
warranty, SELLER shall repair or replace free of charge to ORIGINAL USER,
EX WORKS SELLER'S FACTORIES or other location that SELLER
designates, any Product or parts thereof returned to SELLER, which examination
shall show to have failed under normal use and service operation by the
ORIGINAL USER within the Warranty Period; provided, that if it would be
impracticable for the Product or part thereof to be returned to SELLER,
SELLER will send a representative to the ORIGINAL USER's job site to inspect
the Product. If it is determined after inspection that SELLER is liable under this
warranty to repair or replace the Product or part thereof, SELLER shall bear the
cost of returning the Product to SELLER for inspection or sending its
Proposal No. Q 063008 — TBM — Rev. 1
Date: February 6, 2009
Page 8 of 10
10 SET OFF This agreement shall be completely independent of all other
contracts between the parties and all payments due to SELLER hereunder shall be
paid when due and shall not be setoff or applied against any money due or claimed
to be due from SELLER to PURCHASER on account of any other transaction or
claim.
11 SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable
license to use any information processing program supplied by SELLER with the
Products. PURCHASER acknowledges that such programs and the information
contained therein is Confidential Information and agrees: a) not to copy or
duplicate the program except for archival or security purposes, b) not to use the
program on any computer other than the computer with which it is supplied; and c)
to limit access to the program to those of its employees who are necessary to permit
authorized use of the program. PURCHASER agrees to execute and be bound by
the terms of any software license applicable to the Products supplied.
12. PATENT INDEMNITY SELLER will defend at its own expense any suit
instituted against PURCHASER based upon claims that SELLER's Product
hereunder in and of itself constitutes an infringement of any valid apparatus claims
of any Canadian or United States patent issued and existing as of the date of this
Agreement, if notified promptly in writing and given all information, assistance,
and sole authority to defend and settle the same, and SELLER shall indemnify the
PURCHASER against such claims of infringement. Furthermore, in case the use of
the Products is enjoined in such suit or in case SELLER otherwise deems it
advisable, SELLER shall, at its own expense and discretion, (a) procure for the
PURCHASER the right to continue using the Products, (b) replace the same with
non -infringing Products, (c) modify the Product so it becomes non -infringing, or
(d) remove the Products and refund the purchase price less freight charges and
depreciation. SELLER shall not be liable for, and PURCHASER shall indemnify
SELLER for, any claim of infringement related to (a) the use of the Products for
any purpose other than that for which it was furnished by SELLER, (b) compliance
with equipment designs not furnished by SELLER or (c) use of the Products in
combination. with any other equipment. The foregoing states the sole liability of
SELLER for patent infringement with respect to the Products.
13 ERAL MNIT ' CHASER s rotect and indemnify
LER,its- rent and t espective o' directors, emp a ents,
from against a ..ims, dema . • • d causes o a • sserted by any entity
the extentRurchaser's _ence or wi misconduct in cr ion with this
Agreement.
14 DEFAULT, TERMINATION In the event that PURCHASER becomes
insolvent, commits an act of bankruptcy or defaults in the performance of any term
or condition of this Agreement, the entire unpaid portion of the purchase price
shall, without notice or demand, become immediately due and payable. SELLER at
its option, without notice or demand, shall be entitled to sue for said balance and for
reasonable legal fees, plus out-of-pocketexpenses and interest; and/or to enter any
place where the Products are located and to take immediate possession of and
remove the Products, with or without legal process; and/or retain all payments
made as compensation for the use of the Products: and/or resell the Products,
without notice or demand, for and on behalf of the PURCHASER, and to apply the
net proceeds from such sale (after deduction from the sale price of all expenses of
such sale and all expenses of retaking possession, repairs necessary to put the
Products in saleable condition, storage charges, taxes, liens, collection and legal
fees and all other expenses in connection therewith) to the balance then due to
SELLER for the Products and to receive from the PURCHASER the deficiency
between such net proceeds of sale and such balance. PURCHASER hereby waives
all trespass, damage and claims resulting from any such entry, repossession,
removal, retention, repair, alteration and sale. The remedies provided in this
paragraph are in addition to and not limitations of any other rights of SELLER.
