HomeMy WebLinkAbout08/02/2021 06.F. Resolution ratifying the declaration of an emergency and authorizing the rental of a biosolids dewatering centrifuge for the Wastewater Treatment Plant 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of:August 2, 2021
ITEM TITLE: Resolution ratifying the declaration of an emergency and authorizing
the rental of a biosolids dewatering centrifuge for the Wastewater
Treatment Plant
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager, 249-6815
SUMMARY EXPLANATION:
Mechanical issues temporarily prevented the City's Wastewater Treatment Plant's (WWTP)
biosolids dewatering centrifuges from providing the biosolids dewatering capacity required to
maintain economical biosolids transport for beneficial use. The Wastewater Division followed the
City's Emergency Policy in securing a rental centrifuge from Aspen Rentals to restore the
WWTP's required biosolids dewatering capacity.
The cost of the centrifuge rental is estimated at approximately$100,000 for a six-month period if
needed, resulting in the need to seek ratification by the City Council via Resolution, in accordance
with City of Yakima Administrative Code ADM 3-500 City/County Procurement Manual which
requires approval by the City Council for emergency costs exceeding $50,000. The approved
Emergency Purchase Order Justification Form and Aspen Rental Agreement are attached for
City Council review. The centrifuge rental is funded through Wastewater Operating Fund 473.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
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❑ Resolution Emergency Centrifuge Rental 7/21/2021 Resolution
❑ Emergency PO Justification 7/20/2021 Backup Material
❑ Rental Agreement 7/20/2021 Contract
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RESOLUTION NO. R-2021-
A RESOLUTION ratifying the declaration of an emergency and authorizing the rental of a
biosolids dewatering centrifuge for the City's Wastewater Treatment
Plant.
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
$50,000; and
WHEREAS, unexpected and unforeseen mechanical issues that were not a result of
failure to maintain the centrifuges, prevented the Wastewater Treatment Plant (VWVTP)
centrifuges from providing the required biosolids dewatering capacity; and
WHEREAS, the VVWTP required additional biosolids dewatering capacity to maintain
economical transport of dewatered biosolids for beneficial use; and
WHEREAS, an emergency was declared by the City Manager on July 9, 2021 in order to
expeditiously restore required biosolids dewatering capacity; and
WHEREAS, the Wastewater Division secured the rental of a biosolids dewatering
centrifuge from Aspen Rentals, Inc. to restore biosolids dewatering capacity; and
WHEREAS, the City Council deems it to be in the best interest of the City and its
residents to ratify the City Manager's declaration of an emergency, and authorize the execution
of all necessary documents for contracts for the labor and materials for the rental of a biosolids
dewatering centrifuge, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The emergency, as declared on July 9, 2021 by the City Manager is hereby ratified, the
City Council resolves that there is an emergency and adopts the foregoing recitals as findings,
and the City Manager's execution of all appropriate documents for the rental of a biosolids
dewatering centrifuge without calling for bids, is hereby ratified and approved.
ADOPTED BY THE CITY COUNCIL this 2' day of August, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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674, City of Yakima # 2108E
Emergency Purchase Order Justification
Requestor Name: Your Department/Division:
Mike Price PW/WW
Requestor Phone: Requisition (PR) Number:
5092496815
Requested Vendor: Cost Estimate(incl. TAX):
Aspen Rentals 100,000
Vendor's Address: I Vendor E-Mail :
23603 N Highway 288,Angleton,TX 77515 Iwortham@aspen-rentals.com
Vendor Contact Name: Vendor Phone:
Lance Wortham (979)236-2464
1. What is the emergency situation? Describe damages or loss of property or essential services that
are/may be a result of this emergency. (Attach extra sheet if necessary.)
WWTP biosolids de-watering centrifuges are being repaired. Rental unit required to avoid plant upset and cost of
hauling of liquid biosolids.
2. What labor and/or materials are required? Attach a copy of your quote or estimate.
Rental of a biosolids dewatering centrifuge.
