HomeMy WebLinkAboutR-2010-021 Trickling Filter Clarifier Drive Unit RepairRESOLUTION NO. R-2010-21
A RESOLUTION ratifying the declaration of an emergency and authorizing the City
Manager to execute all applicable contracts to repair and install a
Trickling Filter Clarifier drive unit
WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal
Code Chapter 1.80 provide that the City Council may declare an emergency dispensing with the
necessity for bidding for services, material, and equipment and supplies costing more than
$25,000; and
WHEREAS, the existing Trickling Filter Clarifier drive unit has recently broken down and
is out of service; and
WHEREAS, the drive unit which operates the clarifier, a vital component for the trickling
filter treatment process needs to be repaired and put back into service immediately; and
WHEREAS, the Trickling Filter Clarifier needs to be in operation immediately to treat
strong waste now as well as the additional loadings from Del Monte to maintain compliance with
the City's NPDES discharge permit; and
WHEREAS, the formal bidding process would not allow the Wastewater Division to
address the repair immediately; and
WHEREAS, there is an exception to the bidding laws for emergencies under RCW
39.04.280(1) (c); and
WHEREAS, RCW 70.95A.090 relating to pollution control facilities also offers an
exception to the bidding requirements; and
WHEREAS, the City Council finds that it is in the best interest of the City to declare an
emergency and authorize the execution of all necessary documents to repair and install the
Trickling Filter Clarifier drive unit, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
An emergency is hereby declared and the City Manager is hereby authorized to execute
the purchase and all applicable contracts to repair and install the Trickling Filter Clarifier without
calling for bids.
ADOPTED BY THE CITY COUNCIL this 2nd day of February, 2010.
ATTEST
Micah Cawley, Mayor
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA
and EIMCO WATER TECHNOLOGIES, LLC
THIS 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, LLC (hereinafter "EIMCO").
WHEREAS, the City requires professional services in order to rebuild the existing Model
C54 clarifier drive unit; and
WHEREAS, EIMCO represents it has the expertise necessary and is willing to perform
the professional services required by the City 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 EIMCO as follows:
1. Scope of Services.
EIMCO shall provide the City with the professional services contained in the project
proposal dated February 16, 2010 marked "Exhibit "A," attached and incorporated by this
reference including:
Proposal No.'Q 02162010 — TBM (pages 1 — 8)
Project Summary
Rebuilding of Drive Unit
Included Field Services
Delivery
Pricing Terms
Payment'Terms
Taxes
Backcharges
Purchase Order Submission
Field Service
Surface Preparation and Painting General Information
General Items Not Included
Manuals
City of Yakima and EIMCO Page 1 of 7
Professional Services Agreement
Warranty and Conditions
Confidentiality
Terms and Conditions (as modified by the parties).
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate at the time of completion of all services/tasks required hereunder unless the
Agreement is earlier terminated by either party under Section 25 of this Agreement. EIMCO
shall provide such services as are described on executed task orders in accordance with the
time schedule set forth in Exhibit A. EIMCO shall proceed with such services in a timely and
diligent manner but shall not be responsible for delays causedby others beyond its control or
which could not have been reasonably foreseen by the parties at the time the respective task
order was executed.
3. Compensation.
a. Fees for Services. EIMCO shall be compensated in accordance with the terms set
forth in Exhibit "A."
b. Payment of Compensation. The City shall make payment in accordance with the
terms set forth in Exhibit "A."
c. Payment in the Event of Termination. In the event that either party terminates this
Agreement under Section 25, EIMCO shall be compensated in accordance with the above
terms for all satisfactory completed services provided to the City up to the effective termination
date.
4. Standard of Performance. EIMCO shall perform all work and services required under
this Agreement in accordance with generally accepted consulting standards and shall be
responsible for the technical soundness and accuracy of all work and services furnished
pursuant to this Agreement.
5. Cost Estimates. The City is herewith advised that EIMCO does not control the cost of
labor, material, equipment; subcontractors' and suppliers' methods of producing and delivering
such goods and services; or the methods and styles of competitive bidding or market
conditions. Accordingly, EIMCO cost estimates are made and furnished on the basis of EIMCO
experience and qualifications and represent only best judgment as a consulting firm familiar
with the industry. As such, EIMCO cannot and does not warrant or guarantee the accuracy of
its cost estimates, or that cost estimates will not vary significantly from the actual project
realized by the City.
6. Inspection and Audit. EIMCO 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 of the Washington State Auditor. At
all reasonable times, EIMCO 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 of the
Washington State Auditor where necessary to conduct or document an audit. In the event that
any audit or inspection identifies any discrepancy in such financial records, EIMCO shall provide
the City with appropriate clarification and/or financial adjustments within thirty (30) calendar
days of notification of the discrepancy. EIMCO shall preserve and make available all such
City of Yakima and EIMCO Page 2 of 7
Professional Services Agreement
such books of account and records for a period of three (3) years after final payment under this
Agreement.