15 CANCELLATION PURCHASER may terminate this Agreement for
convenience upon notifying SELLER in writing of such fact and paying SELLER
for all costs and expenses (including overhead) incurred by it in performing its
work and closing out the same plus a reasonable profit thereon.
16 ENTIRE AGREEMENT SELLER's proposal, these terms and conditions and
any conditions agreed to in writing by the Parties embody the entire understanding
PROPOSAL
EIMCO Water Technologies
4255 Lake Park Blvd. • Salt Lake City; Utah 84120 USA
Tel: (801) 931-3000 • Fax: (801) 931-3080
www.gly/eimcowater.com
EIMCO
WATERTECHNOLOGIES
representative to the job site; however, if it is determined after inspection that
SELLER is not liable under this warranty, the ORIGINAL USER shall pay those
costs. For SELLER to be liable with respect to this warranty, the ORIGINAL
USER must make its claims to SELLER with respect to this warranty in writing
no later than thirty (30) days after the date the ORIGINAL USER discovers the
basis for its warranty claim and in no event more than thirty (30) days after the
expiration of the Warranty Period. In addition to any other limitation or
disclaimer with respect to this warranty, SELLER shall have no liability with
respect to any of the following: i. failure of the Products, or damages to them.
due to ORIGINAL USER's negligence or willful misconduct, abuse or improper
storage, installation, application or maintenance (as specified in any manuals or
written instructions that SELLER provides to the PURCHASER); ii. any
Products that have been altered or repaired in any way without SELLER'S prior
written authorization; iii. The costs of dismantling and reinstallation of the
Products; iv any Products damaged while in transit or otherwise by accident; v
decomposition of Products by chemical action, erosion or corrosion or wear to
Products or due to conditions of temperature, moisture and dirt; or vi. claims
with respect to parts that are consumable and normally replaced during
maintenance such as filter media, filter drainage belts and the like, except where
such parts are not performing to SELLER'S estimate of normal service life. in
which case, SELLER shall only be liable for the pro rata cost of replacement of
those parts based on SELLER'S estimate of what the remaining service life of
those parts should have been, provided, that failure of those parts did not result
from any of the matters listed in clauses (i) through (v) above. With regard to
third -party parts, equipment, accessories or components not of SELLER's
design, SELLER'S liability shall be limited solely to the assignment of available
third -party warranties. THE PARTIES AGREE THAT ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY, WHETHER WRITTEN, ORAL OR
STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT
PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall
terminate if PURCHASER fails to perform its obligations under this Agreement
including but not limited to any failure to pay any charges due to SELLER.
SELLER'S quoted price for the Products is based upon this warranty Any
increase in warranty obligation may be subject to an increase in price.
7 CONFIDENTIAL INFORMATION All nonpublic information and data.
furnished to PURCHASER hereunder, including but not limited to price, size,
type and design of the Products is submitted for PURCHASER'S own
confidential use solely in connection with this Agreement and is not to be made
known or available to any third party without SELLER'S prior written consent*
8 PAINTING The Products -shall be painted in accordance with SELLER'S
standard practice, and purchased items such as motors, controls, speed reducers,
pumps, etc., will be painted in accordance with manufacturers' standard
practices, unless otherwise agreed in writing.
9 DRAWINGS AND TECHNICAL DOCUMENTATION When
PURCHASER requests approval of drawings before commencement of
manufacture, shipment may be delayed if approval drawings are not returned to
SELLER within fourteen (14) days of receipt by PURCHASER of such
drawings for approval. SELLER will furnish only general arrangement, general
assembly, and if required, wiring diagrams, erection drawings, installation and
operation -maintenance manuals for SELLER'S equipment (in U.S. measure and
English language) SELLER will supply six complete sets of drawings and
operating instructions. Additional sets will be paid for by PURCHASER.