3. Did vendor quote prevailing wages, if applicable (e.g. repairs, construction, maintenance)?
Yes No x
4. Was vendor informed of the Intent and Affidavit filing requirements with L&I?
Yes f No x
5. Does vendor have a current certificate of insurance on file with the City? Check ICE:
htlp://citvice/purchasing/contractor-Iistf
Yes NoI I
6. Are federal funds being used? If federal funds are being used, a cost price analysis
must be done at earliest opportunity and a copy sent to Purchasing.
Yes No x
STATEMENT OF NEED:
My division's recommendation for an emergency purchase order and waiver of the quote or bid requirements is based
upon an objective review of the emergency situation and appears to be in the best interest of the City.
1 understand that if this purchase is over $50.000, or if any change orders to this purchase increase the amount to
$50,000 or over, that our division must initiate and prepare necessary information(Resolution) to advise City Council that
there has been an emergency situation requiring immediate action.
Michael A. Price Digitally signed by Michael A.Price 7/2/21
1 Date:2021.07.02 1 1:51:0B-07'00'
Si ature f Divi• anagerr Date /
2. \� 1 —7/d/a
Signature of Department Head Date ///
3. 1 41 7/7/Z /
Re endation of Approvan y Purchasing Manager Date
4. v �� Lt '-31
Approval by City Manager
Date
Please complete entire form and forward to Purchasing.
Purchasing will forward to the City Manager for final approval.
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EQUIPMENT RENTAL AGREEMENT
Section 1 —PARTIES OF THIS AGREEMENT
This Equipment Rental Agreement is between Aspen Rentals, Inc.,a Texas Corporation, located
at 23603 N. Hwy. 288 in Angleton, Texas 77515("Lessor")and City of Yakima,WA.
("Lessee").
Section 2—NOTICES
Any notice,payment or document required or permitted to be delivered there under, except for the
notice of payment required pursuant to the terms hereof, shall be deemed to be delivered whether
actually received or not when deposited in the United States Mail, postage prepaid, Certified Mail,
addressed to the parties hereto at:
LESSOR:
Aspen Rentals, Inc
23603 N Highway 288
Angleton,Tx 77515
LESSEE:
Bill to Address: Ship to Address:
129 N.2°d Street 2220 East Viola Ave
Yakima,WA 98901 Yakima Washington 98901_
AP Contact: Mike Price Phone: 509.728.8104
Email: mike.price(a yakimawa.gov
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Section 3 -RENTAL EQUIPMENT:
Subject to the terms and conditions hereinafter set forth, Lessor hereby leases to Lessee, and the
Lessee hereby rents from Lessor a GEA Westfalia Model#CA-450-00-02 Decanter Centrifuge,
more specifically described and pictured as follows:
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• GEA-Westfalia,Model# CA-450-00-02,Decanter Centrifuge
• 40 Hp main drive and a 15 Hp back drive,pulling 3,200rpms.
• Large, air-conditioned, control room.
• Centrifuge bowl is approximately 18.5"wide by 56"long, 10-degree pitch.
• Electronic controls for bowl,conveyor,pumps,and polymer.(Conveyor is fully hardened.)
• 4" Sludge Feed Pump
• Flow meter for measuring the flow rate.
• Aspen Rentals polymer emulsion blending system and emulsion feed pump.
• Dewatered solids screw conveyor system.
• Control system with VFD, panel view operator interface and scroll drive controller.
This centrifuge is a two-phase unit and will require a 480 three phase, 100-amp breaker power
supply.
Note: Pursuant to Section 10,Operation,Maintenance,and Repair,parts will be shipped overnight
if possible; installation of parts and maintenance of the centrifuge are the responsibility of the
Lessee. Technicians are available for onsite repairs if needed,see Section 4 for rates.
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Additional Unit Specifications:
• This unit is 8'6"wide by 48' long and 38,0001bs.