7. Ownership of Documents. All reports, evaluations and data prepared or obtained by
EIMCO pursuant to this Agreement shall be the property EIMCO. EIMCO shall provide the City
with electronic originals and/or reproducible copies of such documents in accordance with the
respective task order or when requested by City representatives. EIMCO does not intend or
represent that such documents are suitable for reuse by the City or others on extensions of this
project or with regard to any other project. Any such reuse without the written permission of the
EIMCO shall be at the City's risk.
8. Information Provided by the City. The City shall provide EIMCO with access to all
information at its disposal pertinent to the project, including but not limited to previous reports,
drawings, plats, surveys, utility records and other similar data. Absent specific written direction
to the contrary, EIMCO shall be entitled to rely upon the completeness and accuracy of such
documentation.
9. Status of EIMCO. EIMCO and the City understand and expressly agree that EIMCO is
an independent contractor in the performance of each and every part of this Agreement.
EIMCO shall have the sole judgment of the means, mode or manner of the actual performance
of work/services required under this Agreement. EIMCO, as an independent contractor,
assumes the entire responsibility for carrying out and accomplishing the work/services required
under this Agreement. Additionally, and as an independent contractor, EIMCO shall make no
claim of City employment nor shall EIMCO make any claim against the City for any related
employment benefits, social security and/or retirement.
10. Taxes and Assessments. EIMCO shall be solely responsible for compensating its
employees 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.
11. Nondiscrimination Provision. During the performance of this Agreement, EIMCO
shall not discriminate in violation of any applicable federal, state and/or local law or regulation
on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability,
honorably discharged veteran or military status, pregnancy, sexual orientation and any other
classification protected under federal, state or local law. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training and the
provision of services under this Agreement.
12. The Americans with Disabilities Act. EIMCO shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and
Washington State's anti -discrimination law as contained in Chapter 49.60, RCW and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services and telecommunications.
13. Compliance With Law. EIMCO agrees to perform all work/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.
City of Yakima and EIMCO Page 3 of 7
Professional Services Agreement
14. No Insurance. It is understood the City does not maintain liability insurance for EIMCO.
15. Indemnification and Hold Harmless. EIMCO agrees to protect, defend, indemnify and
hold harmless the City, its elected officials, officers, employees, agents and volunteers from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits and other
proceedings and all judgments, awards, costs and expenses (including reasonable attorney's
fees and disbursements) resulting from death or bodily injury to any person or damage or
destruction to a third party or third parties to the extent caused by any negligent act and/or
omission of EIMCO, its officers, employees, agents, volunteers and/or subcontractors, arising
out of the performance of this Agreement.
Nothing contained in this section of this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
16. Insurance provided by EIMCO. At all times during performance of the Services,
EIMCO shall secure and maintain in effect insurance to protect the City and EIMCO from and
against all claims, damages, losses and expenses arising out of or resulting from the
performance of this Agreement. EIMCO shall provide and maintain in force insurance in limits
no less than that stated below, as applicable. The City reserves the right to require higher limits
should it deem it necessary in the best interest of the public.
a. Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, EIMCO shall provide the City with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance with a total minimum liability limit
of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when the
policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shallname the City, its elected officials, officers, agents, employees, and
volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving the City thirty (30) calendar days prior written notice
(any language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company or companies rated A -VII
or higher in Best's Guide and admitted in the State of Washington.
Under either situation described above, the required certificate of insurance shall clearly
state who the provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers, agents, employees,
and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City thirty (30) calendar days prior written notice
(any language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company or companies rated A -VII
or higher in Best's Guide and admitted in the State of Washington.
17. Delegation of Professional Services. The services provided for herein shall be
performed by EIMCO and no other person.
18. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by EIMCO to any other person or entity without the
City of Yakima and EIMCO Page 4 of 7
Professional Services Agreement
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 EIMCO stated
herein.
19. No Conflict of Interest. EIMCO represents that it does not 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. EIMCO further covenants that it will not hire
anyone or any entity having such a conflict of interest during the performance of this
Agreement.
20. Severabilitv. 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.
21. Third Parties. The City and EIMCO 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.
22. Drafting of Agreement. Both the City and EIMCO 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 being interpreted and/or enforced.
23. Integration. This written document constitutes the entire agreement between the City
and EIMCO. 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.
24. Waiver of Breach. A waiver by either party hereto of a breach of 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.
25. Termination. The City or EIMCO may terminate this Agreement, with or without cause,
by giving the other party thirty (30) calendar days written notice of termination.
26. 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:
TO CITY:
TO EIMCO:
Max Linden
Wastewater Division
2220 East Viola
Yakima, WA 98901
Todd B. Morris
EIMCO Water Technologies, LLC
4255 Lake Park.Blvd., Suite 100
Salt Lake City, Utah 84120
City of Yakima and EIMCO Page 5 of 7
Professional Services Agreement
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 mailed or hand delivered at the addresses specified
above.
27. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
28. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA EIMCO WATER TECHNOLOGIES, LLC
By:
R. A. Zai, Jr., City Manager
DATE: I
fv1-- By: _04\06 hal
Cavvi earn P.)Or
ATTEST:
Deborah Klos er, City Clerk
City Contract No.