Electronic files, if requested from SELLER, will be provided in pdf, jpg or of
format only
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Proposal No. Q 063008 — TBM — Rev. 1
Date: February 6, 2009
Page 9 of 10
between SELLER and PURCHASER relating to the subject matter hereof The
rights and remedies of SELLER in connection with the goods and services provided
by SELLER hereunder are exclusive and limited to the rights and remedies
expressly stated in this Agreement.
17 INSPECTION PURCHASER is entitled to make reasonable inspection of
Product's at SELLER's facility SELLER reserves the right to determine the
reasonableness of the request and to select an appropriate time for such inspection.
All cost of inspections not called out in the contract shall be paid by PURCHASER.
18. WAIVER. Any failure by SELLER to enforce PURCHASER's strict
performance of any provision of this Agreement will not constitute a waiver of its
right to subsequently enforce such provision or any other provision of this
Agreement.
19 COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or
conditions require anything different from, or in addition to, that called for by this
Agreement, SELLER will satisfy such requirements at PURCHASER'S written
request and expense.
20 FORCE MAJEURE. If SELLER is rendered unable, wholly or in material part,
by reason of Force Majeure to carry out any of its obligations hereunder, then on
SELLER's notice in writing to PURCHASER within a reasonable time after the
occurrence of the cause relied upon, such obligations shall be suspended. "Force
Majeure" shall include, but not be limited to, acts of God, laws and regulations,
strikes, civil disobedience or unrest, lightning, fire, flood, washout, storm,
communication lines failure, delays of the PURCHASER or PURCHASER's
subcontractors, breakage or accident to equipment or machinery, wars, police
actions, terrorists, embargos, and any other causes that are not reasonably within
the control of the SELLER. If the delay is the result of PURCHASER's action or
inaction, then in addition to an adjustment in time, SELLER shall be entitled to
reimbursement of costs incurred to maintain its schedule.
21 INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is
an independent contractor, and that neither SELLER nor its principals, partners,
parents, subsidiaries, affiliates, employees or subcontractors are servants, agents,
partners, joint ventures or employees of PURCHASER in any way whatsoever
22. SEVERABILITY Should any portion of this Agreement, be held to be invalid
or unenforceable then the validity of the remaining portions thereof shall not be
affected by such unenforceability and shall remain in full force and effect.
23 CHOICE OF LAW, CHOICE OF VENUE. This Agreement�shall be govern
and construed in accordance with the laws of the State of I kelt wtthoutt?egarclto its
rules regarding conflicts or choice of law The parties submit to the jurisdiction and
venue of the state and federal courts located in Sl -#k. C 1y, Utah. S ` r
e :e /,
24 ASSIGNMENT PURCHASER shall not assign or transfer agreementnt
without the prior written consent of the SELLER. Any attempt to make such an
assignment or transfer shall be null and void.
25 LIMITATION ON LIABILITY TO THE EXTENT PERMISSIBLE BY
LAW, SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE COST OF CORRECTING ANY DEFECTS, OR IN THE
ABSENCE OF ANY DEFECT, IN EXCESS OF THE VALUE OF THE
PRODUCTS SOLD HEREUNDER. NOTWITHSTANDING ANY
LIABILITIES OR RESPONSIBILITIES ASSUMED BY SELLER
HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO
PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON
OF PLANT SHUTDOWN, NON -OPERATION OR INCREASED EXPENSE
OF OPERATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR
REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL
OR REVENUE OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE,
WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER
CAUSE WHATSOEVER.