• VIN#: 1 KKVE5 l 21 XL 116410
• License Plate: 055B5008
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Section 4—TERMS
1. Unless terminated pursuant to the provisions of Section 15, this Agreement shall commence on a
month-to-month basis the day the unit leaves the Aspen Rental facility in Angleton,Texas subject
to Lessor approval. This date is expected to be on or approximately 7/6/2021, (the
"Commencement Date")and shall expire on or approximately 08/07/2021(the"Expiration Date").
It is agreed and understood that the prices quoted in this agreement are for 1 month's rental
and payment is due within net 30 days. The LESSEE may verbally request a renewal or
extension at least ten(10)days prior to the Expiration Date of this contract. Once the terms of this
agreement have been satisfied, the rental rates may be extended daily or weekly on a prorated
basis. Prorated rental rates ar calculated by taking the monthly rate and dividing it by 30.
Pa I Initial here to accept prorated daily rate and extended terms.
2. In the event of a renewal or extension of this Agreement,LESSEE agrees to pay the sums specified
herein and to abide by the same terms and conditions specified in this Agreement, and hereby
acknowledges,confirms,and ratifies that all terms and conditions of this Agreement other than the
increased sums in Section 4, if any, shall remain in full force and effect.
Section 5—DELIVERY AND INSTALLATION
Lessee has opted to have the Equipment transported by Lessor,pursuant to Section 6 below.
Section 6—RENTAL RATES,LATE CHARGES AND COSTS:
1. Lessee agrees to pay to Lessor rent for the unit and all ancillary Equipment selected in this
section,paragraph 6,herein referred to as"Equipment."Rental rates are for 30-day periods of
usage unless otherwise stated. Rent payments are due net 30 from date of invoice.Rental shall
commence when unit leaves Aspen facilities and shall expire when unit or units arrive back at
Aspen's facility and pass all inspections. The first month's rent will be billed when the unit is
shipped. A deposit of$ 0.00 is required prior to shipment.The deposit is refunded after the
rental unit is returned and inspected for damages by Lessor. Deposit funds are subject to be
utilized as payment for damages to the unit.
' 9Iinitial here to accept terms of deposit funds.
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Section 6—RENTAL RATES, LATE CHARGES AND COSTS continued:
2. All payments from Lessee shall be made to Lessor by certified funds or electronic payment.
(Preferred method of payment is ACH)
3. Late Charges and Fees
a. The execution of this agreement(1)authorizes Lessor to charge interest on outstanding
balances past payment terms at an annual percentage rate of 18% or to the extent
permitted by law, whichever is less, (2) authorizes Lessor to charge a late fee of five
percent (5%) on outstanding balances past payment terms (3) authorizes the Lessee's
bank and trade references to release any requested information to Lessor for use in the
evaluation of this request for credit extension, and (4)acknowledges that Customer has
read Lessor terms and conditions and agrees to be bound by their terms.
b. It is agreed that monies owed to Lessor past net 30 days as per the invoice date,must be
paid prior to pickup of the press for return. Rental charges will continue to accrue until
past due monies are paid to Lessor and the unit is returned to the Lessor's facility in
Angleton,Texas.
c. It is expressly understood that all payment due dates are net 30 days from the invoice
date.
d. It is further understood and agreed that Lessor has full rights to legally access the
project sites to which their Equipment is being utilized for the sole purpose to safely
shut down all use of Lessor's Equipment for late or non-payments by Lessee.
4_ Lessee further agrees that any Technician whom Lessee intends to operate the Equipment shall
be fully trained in the operation of the Equipment and has been thoroughly trained in the safe
operation of the unit.
5. If Lessee contends that it is not obligated to pay sales tax on this transaction, Lessee
must attach a copy of a sales tax exemption certificate from Lessee or Lessee's
contracted client. If none is attached, Lessee will be responsible for all State and Local
Sales Tax associated with this Agreement.