DATE: 03 I 11 1 2.0 1'0
City of Yakima and EIMCO Page 6 of 7
Professional Services Agreement
EXHIBIT"A"
EIMCO Proposal No. Q02162010-TBM
February 16, 2010
(8 pages)
City of Yakima and EIMCO Page 7 of 7
Professional Services Agreement
VV.ATERTECHNOLOGIES
PREPARED FOR
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 1 of 8
Yakima Regional Wastewater Treatment Facility
2220 East Viola Street
City of Yakima, WA. 98901
Attn: Max Linden
(509) 249-6814 Phone
(509) 575-6116 Fax
mlindenAci.yakima.wa.us
AREA REPRESENTATIVE
Beaver Equipment Specialty Company, Inc.
Kenmore, WA. 98028
Nik Quesnell
(425) 398-8082
nikqabeaver-equipment.com
PROJECT
Rebuilding Services
for an existing EIMCO Water Technologies (EWT)
Model C54 Clarifier Drive Unit - S/N 2547-B
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(g1v.com
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3000 • Fax: (801) 931.3080
www.eimcowatertechnologies.com
WATERTECHNOLOGIES
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 2 of 8
PROJECT SUMMARY:
EIMCO Water Technologies (EWT) is pleased to offer the following proposal to provide rebuilding
services for one (1) existing Model C54 clarifier drive unit. The drive is currently mounted on an
existing 170' diameter EIMCO Model C clarifier. Serial # 2547-B originally installed in 1965.
REBUILDING of DRIVE UNIT
EWT will provide material and labor to perform standard rebuild services for one (1) existing C54 drive
unit at our authorized rebuild center in California. Drive unit must be removed, oil drained and crated
for shipment prior to pickup. Drive will be returned to site after rebuilding and reinstalled by
others. We estimate 6-8 weeks to accomplish this scope for materials acquisition, transport and
rebuilding labor.
Disassembly and Inspection
• Completely disassemble drive into individual parts and components.
• Steam clean and inventory all parts.
• Provide an evaluation report indicating the condition of all parts and sub -components and
recommendations for the scope of the rebuild.
Standard Rebuild
• Blast clean bases, main gear, housings, covers, and end cap. Machined surfaces are protected
or are not blasted.
• Replace all wear items i.e. bearings, bearing strip liners, bearing balls, seals, gaskets, keys,
retaining rings, grease fittings, gauges, piping and fasteners.
• Deburr and hand dress teeth of all gearing, pinions, worm gear assemblies, worms and shafts.
• Polish all shafts.
• New replacement drive gearmotor, sprockets and chain.
• New torque indication/torque control device.
• Completely re -assemble, paint and inspect equipment. One (1) coat of Tnemec N69F epoxy
sky blue paint @ (4 mils DFT) over an SSPC-SP-6 metal prep will be applied as standard.
• Warranty parts and workmanship for (1) year.
Non -Standard Rebuild items — NOT included
• . Replacement of gears, pinions or housings if required
• Replacement of large precision bearings
• Drive lubricants or special paint
• New operation and maintenance manual
Included Field Services — EWT serviceman to be on site for inspection, torque switch adjustment and
start-up. This is one (1) trip of duration one (1) day. Pricing includes all travel and miscellaneous
expenses. This service validates the one (1) warranty on the drive rebuild labor and components.
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3000 • Fax: (801) 931-3080
www.eimcowatertechnologies.com
=EIMCO
WATERTECHNOLOGIES
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 3 of 8
Note: Price is based on a typical (standard) rebuild and does not include the replacement of major
components. If any of these items are in need of replacement, they will be at additional cost to the
order.
Price for rebuild of existing C54 drive as described above $ 31,585.0°
DELIVERY
EWT intends to ship all Products as indicated above 12-14 weeks after receipt of approved
purchase order and returned approval 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 damages 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.
PRICING TERMS
All prices quoted are in US Dollars. Prices are good for 90 days. After expiration of the pricing
effective period, prices will be subject to review and adjustment. Prices quoted are FOB 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.
PAYMENT TERMS
One hundred percent (100%) payment due within 30 days after Purchaser's receipt of invoice. Credit
is subject to acceptance by the EWT Credit Department.
PROPOSAL
Eimco Water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3000 • Fax: (801) 931-3080
www.eimcowatertechnologies.com
411- EIMCO
WATERTECHNOLOGIES
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 4 of 8
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. Payments 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.
TAXES
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.
**PURCHASE. ORDER SUBMISSION**
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 #: 801-931-3080
Tel. #: 801-931-3000
PROPOSAL
Eimco water Technologies, LLC
4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3000 • Fax: (801) 931-3080
www.eimcowatertechnologies.com
EIMCO
WATERTECHNOLOGIES
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 5 of 8
FIELD SERVICE
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 or 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
F,imco Water Technologies, LLC
4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 93I-3000 • Fax: (801) 931-3080
www.eimcowatertechnologies.com
EIMCO
WATERTECHNOLOGIES
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 6 of 8
GENERAL ITEMS NOT INCLUDED
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 terms 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 except as required by the Washington State Public Records Act,
RCW 42.56 et seq.