PROPOSAL
EIMCO Water Technologies
4255 Lake Park Blvd. • Salt Lake City, Utah 84120 USA
Tel: (801) 931-3000 • Fax: (801) 931 3080
www.gly/eimcowater.com
EIMCO
WATERTECHNOLOGIES
Proposal No. Q 063008 — TBM — Rev. 1
Date: February 6, 2009
Page 10 of 10
NORTH AMERICAN
FIELD SERVICE RATE SHEET
2009
Standard
Daily Rate (8 hour day)
$ 850.00
Hourly Rate (4 hour minimum)
$ 106.25
Saturday
Daily Rate (8 hour day)
$ 1,275.00
Hourly Rate (4 hour minimum)
$ 159.37
Sundays/Holidays *
Daily Rate (8 hour day)
$ 1,700.00
Hourly Rate (4 hour minimum)
$ 212.50
Overtime **
Hourly Rate - Standard Day
$ 159.00
Hourly Rate - Weekends & Holidays
$ 212.50
* Except for Christmas and New Year's Day in which no work will be performed
For all hours worked over eight (8) hours per day
a*
UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST
PLUS 10%
Please Note:
• All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced
at actual cost PLUS 10 % and documentation will be provided for these expenses. If a fixed living
expense daily rate is required it will be charged at $ 175.00 per day (lodging and meals). Travel on
Saturday, Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate.
• Use of EIMCO Water Technology Fleet vehicles for travel will be charged at the prevailing rate
established by the United States Internal Revenue Services.
PROPOSAL
EIMCO Water Technologies
4255 Lake Park Blvd. • Salt Lake City, Utah 84120 USA
Tel. (801) 931-3000 • Fax: (801) 931-3080
www glv/eimcowater.com
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
• Item No. J S
For Meeting Of February 3, 2009
A resolution authorizing a sole source procurement between the City
of Yakima and Eimco Water Technologies LLC and Penn Valley Pump
Co. Inc. to purchase a Dissolved Air Floatation Thickener (DAFT) Unit
and Double Disc Pump, respectively.
SUBMITTED BY: Max Linden, Wastewater Utility Engineer
CONTACT PERSON/TELEPHONE: Max Linden, Wastewater Utility Engineer
(509) 249-6814
SUMMARY EXPLANATION:
Staff respectfully requests City Council consideration of a resolution authorizing sole source
procurement from Eimco Water Technologies LLC and Penn Valley Pump Co., Inc. This is a
sole source purchase and formal bid requirements are requested to be waived, since Eimco
Water Technologies LLC is the original supplier of the standardized DAFT Unit to be replaced
and Penn Valley Pump Co. supplies the only pump that can serve two functions as required .
The existing DAFT Unit is wom out and needs to be replaced. This is a standardized Eimco
unit that we wish to replace with a compatible model (Model BRW Flotator-Thickener, 45 ft
diameter) from Eimco Water Technologies LLC. Replacing this unit from the same company
eliminates the need to change out additional ancillary devices such as; drive control panels,
recycling piping, pressurization system, air compressors, interconnecting piping mounting
hardware and anchors.
(Continued on next page)
Resolution X Ordinance _ Contract _ Other (Specify)
Funding Source: 478 Wastewater DAFT project #2223 DAFT $325,000, Pump $31,000
Total = $356,000
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution to authorizing a sole source procurement
between the City of Yakima and Eimco Water Technologies LLC and Penn Valley Pump Co.
Inc. to purchase A DAFT Unit and Double Disc Pump, respectively.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(Continued)
The ancillary equipment we currently have would not be able to be utilized with a DAFT unit
other than a standardized Eimco unit, thus it is in the best interest of the city to sole source this
unit from Eimco Water technologies LLC . Purchasing from Eimco assures a product that fits
our current system without modification to our piping or process controls.
The DAFT unit will cost approximately $325,000.00 including tax. The installation will be paid
for under the upcoming Dystor/Daft replacement project that will go out to bid early this year.
When the DAFT Unit is replaced we will need to thicken solids in the older existing centrifuge.
This requires a pump that can perform two functions. There is one pump that can provide this
for the DAFT and Centrifuge process and we wish to sole source a Penn Valley Pump (Model
6DDSX76 wNFD) for this application.
This pump will be added to the DAFT unit process to provide two functions. The two functions
of the pump are to provide a consistent rate of feed from the DAFT to the older existing
centrifuge and to pump thickened solids to the digesters. The Penn Valley pump is the only
pump that is able to do this and will enable us to purchase one pump instead of two. The pump
will be used on a trial basis and allows us to make sure the pump performs both functions
adequately. If it works adequately we would purchase it at an approximate cost of $31,000.00
including tax.
•