6. See Equipment pricing options and make your selection:
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**All rental rates are based on a 3-month minimum. Prices are per month,per unit**
Pricing for Rental Unit Select Daily Hours Price
Centrifuge ; CF 2003—Westfalia CA-450-00-02 ® 24-Hrs $12,500
Pricing for Optional Ancillary Equipment Select Daily Ears. Price
Per Month/Per
Piece
4"Skid Mounted Filtrate Pump w/VFD ❑ 24-firs $1,850
6"Skid Mounted Filtrate Pump w/VFD ❑ 24-Hrs $2,520
4"Positive Displacement Pump ❑ 24-Hrs $3,360
Submersible Electric Pump 0 24-Hrs $2,220
40' Belt Conveyor w/Stand and Electrical Controls ❑ 24-Hrs $2,300
Automated Emulsion Polymer Make-Down System ❑ 24-Hrs $1,800
Polymer Tank and Mixer Make-Down System 0 24-Hrs $1,800
15 GPM Polymer Dosing Pump w/VFD and Stand ❑ 24-Hrs $1,560
50 GPM Polymer Dosing Pump w/VFD and Stand ❑ 24-Hrs $1,800
4"In line Grinder w/VFD Skid ❑ 24-Hrs $2,760
4"Camlock, 25' Long Hose ❑ 24-Hrs $120
2"Camlock, 25' Long Hose ❑ 24-Hrs $120
3/4"Camlock,25' Long Rubber Polymer Hose ❑ 24-Hrs $120
pp I
9� `initial here to acknowledge all selected equipment pricing
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7. Optional--Technician
Aspen Rentals charges a minimum daily rate of$1,200.00 for up to 12 hours of work per
technician, if necessary. It is not anticipated that any technician time will be necessary as
part of this agreement. However, if technician time is necessary via telephone, the
technician will charge the hourly rate of$135.00 per hour.
• At least 1 technician will be needed per 12-hour shift
• This rate includes all fees such as hours on-site, standby,driving,hotel and per diem.
• This rate does NOT include airline travel when necessary.
o Flights are billed at cost.
• Each additional hour over 12 hours is billed at$135.00 PER HOUR.
• The daily rate charges begin accruing once your technician departs from Aspen
Rentals until the time he arrives back to the Aspen Rentals facility. Estimated days of
travel will be provided if needed.
o Technician rate will be adjusted for prevailing wages.
8. Optional—Transportation
a. Mobilization shipping is quoted in this section by utilizing Aspen Rentals transport
services or by third party at a rate of cost plus a 20%markup. Lessee may use any
transporter they choose to save the additional 20%. Lessee must give a 10-day
advance for a demobilization date,or Lessee may have additional rental days
due to transportation delays or holidays. Mobilization charges are billed net 30
from day equipment leaves LESSOR facility. Demobilization charges are billed net
30 from the day the Equipment arrives back at LESSOR facilities.
** If Lessee has opted to demobilize press at their own expense. Lessee will be responsible
for all incidentals including but not limited to, tires, permits, DOT Violations, tickets, and
demurrage time. Lessee will be responsible for crane fees (if needed) even upon Lessee
arranged transport**
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�jainitial here to accept responsibility for LESSEE arranged transport option
ONLY.
b. Our transportation fees are as follows:
Transportation Type Departing From Arriving To Total Mileage Price Each Way
Standard Load Angleton, TX Yakima, Wa. 1,800 $10,140.00
TBD—see
Demobilization
Standard Load Yakima,Wa. Angleton,TX 1,800 above
2144 Initial here to acknowledge transport and or crane fees
Section 7—TITLE TO EQUIPMENT:
1. The Equipment shall at all times be and remain the sole and exclusive property of Lessor,
and Lessee shall have no rights, titles, or interests to the Equipment other than the right to
use the Equipment under this Agreement and pursuant to the terms and conditions herein
contained.
2. By signing this agreement,Lessee agrees that Lessor has full rights,titles and interests to the
Equipment and waiving and releasing any lien rights or other interests in and to the
Equipment.
3. Lessor and Lessee agree Lessor has the requisite authority and right to rent the Equipment to
Lessee on the terms and conditions specified herein.
Section 8—REMOVAL,INSPECTION AND RETURN
1. The Equipment shall not be removed from the place of its initial installation without the prior
written consent of Lessor. Lessee shall, at all times, allow Lessor or its agents or
representatives access to the project location and all rental Equipment to examine and inspect
the Equipment.