Attachments:
EWT General Terms and Conditions, QFORMEWT 0115-02031 Rev 3/5/2009
EWT 2008 North American Field Service Rate Schedule
PROPOSAL
EIMCO Water Technologies
4255 Lake Park Blvd. • Salt Lake City, Utah 84120-8201 USA
Tel: (801)931-3000 • Fax: (801) 931-3080
www.eimcowatertechnologies.com
EIMCO
WATERTECHNOLOGIES
Terms &
Conditions
1. ACCEPTANCE. The proposal of EIMCO WATER TECHNOLOGIES, LLC
("SELLER"), as well as Neu terms and coodnums of sale (collectively the "Agreement'),
included in the Professional Services Agreement between the City of Yakima and EIMCO,
constitutes SELLER'S contractual offer of goods and associated services, and PURCHASER'S
acceptance of this offer is expressly limited to the terms of the Agreement. The scope and terms
and conditions of this Agreement represent the entire offer by SELLER and supersede all poor
solicitations, discussions, agreements, nmdersundings and representations between tho paries.
Any scope or terms and conditions included in PURCHASER's actcpWrcdpurchsse order that
are in addition to or different from this Agreement are hereby rejected.
2. DELIVERY. Any statements relating to the due of shipment of the Products (as defined
below) represent SELLER'S 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 SELLER's proposal. Lf such delivery is
prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled
at its operon to tender delivery to PURCHASER at the point or pointe 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 delwery 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 ore 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, tide, 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 payment due shall not constitute or be constwcd as
payment se as to pass SF.LLER's interests until said drafts, notes and/or trade acceptances am
paid in full. Risk of loss shall pass to PURCHASER at the delivery point
4. PAYMENT TERMS. The Panes agree to the payment terms set forth in the Professional
Services Agreement.
5. TAXES. Unless otherwise specifically provided in SELLER'S quomtion/pmposal;
PURCHASER shall pay and/or reimburse SELLER, m addition to are 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. sato, transportation, and/or
use by SELLER or PURCHASER, of any oldie Products or services dealt with herein (whether
the same may bo regarded as personal or real property). PURCHASER agrees to pay all papery
and other razes 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 PURCHASER SELLER warrants
that new equipment and puts manufactured by it and provided to PURCHASER (collectively,
"Products) shall be free from defects in material and workmanship. The warranty period shall be
twelve (12) months from startup of the equtpmem not to exceed eighteen (18) months from
shipment If any of SELLER'S Products fail to comply with tho foregoing warranty, SELLER
shall repair or replace free of charge to PURCHASER, EX WORKS SELLER'S FACTORIES or
other location that SELLER designates, any Product or pans thereof returned to SELLER, which
examination shall show to have failed under normal use and service operation by PURCHASER
widen 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 PURCHASER', job sit
to Inspect the Produce. If it is determined after inspection that SELLER is liable under this
warranty to repair or replace the Product or part thane[ SELLER shall bear the transportation
costs of (a) returning the Product to SELLER for inspection or sending its representative to the
job site and (b) retuming the repaired or replaced Products to PURCHASER honevcr, if it is
determined after inspection that SELLER is not liable under this warranty, PURCHASER shall
pay those costs For SELLER to be liable with respect to this warranty, PURCHASER must make
its claims to SELLER with respect to this warranty in writing no later than thirty (30) days after
the date PURCHASER discovers the basis for its ssaoanty claim and in no event more than thirty
(30) days after the expiration of the Warranty Period. In addition to any other Ismituion or
disclaimer with respect to this warranty, SELLER shall have no liability with aspect to any of the
following: (1) failure of the Products, or damages to them, due to PURCHASER'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 die Products; (iv) any Products
damaged while in transit or otherwise by accident; (v) deeonpositioo of Products by chcmieal
action, erosion or corrosion or wear to Products or clue to conditions of temperature, monism and
dirt; or (vi) claims with respect to pars that are coasonable and normally replaced during
maintenance such as filter media, filter drainage belts and ate like, except where such parts arc
not performing to SELLER'S estimate of normal service life, in which case, SELLER shall only
be hablo for the pro rata cost of replacement of those parts baud on SELLER'S estimate of what
the remaining service life of those pmts should have been; provided, that failure of those pans did
not result from any of the matters listed in clauses (r) through (v) above. With regard 10 thinl-
parry• parts, equipment, accessories or components not of SELLER's design, SELLER'S liability
shall be limited solely to the assignment of available third -party ivaranties. 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 dui to SELLER.
SELLER'S quoted price for the Products is based upon this warranty. Any increase in marmnty,
obligation may be subject to an increase in pace
7. CONFIDENTIAL INFORMATION. All nonpublic information and data furnished to
PURCHASER hereunder, including but not limited to once, size, type and design of the Products
is the sole property of SELLER and submitted for PURCHASER'S mem 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 subject to the requirements of the Washington State
Public Records Act, RCIV 42.56 et seq.