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2. Lessor may shutdown the use of Equipment or can remove the Equipment from Lessee's
premises if, after ten (10) days after the Expiration Date or any extension thereof, or upon
default of this contract, such Equipment that has not been returned to Lessor. In the event
Lessor is forced to retrieve the Equipment from Lessee's premises, Lessor shall be entitled
to all removal, storage,transportation and other costs and expenses associated with the
retrieval of the Equipment, as well as any late charges and per diem rent accruing after the
Expiration Date or any extension thereof. While the Equipment is in Lessee's possession,
Lessee agrees to keep the Equipment in good condition and in a safe manner pending such
removal.
3. Lessee shall be responsible for decontaminating the Equipment and shall deliver the
Equipment to Lessor in a clean and acceptable condition to Lessor. It is understood and
agreed that decontamination and cleaning are of extreme importance and must comply with
US DOT and EPA rules and regulations regarding vehicle/trailer cleanliness and waste
transport. Lessee shall give Lessor a written inventory of the condition of the Equipment
before its removal.
4. Prior to returning the Equipment, Lessor shall have the right to inspect the Equipment for
proper decontamination, cleaning, and damage. if damage other than routine wear is
found, Lessee shall immediately be financially liable to Lessor for all parts and labor
necessary to restore the Equipment to its pre-rent condition.
a. The existence and extent of damage and the necessity of repair and/or replacement of
the Equipment shall be at Lessor's sole discretion.
b. Lessee shall be notified within ten(10)days of return if any damage is alleged, and
provided evidence of such damage and an opportunity to dispute such damage within
ten (10)days of notification.
Section 9—INDEMNITY AND LIMITATION OF LIABILITY
1. Lessee agrees to defend,hold harmless and indemnify Lessor for any liability, claim, loss,
damage, injury(including personal injury)or expense of any kind or nature caused directly
or indirectly by Lessee's property and services at the project site,unless caused by gross
negligence by Lessor.
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2. Lessor agrees to defend, hold harmless and indemnify Lessee, its elected and appointed
officials, officers, employees, agents and volunteers for any personal liability, claim, loss,
damage, personal injury) or expense of any kind or nature caused directly or indirectly by
Lessor's property and services at the project site, unless caused by gross negligence by
Lessee.
3. Notwithstanding the foregoing, under no circumstances shall either party be liable to the
other party for any incidental, consequential, special,punitive, or other damages other than
actual direct damages to Lessor's Equipment. Any protection against liability for losses or
damages afforded any individual or entity by these terms shall apply whether the action in
which recovery of damages is sought is based on contract, tort(including sole,concurrent or
other negligence and strict liability of any protected individual or entity),indemnity, statute
or otherwise except for damages to Lessor's Equipment. To the extent permitted by law,any
statutory remedies which are inconsistent with these terms are waived.
4. To the extent that a skid mounted belt press or any other Equipment is maintained and
operated on site on the trailer that the press or Equipment is delivered on, the Lessee will
have the responsibility of ensuring that all OSHA and MSHA regulations are conformed
with, pertaining to the safety requirements of all operators on the unit. This includes, but is
not limited to, safety rails, enclosures, tie-offs, fall prevention and access points, electrical
connections,etc.
Section 10—OPERATION,MAINTENANCE AND REPAIR
1. Lessee shall comply with and conform to all Municipal, State and Federal laws, including
without limitation all environmental laws, relating to the maintenance, operation,and repair
of the Equipment. Lessee shall maintain the Equipment in good condition and running order
at all times during term of this Agreement and any extensions thereof but shall not be
responsible for normal wear and tear, save and except filter belts and damage caused by
Lessee's operations,for which Lessee shall be responsible.
2. Maintenance of the unit is the sole responsibility of the Lessee.Replacement parts(non-wear
items only) for the Equipment will be sent, at Lessor's expense, to the project site upon
notification from Lessee's representative,unless damage was caused by Lessee. Repairs at
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the project site to the Equipment, utilizing the parts sent by Lessor, will be by Lessee's
representative.