8, PAINTING. The Products shall be painted in accordance with SELLER'S standmd practice,
and purchased items such as motors, controls, speed reducers, pumps, etc., will be painted in
accordance nith manufacturers' standard practices, unless otherwise agreed in writing.
9. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests
approval of drawings before commencement of manufaenne, shipment may be delayed if
approved drawings are not rtumcd to SELLER within fourteen (14) days of receipt by
PURCHASER of such drawings for approval. SELLER will furnish only general arrangement,
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 7 of 8
general assembly, and if required, wising diagrams, erection dmwiogs, installation and opmation-
maintenancc manuals for SELLER'S equipment (in English language). SELLER will supply six
(6) complete sets of drasiings and operating instructions. Additional sets will be paid for by
PURCHASER Electronic files, if requested from SELLER, will be provided in pall, Jpg or of
format only.
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 whco due and shall not be
setoff or applied against any money due or claimed to be due from SELLER to PURCHASER on
nccouat of any other transaction or claim.
I1. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use
any information processing program supplied by SELLER wish the Products. PURCHASER
acknmvledges that such programs and the information contained therein is Confidential
Information and agrees: a) not to copy or duplicate the program except for archnvol or security
purposes, b) not to use the program on any computer other than the computer with which it is
supplied; and,c) to lion access to the program to those of its employees who ant necessary to
permit authorized use of the pogrom. PURCHASER agrees to execute and be bound by the terms
deny software license applicable to are Products supplied.
12. PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against
PURCHASER based upon claws that SELLER's Product hewander in and of itself constitutes
an infringement of any valid apparatus claims of any United States patent issued and existing as
of the date of this Agreement, if notified promptly in writing and given all Information,
assistance, and solo authority to defend and settle the same, and SELLER shall indemnify the
PURCHASER against such claims of iafringement. Furthermore, in rise the use of the Products
is enjoined in such suit or in case SELLER otherwise deems n advisable, SELLER shall, u its
own expense and discretion, (a) proem0 for the PURCFIASER the right to continue using the
Products, (b) repleco the same with nate-infringing Products, (c) modify the Product so it becomes
non -infringing, or (d) remove the Products and refund ilio purchase poen loss 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 fitmishcd 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 sok liability of SELLER for patent infringement with respect to the Products
13. 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 enure unpaid portion of the purchase pncc shall, without notice or demand, become
immediately due and payable. SELLER at its option, without notice or demand, shall be entitled
to sato for said balance and for reasonable legal feu, plus out-of-pocket expenses 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 frau such sale (after
deduction from the sale price of all expenses of such sale and all expenses of retaking possession.
[spans necessary to put the Products in saleable condinon, storage charges, taxes, liens, collection
and legal fees and all other expenses in correction 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 am in addition to and not limitations of any other nghts of SELLER.
14. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon
giving SELLER thirty (30) days prior written notice 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. All such costs and expenses shall be paid to SELLER within len
(10) days of the termination of the Agreement, or be subject to an additional late payment penalty
of five percent (5%) of the total amount of costs and expenses owed
15. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products 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 costs of inspections not expressly included
as an itemized pat of the quoted price of the Products m this Agreement shall be paid by
PURCHASER.
16. WAIVER. Any failure by SELLER to enforce PURCHASER's stint performance of any
provision of this Agreement will not constitute a waiver of is right to subsequently enforce such
provision or any other provision of this Agreement.
17. 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 ager the occurrence of the cause relied upon, such
obligations shall be suspended. "Force Majeure" shall include, but not be limited to, acts of God,
law, and regulations, strikes, civil disobedience or unrest, lightning, fire, flax!, washout, storm,
communication lines failure, delays of the PURCHASER or PURCHASER'S subcontractor,
breakage or accident to equipment or machinery, wars, police anions, terrorism, 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.
18. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an
independent contractor, and that neither SELLER nor as principals, partners, parents.
subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures
or employees of PURCHASER in any way whatsoever.
19. SEVERABILITY. Should any ponion of this Agreement, be held to be ins•alid or
unenforceable under applicable law then the validity of the remaining psmoos thereof shall not
bo affected by such mvalidst• or unenforceability and shall remain in full force and effect.
Furthermore, any invalid or unenforceable provision shall be modified accordingly within the
confines of applicable law, giving maximum permissible effect to the parties' intentions
expressed herein.
20. CHOICE OF LAW, CHOICE OF VENUE. This Agreement shall be govemcd and
construed in accordance with the laws of the State of Washington, without regard to as rules
regarding conflicts or choice of law. The parties submit to the jurisdiction and venue of the
Yakima County Superior Court located in Yokina County, Washington.
21. ASSIGNMENT. PURCHASER shall not assign or transfer this Agreement without the prior
written consent of One SELLER Any attempt to make such an assignment or transfer shall be null
and void. SELLER shall have t he authority to assigis, or otherwise transfer, its rights and
obligations in connection with this Agreement in whole or in part, upon prior written notice to
PURCHASER
22. LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW,
SELLER SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS
AGREEMENT IN EXCESS OF THE COST OF CORRECTING ANY DEFECTS, OR IN
THE ABSENCE OF ANY DEFECT, IN EXCESS OF THE VALUE OF THE PRODUCTS
PROPOSAL
EIMCO Water Technologies
4255 Lake Park Blvd. • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3000 • Fax: (801) 931-3080
www.eimcowatertechnologies.com
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.