Initial here
3. The Equipment will be delivered to Lessee in good working condition, and monetary credit
will not be issued for time the Equipment is not in use during the contractual term unless
written exception is given by Lessor. Specifically, Lessor's rental Equipment downtime due
to; maintenance necessary by Lessee's fault, acts of God, operational and or contractual
issues associated with the Lessee's project will not in any way affect the monies owed by the
Lessee to the Lessor.
4. All additions, attachments, accessories, and repair parts at any time placed in or on the
Equipment shall be purchased by Lessee from Lessor and shipped next day to Lessee's
location for immediate repair to facilitate limited downtime to repairs. Lessor shall have no
responsibility for the maintenance of the Equipment from the time it is picked-up by Lessee
until it is returned to Lessor,except as herein provided.
5. Lessee agrees and understands that the Equipment shall only be used on non-hazardous
sludge. Lessee further acknowledges and confirms that Lessee is responsible for damages to
the filters or rollers if damaged by overloading.
Section 11 —RISK OF LOSS AND INSURANCE
1. All risk or loss or damage of the Equipment shall be borne by Lessee from and including the
arrival date of this Equipment on Lessee's property through and including the exiting
Lessee's property.
2. In the event that the Lessee arranges,contracts and/or provides transportation for above listed
Equipment,it will be the Lessee's responsibility to ensure that suitable insurance, as defined
by attached rider specifications, is in place from the date the Equipment leaves Lessor's
property to the time that it is returned to Lessor's property at the end of the term of this
contract.
3. At all such times, Lessee shall have and maintain insurance with respect to the Equipment
against risks of casualty, fire (including so-called extended coverage), theft and all other
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insurable risks, in the amounts specified on Exhibit "A," attached hereto and incorporated
herein by reference. All such policies shall name the Lessor as an additional insured as
Q-141 Initial here
respects liability arising from work or operations performed by or on behalf of Lessee
(excluding Workers' Compensation/Employer's Liability coverage), but only to the extent
losses are caused by: (1)operations performed by or on behalf of the named insured,and(2)
Lessee's negligence or willful act or omission. Lessee shall deliver to Lessor,a certificate of
insurance,the policies themselves,or other evidence of insurance satisfactory to Lessor on
or before the Commencement Date. Lessee covenants and warrants not permitting such
insurance to lapse and, should such a lapse occur, to promptly notify Lessor and reinstate
such insurance coverage.
Section 12—DAMAGE, DESTRUCTION OR THEFT
Notwithstanding damage caused by something other than normal wear and tear to the Equipment,
Lessee agrees to continue to pay the amounts set forth in Section 4. Lessee shall have the
responsibility for the repair of the damaged Equipment, and Lessee shall repair or cause the
Equipment to be repaired after the damage to the satisfaction of the Lessor and at Lessee's sole
cost and expense. In every such instance, Lessor will reimburse Lessee for the cost of repair to
the extent Lessor recovers any insurance proceeds covering such damage. In the event the
Equipment is destroyed, stolen or damaged beyond repair, Lessee shall forthwith pay to Lessor
the agreed-upon replacement value set forth below for the Equipment less(a)the salvage value,
if any,of the Equipment,and (b)any insurance proceeds actually received by Lessor because of
such destruction, theft, or damage. The parties hereto agree that the replacement value of the
Equipment during the term of this Agreement and any extension or renewal period that is
specified on page 13 of this contract in Section 18,Article 2.Property Equipment Coverage for
the Centrifuge and trailer.
Section 13—ASSIGNMENT AND SUBRENT BY LESSEE
Lessee may not assign this Agreement or sub rent the Equipment without the prior written
consent of Lessor. In the event Lessor consents to any such assignment or subletting, such
assignment or subletting shall not relieve Lessee of its obligations under this Agreement unless
otherwise agreed to by Lessor in writing.
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Section 14—ASSIGNMENT BY LESSOR; RIGHTS OF ASSIGNEE
The Lessor shall have the right to sell or assign this Rent Agreement, including its rights, title
?-U'I
Initial here
and interest to the Equipment and the rent and other charges reserved herein, without notice to
or the consent of Lessee. In the event of any such assignment by the Lessor, the Lessee
acknowledges that the assignee shall thereupon acquire all of the rights and remedies possessed
by or available to the Lessor. Upon receiving written notice of any such assignment,the Lessee
shall thereafter make rental payments as therein directed.
Section 15—EVENTS OF DEFAULT AND REMEDIES
1.The following events shall be deemed to be events of default by the Lessee under this
Agreement:
a) Lessee shall fail to pay any installment of the rent or any of the other amounts owing under
Section 4 when due and payable, and such failure shall continue for a period of thirty (30)
days.
b) Lessee fails to comply with any other term,provision or covenant of this Rent Agreement
and does not cure such failure within thirty (30) days after receipt of written notice thereof
by the Lessor.
c) A change of control within Lessee occurs. For purposes hereof, the term "Change in
Control" shall be deemed to occur if(I) there shall be any sale, lease, exchange or other
transfer (in one transaction or a series of related transactions) of all, or substantially all, of
the assets of the Lessee, or (2) the directors or partners of any entity of the Lessee shall
approve any plan or proposal for liquidation or dissolution of the Lessee, or(3) any person
shall become the beneficial owner of 51%or more of the outstanding interests of any entity
of the Lessee other than those persons who are, as of the date of this Agreement, beneficial
owners of any entity of the Lessee.
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d) Lessee becomes insolvent or unable to meet its obligations as they mature,make a general
assignment for the benefit of creditors, or consent to the appointment of a trustee or a
receiver, or admit in writing its inability to pay its debts as they mature.
e) The appointment of a trustee or receiver for the Lessee or for a substantial part of the
properties of the Lessee without the consent of the Lessee.
()Ai Initial here
f) The commencement of bankruptcy, reorganization, arrangement, insolvency, or
liquidation proceedings by or against the Lessee and, if instituted against it, the same being
consented to by the Lessee or remaining undismissed for a period of ninety(90)days.
2. Upon the occurrence of any event(s) of default, the Lessor shall have the right to declare the
balance of the rental and other charges payable hereunder to be immediately due and payable
and shall have the immediate right to retake and retain the Equipment. Lessor shall further have
any and all other rights afforded to it by law or at equity. Lessee and each surety, endorser,and
guarantor, if any, waive all demand for payment, presentation for payment, notice of intention
to accelerate maturity, notice of acceleration of maturity, protest, and notice of protest, to the
extent permitted by law. In the event a lawsuit is necessary to enforce and protect Lessor's rights
and interest under this Agreement,Lessee agrees to pay Lessor's attorneys' fees and legal costs.
Section 16—TERMS AND CONDITIONS
The terms,provisions,covenants, and conditions contained in this Rent Agreement shall apply to,
inure to the benefit of,and be binding upon the parties hereto and upon their respective heirs,
representatives,successors,and permitted assigns except as otherwise expressly provided.
Section 17—CHOICE OF LAW AND JURISDICTION
In the event of a dispute regarding the terms,provisions,construction or enforcement of this
Agreement, the parties agree that law shall apply, and Lessee hereby submits itself to the sole
jurisdiction of courts sitting in Yakima County,Washington, for purposes of resolving such a
dispute.
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Section 18—ENTIRE AGREEMENT
This instrument including Addendum A contains the entire Agreement between the parties. This
Agreement may not be amended,altered,or changed except by an instrument in writing signed by
both parties hereto.
'1 ' Initial here
Section 19—ASPEN RENTALS INSURANCE REQUIREMENTS FOR LESSEE
1. Comprehensive General Liability
a. With limits not less than:
Bodily injury:
• $1,000,000 any one occurrence
• $1,000,000 aggregate
Property damage:
• $1,000,000 aggregate
b. Including the following:
• Contractual liability applying to the liability assumed by the Lessee under this
contract.