REVISION DATE - MARCH S, 2009
�EIMCO
WATERTECHNOLOGIES
A GLV Company.
Terms &
Conditions
NORTH AMERICAN
FIELD SERVICE RATE SHEET
Effective January 2010
Proposal No. Q 02162010 — TBM
Proposal Date: February 16, 2010
Page 8 of 8
Standard (Travel)
Daily Rate (8 hour day)
$ 1,000.00
Hourly Rate (4 hour minimum)
$ 125.00
Standard (Labor)
Daily Rate (8 hour day)
$ 1,000.00
Hourly Rate (4 hour minimum)
$ 125.00
Saturday
Daily Rate (8 hour day)
$ 1,500.00
Hourly Rate (4 hour minimum)
$ 187.50
Sundays/Holidays *
Daily Rate (8 hour day)
$ 2,000.00
Hourly Rate (4 hour minimum)
$ 250.00
Overtime **
Hourly Rate - Standard Day
$ 187.50
Hourly Rate - Weekends & Holidays
$ 250.00
* Except Christmas Day and New Years Day
** For all hours worked over eight (8) hours per day
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 Per
Diem rate is required, it will be charged at $200.00 per day (lodging and meals) with the
exception of the East Coast where the price will be $250.00). 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 rate of $0.50 per
mile.
PROPOSAL
EIMCO Water Technologies
4255 Lake Park Blvd. • Salt Lake City, Utah 84120-8201 USA
Tel: (801) 931-3000 • Fax: (801) 931-3080
www.eimcowatertechnologies.com
......, „..,,,,
,.,,.....„,,,!.,„„
Gallagher Lambert Group Quebec ULC
CERTIFICATE OF INSURANCE No: 10-1167
This document supersedes any certificate previously issued under This number
Date: March 18, 2010
This is to certify that the policies of insurance described herein have been Issued to the Insured named herein for the policy period indicated.
Not`Nlthstanding any requirement, term or condition of any contract or other document with respect to which the Certificate may be issued or
may certain. the insurance afforaed by the policies cesc:ited herein is subject to all !.he terms, conditions and exclusions of such Policies.
Limits shown may have been reduced by paid claims.
This Certificate is Issued as a matter of information only and confers no rights upon the Certificate Holder other than those provided by this
policy, This Certificate does not amend. extend or alter :he coverage afforded by the policies described nerein.
Name and address of Insured:
EIMCO WATER TECHNOLOGIES
4255, Lake Park Blvd., Salt Lake City, Utah 84120
This certificate Is issued regarding:
Certificate issued to:
CITY OF YAKIMA
Wastewater division
2220 East Viola, Yakima
WA 98901
Type(s) of
Insurance
Insurer(s)
Policy No(s).
Effective/ Expiry
Dates
Sums Insured or Limits of Liability
COMMERCIAL
GENERAL
LIABILITY
• Bodily Injury &
Property Damage
CLAIMS MADE
BASIS
Zurich
American
Insurance
Company
GLC3374050
March 31, 2010 to
March 31, 2011
Each Claim
$2 000 000
Annual Aggregate in respect of
products / completed operations
hazard
$2 000 000
Personal and advertising injury
Medical expense
Damage to premises rented to you
$100 000
Additional Insured: City of Yakima its elected officials, officers, agents, employees and volunteers as additional Insured but only with respect to
liability arising out of the operations of the named insured regarding the contract.
Special Conditions:
Special Clauses: Blanket Additional Insured Broad Form Vendors Liability
Crane Operator's Liability Cross Liability & Severability of Interest Clause
Worldwide Coverage
Notice of Cancellation
Should any of the policies described herein be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30
days written notice to the Certificate Holder named herein.
Gallagher Lambert Group Quebec ULC
(Arthur. J. Gallagher & Co Ins.)
426 N 44th, Street, Suite 320
Phcenix, AZ 85008-6.508
Tel 514-861.5522 Fax : 514-392-9264
jlykacla
Linda Tremblay. Damage Insurance Broker
Additional Insured — Scheduled Owners,
Lessees or Contractors - Broad Form
ZURICH
Policy No.
Eft Date of Pol.
Exp. Date of Pol.
Etf. Date of End..
Producer
Add' I.
GLC3374050
03/312010
03/31/2011
03-31-2010
$
S
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name of Person or Organization: City of Yakima
its subsidiaries, affiliates, directors, officers, and employees.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
A. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the SCHEDULE above whom you are required to add as an additional insured on this policy under a written
contract or written agreement.
B. The insurance provided to the additional insured applies only to "bodily injury", "property damage" or "personal and
advertising injury" covered under Section I, Coverage A, BODILY LNJURY AND PROPERTY DAMAGE
LIABILITY and Coverage B, PERSONAL AND ADVERTISING LNJURY LIABILITY, but only if:
1. The "bodily injury" or "property damage" results from your negligence; and
The "bodily injur', "property damage" or "personal advertising injury" results directly from:
a. Your ongoing operations; or
b. "Your work" completed as included in the "products -completed operations hazard",
performed for the
additional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend ant- insurance coverage to the additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or
organization in the written contract or written agreement; and
2. We will not provide Limits of Insurance to the additional insured person or organization that exceed the
lower of:
U-01.-1 177-A CW (9/03)
Includes copyrighted material of Insurance Services Office, Inc. ,With its permission. Page 1 or 2
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured does not apply to;
I. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from
negligence of the additional insured; or
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the
rendering or failure to render any professional architectural, engineering or surveying services
including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
b. Supervisory, inspection, architectural or engineering activities,
E. The additional insured must see to it that:
I. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly he brought against any
policy issued by another insurer under which the additional insured also has rights as an insured or
additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution
from any other insurance available to the person or organization shown in the Schedule unless the
other insurance is provided by a contractor other than you for the same operations and job location.
Then we will share with that other insurance by the method described in paragraph 4.c. of SECTION
IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement
continue to apply as written.
L -CW. n 77-.1(:\V f:9;‘,3;
na,,1 2 of.:
410
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ID
For Meeting Of February 2, 2010
ITEM TITLE: Consideration of a resolution ratifying the declaration of an emergency authorizing the
City Manager to execute the contracts to repair and install a Trickling Filter Clarifier
drive unit.
SUBMITTED BY: Max Linden, Wastewater Utility Engineer
CONTACT PERSON/TELEPHONE: Max Linden, Wastewater Utility Engineer
(509) 249-6814
SUM MARY EXPLANATION:
Staff respecffully requests City Council consideration of a resolution declaring an emergency
condition and waiving the formal bid process in order to repair and install a drive unit that has
recently broken down and is out of service, for the WWTP Trickling Filter Clarifier.
The existing Trickling Filter Clarifier drive unit operates the clarifier, a vital component for the trickling
filter treatment process and must be in operation to help treat strong waste at the Wastewater
Treatment Plant. The purchase and installation of this equipment is not to exceed $200,000.
An emergency situation exists because machinery that is critical to the operation and treatment of
sanitary waste has broken down and is out of service. It needs to be repaired and back on line
immediately to treat strong waste. The Trickling Filter Clarifier is needed during normal operation
and is critical for additional strong waste treatment when Del Monte is in production. If the Trickling
Filter Clarifier is not in operation our activated sludge process in the aeration basins would not be
able to handle the additional strong waste loadings from Del Monte when in full production. Without
adequate treatment several effluent limitations would be violated and the City of Yakima would not
be in compliance with its NPDES discharge permit. The repair needs to be done as quickly as
possible so that it can be tested prior to the Del Monte production season.
(Continued on next page)
Resolution X Ordinance Contract Other (Specify)
Funding Source: Sewer Operating Fund 473 -473-232-S232-535
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt a resolution declaring an emergency authorizing the City
Manager to execute the purchase and all applicable contracts for the repair and installation of the
Trickling Filter Clarifier drive unit.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(Continued from page 1)
One exception to the bidding laws is for emergencies. Specifically RCW 39.04.280(1) (c) authorizes
a municipality to waive competitive bidding requirements for purchases "in the event of an
emergency". The formal bidding process would not allow the Wastewater Division to address the
repair immediately.
RCW 70.95A.090 relating to pollution control facilities also offers an exception to the bidding
requirements. It states in part: The [pollution control] facilities shall be constructed, reconstructed,
and improved... in the manner determined by the governing body in its sole discretion and any
requirement of competitive bidding, lease performance bonds or other restriction imposed on the
procedure for the award of contracts for such purpose... is not applicable to any action taken under
authority of this chapter.
Therefore it is proposed to have the drive unit repaired by EIMCO the original supplier of this drive
and have Apollo Inc., a contractor currently on site under another contract, to immediately remove
and reinstall when repaired.
i�..-2_o/O-2/
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this 4th day of March, 2010, by and between the City of Yakima, hereinafter called
the Owner, and Apollo Inc. a Washington Corporation; hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto
covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF:
$ 47,254.50 plus tax, for removal of the existing drive unit and installation of the rebuilt drive unit for the trickling filter clarifier, all
in accordance with, and as described in the attached description and work proposal cost breakdown and the AIA Document A-701, 9007
Edition, known as "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" which are by this reference incorporated
herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part
thereof.
Work shall start within ten (10) days after the Notice to Proceed and shall be completed in two stages totaling 21 working days. The first
stage of work is the removal of the drive unit and the second stage swill be implemented as soon as the drive unit is rebuilt, by others, and
returned to the Yakima Wastewater Treatment Plant. The first chargeable working day shall be the 11th working day after the date on
which the City issues the Notice to Proceed.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard
Specifications for each and every day said work remains uncompleted afterexpiration of the specified time, as liquidated damages.
The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the
transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are
mentioned in the specifications to be fumished by the City of Yakima.
II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide
the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached
plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached
specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided
for in this contract.