• Projects/Completed Operations Coverage
• Lessee's Protective Liability, insuring work sub-let.
• Personal Injury.
• Lessor shall be included as an additional insured.
2. Property Equipment Coverage for the unit and conveyor
•Coverage for the rental "Equipment"of$250,000.00(per unit) for primary Equipment.
•Coverage for the rental"Equipment"of$25,000.00(per unit)for portable pumps.
•Coverage for the rental "Equipment"of$25,000.00 (per unit)for polymer systems.
•Coverage for the rental"Equipment"of$23,000.00 (per unit)for stacking conveyor.
3. Workers Compensation
a. Statutory requirement for State in which work is performed.
Employer's liability with $100,000 limits.
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AInitial here to acknowledge insurance requirements.
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Section 20—EXECUTION OF CONTRACT AGREEMENT
LESSEE: City of Yakima,Washington
Please sign: "ti-i9.-‘,
Please print: Robert Harrison
Title: City Manager
Date: Ilkti
LESSOR: ASP`RENTALS,INC
Please si .
Please print: Lance Wortham
Title: Controller
Date: 7/2%C.2,
Please submit the following items with the executed contract:
• Proof of Insurance
• Tax Certificate(if applicable)
Thank you for your business.
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Addendum A
1) Rental cost for three(1)month period.The proposal should state when the rental period
begins and ends.
a. Begins on the day, the equipment ships. From port hole to port hole.
b. Ends on the day the equipment is received by Aspen.
2) Cost for additional time if the equipment needed for longer than three(1)months.
a. (Assumes that the equipment is available for longer than three(1)months. )
b. Rental will continue at the rate of$12,500 per month. Minimum of 1 month.
3) Deduct if rental equipment is needed for less than(1)three months(one month
minimum)
a. Rental will be pro-rated at an amount of$416.67 per day
i. Rent continues until the day the machine is returned to Aspen Rentals.
4) Cost for supervision to install,train and/or remove equipment
A
5) Cost for labor to operate equipment 24/7 during the rental period. N/A. Lessor agrees
that Lessee's personnel have adequate training and ability to operate this equipment.
6) Transportation of equipment to and from City of Yakima,Wa.
a. 510,140.00
7) Cost to train City of Yakima personnel to operate centrifuge with periodic supervision by
equipment supplier.
a. A technician will be provided to train City of Yakima employees to run the
centrifuge if necessary. Training can take anywhere from 3 to 10 day depending
on the experience level of the trainees.
8) Confirmation in proposal that the equipment checked/inspected by equipment supplier
PRIOR to shipment confirming that all equipment is in good working order—ready to
run
a. Aspen Rentals will verify that the equipment is fully operational upon shipping.
i. Credit for damaged equipment not caused by shipping will be at $416.67
per day
ii. Damage could occur during shipping, which is the responsibility of Lessor
since Lessee is paying for Lessor to ship the Equipment.
9) If there is a major equipment breakdown(i.e.,repairs take 5 days or longer),the credit to
be received by City of Yakima
a. For repairs taking more than 5 business days a credit in the amount of$416.67 per
day will be granted.
i. Business day is determined as Monday—Friday
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10)Who is responsible for the cost of repairs?
a. Aspen Rentals will be responsible for all repairs with the following exception
i. Wearable items such as:
l. Sludge seals
2. Damage caused by processing solid fore Rocks,Wood knots or
other large foreign objects entering the centrifuge.
3. Damage caused by electrical spikes or low voltage to the
equipment.
4. Any damage to the scroll or bowl.
11)Who is "acceptable"to accomplish the repairs?
a. Aspen Rentals is responsible for seeing that all repairs are completed in a timely
manner by Aspen technicians or other approved personnel.
12)proposed payment terms
a. Payment for shipping will be due at the time of shipping.
b. Rent will be due Net 30
13)How long after a Po is issued will the equipment be ready to ship?(i.e., 1 wks.)
a. Once a PO is issued and the unit can typically be mobilized in 72 hours and on
site within 5-7 days. Keep in mind the Monday 07/05/2021 is a holiday.
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