III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials,
employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature
whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's
performance or non-performance of the services, duties and obligations required of it under this Agreement.
IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the
full performance of all the covenants herein contained upon the part of the Contractor.
V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as
expressly provided herein.
VI. This Agreement, the Request for Bids, Scope of Work, conditions, addenda and modifications and the Contractor's proposal
(to the extent consistent with City of Yakima's documents) constitute the Contract Documents and are complementary. Specific federal
and State laws and the terms of this Agreement, in that order respectively, supersede other inconsistent provisions. These Contract
Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, Washington, 98901, and are hereby incorporated
by reference into this Agreement,
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written.
Countersigned: CITY OF YAKIMA
LL
this T//th day of March . 2010.
City ger
Attest:
City Clerk
CITY CONTRAC r NO:�DI �r>
RESOLUTION NO: ,-.Re/o-af
CONTRACTOR
a \Ark Corporation
Its:
(President. Owner, etc.)
Attached is The Apollo Inc. proposal for the removal and replacement of the Daft unit.
Pricing Includes:
1. Cribbing of rake arms
2. Remove and replace of EIMCO C54 Drive unit
3. Crating of Parts
4. Installation of new SS drive unit bolts.
5. Lock -out -jag -but
6. Electrical disconnect, re -connect existing configuration.
Pricing Excludes:
1. Shipping costs
2. New lubricants
3. Painting
4. Adjustments of structural components if changes are made to original parts and bolt
configurations.
5. Continuous dewatering for duration (Apollo will be using wood shims and blocks to hold
rake arms in place)
6. All electrical beyond lockout tag out access, disconnect equipment controls and lights at
local LBS or handholds.
7. Startup.
Apollo will need a copy of the existing clarifier mechanism O&M manual if it is available.
Pricing assumes C54 unit will return to jobsite within 20 weeks.
Thank you,
Mark Montgomery
Project Manager
Apollo, Inc
Office 509.586.1104
Cell 509.948.1306
E-mail mmontgomerv[a@apallo-qc.com
Conditions & Exclusions
-Apollo reserves the right to review all changes in aggregate for cumulative impact.
- This quote is good for 7 days.
-Attorneys Fee's. Time extensions, impact of this change on the base contract work o: other changed work,
consequential and incidental damages are specifically excluded.
-The compensation and completion time allowed by this change order proposal does not include any amount
for changes in sequence ofnorii. delay, disrvpton. rescheduling. extended overhead, acceleration. muhiphciry
of -changes. andlor impact costs. and the right is eepress a reserved to metro claim For any and all of these
and related items ofcost pnor le any final settlement of this contract
Page 2 of 2
Wastewater Treatment Plant Expansion
Yakima Digester Cover Replacement Projects
DESCRIPTION:
CHANGE ORDER PROPOSAL COST BREAKDOWN
Remove and replace C54 drive unit at existing clarifier.
DATE: 1 03/02/10
RFP No: C54 Drive Mods
DESCRIPTION
QTY
UNIT
UNIT MAT'L
MAT'L TOTAL
UNIT LABOR
LABOR TOTAL
UNIT EQUIP
TOTAL EQUIP
SUBS
Power City Electric
-
-
-
1,500.00
Install rake arm supports, remove bridge, install access,
remove drive, remove all, crate 4 men 6 working days.
-
-
-
Carpenter
48
mh
41.29
34.25
1,981.92
1,644.00
-
-
Laborer
48
mh
-
Crane Operator
48
mh
-
54.05
2.594.40
-
Supervision
48
mh
-
55.61
2.669.28
-
Uncrate, install drive unit, couple drive to rake arms, Install
bridge, remove acess, remove rake arm supports. 4 men 7.5
working days.
-
-
-
Carpenter
60
mh
41.29
2.477,40
-
Laborer •
60
rnh
-
34.25
2.055.00
-
Crane Operator
60
mh
-
54.05
3.243.00
Supervision
60
mh
-
55.61
3.336.60
-
Replacement 1" stainless bolts
12
ea
60.00
720.00
-
-
Stage rental
1
lot
450.00
450.00
Crane
112
mh
-
-
112.50
12,600.00
Crane mob and demob (return visit
2
ea
-
1,250.00
2.500.00
Tool truck
112
mh
-
-
7.75
868,00
1
lot
-
-
; -
smatl tools
1
lot
325.00
325.00
-
-
Cratinq Materials
1
lot
250.00
250.00
-
-
Estimate Prep & Review
1
ea
-
50.00
-
1.295.00
20,051.60
16 418.00
1,500.00
MATERIALS
Overhead @
LABOR EQUIPMENT
SUBCONTRACT
194.25 Overhead @ 15° 3,007.74 Overhead @ 15 2462.70 75.00 Overhead @ 5%
486.'x5 SUBTOTAL
1. j
Page 1 oft
E
23,059.34
SUBTOTAL= 45,004.29
18.880.70 1 1.575.00 I
$ 45,004.29
INSURANCE. BOND @ 5%= 2.250.21
Subtotal 47,254.50
TOTAL= $ 47,254.50