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Home My WebLink AboutContract 45997 CITY SECRETARY PENTAIR CONTRACT NO. a Proposal for BMF pilot unit Eagle Mountain water Treatment Plant-First Quotation 5603 PENTAIR Quotation for X-Flow OF pilot unit Eagle Mountain Water Treatment Plant quotation no. : 5603 Project number; 705603 Status First Quotation Approved by Name Date Approved Sales and Marketing Director Alejandro Roman July 26"' 2014 Approved Head Pilot Department M.Teggeler July 26"' 2014 Author(s) M.Teggeler This document is property of Pentair Filtration Solutions,LLC.Nothing from this document may be duplicated and/or published without written approval of the owner 0 2014 Pentair Filtration Solutions,LLC Revision History Date Rev Section , • r C) 8-August-2014 2 Three quotation R. Donofrio m 3-July-2014 1 Second quotation R. Donofrio rr R 26-July-2014 0 First quotation MTE C OFFICIAL RECORD CITY SECRETARY Page 1 of S N FT.WORTH,TX s PENTAIR Proposal for BMF pilot unit Eagle Mountain water Treatment Plant-First Quotation 5603 Table of Contents 1 Prices and Delivery terms............................................................................................3 1.1 Prices.................................................................................................................3 1.2 Inclusions: Pentair responsibility...........................................................................3 1.3 Exclusions:Client responsibility.............................................................................4 1.4 Terms of delivery.................................................................................................4 1.5 General..............................................................................................................5 Page 2 of 5 +� PENTAIR Proimsal for BMF allot unit Eagle Mountain water Treatment Plant-First Quotatlon 5603 1 Prices and Delivery terms i.i Prices The total costs for the rent of the X-Flow OF pilot unit and the related services as described in this quotation are listed in the table below. i►• e Rental costs for X-Flow pilot unit(3 months) 18,000 Costs for support: 7,000 — Travelling costs — Board and lodging costs — Daily allowance — 1 week on-site operation by Pentair engineer — Training and start-up assistance Costs for membranes used during pilot testing period 0 Transport costs 13,000 Total costs for pilot testing period 38,000 6 Extension of the pilot rental period is possible after consulting Pentair for$6,000 per month. 1.2 Inclusions:Pentair responsibility ✓ Preparation of the pilot; ✓ 1 week commissioning on site; ✓ Operator training during the commissioning period; ✓ Conduct the pilot test, perform CIPs,and select operating parameters and cleaning regimes in accordance with the test stages and test schedule(defined later in this protocol)to achieve optimal performance; ✓ Process optimisation; ✓ Analysing the performance; ✓ Provide timely consultation,equipment repair and replacement services during the pilot study; ✓ Calibrate pilot system flow and pressure instrumentation per the pilot protocol requirements and instrument manufacturer instructions; ✓ Compile,analyze,and summarize all pilot data on a weekly basis and provide to the City and Engineer in Microsoft Excel file format; ✓ Participate in a conference call every two weeks to discuss the pilot study. Additional calls may be scheduled upon agreement between the City,Engineer,and Vendor. Emergency calls will be required in the event of any equipment malfunction that stops testing; ✓ Furnish a final pilot testing report; ✓ Provide one pilot-tested membrane module to the City for autopsy; Page 3 of 5 PENTAIR I Proposal for BMF pilot unit Eagle Mountain water Treatment Plant-First Quotation 5603 ✓ Remove the pilot system from City property following completion of pilot testing. 1.3 Exclusions:Client responsibility ✓ Prepare a solid level space for 20 ft container ✓ Supply suitable connections for water,electricity and waste discharge up to pilot plant ✓ Connect feed water, electricity and waste discharge ✓ Support by building up the pilot ✓ Supply internet connection for data-transfer and remote pilot control ✓ Ordering and handling chemicals ✓ Support during commissioning ✓ Day to day operation of the pilot ✓ Solve small failures ✓ Sampling and analysing the different water flows ✓ Chemicals used for membrane cleaning ✓ Disconnect pilot at end of pilot trial and prepare for return transport 1.4 Terms of delivery Invoice :50%after pilot delivery :50%After completion Validity of quotation : 1 month after date of issue Payment :30 days after received invoice Delivery : ExWorks Pentair's dock Delivery time :At this moment is foreseen: Pilot unit to arrive on site:July Insurance :The prices quoted include insurance costs of the equipment during transport.Client must take care of the insurance during the period that the pilot is present on the site.The insurance value of the equipment is app.$ 210,000. Cleaning and repair costs: Pentair assumes that after completion of the test the equipment will be cleaned and returned completely. 1.5 General Page 4 of 5 PENTAIR Proposal for SMF pilot unit Eagle Mountain water Treatment Plant-First Quotation 5603 The attached Rental Terms and Conditions shall apply to this Proposal. Page 5 of 5 PENTAIR RENTAL TERMS AND CONDITIONS These terms and conditions shall govern the rental of the equipment listed in Quotation 5603 (the "Proposal"), to which these terms and conditions are attached. 1. Equipment Rented. Provider rents to Customer and Customer rents from Provider the equipment listed in the Proposal(the"Equipment"). 2.Term. The term of this Agreement is as outlined in the Proposal. 3. Title and Location of Equipment. The Equipment shall at all times remain the property of Provider and Customer shall acquire no right, title or interest in the Equipment except the right to possession and use of the Equipment for the Term of this Agreement, upon the terms and conditions of this Agreement. Customer shall not make or cause to be made any modifications, additions or improvements to the Equipment without Provider's prior written consent. Customer shall not sell, assign, sublet, pledge, hypothecate or otherwise encumber or permit any lien, charge or encumbrance upon any interest in this Agreement or the Equipment. Customer shall keep and maintain the Equipment at Customer's address as provided herein and shall not remove the Equipment from said location without the prior written consent of Provider. 4. Use and Preservation of Equipment. Customer shall use the Equipment in a careful, proper and lawful manner and in such use shall comply with all applicable laws and regulations. Customer shall maintain the Equipment in good condition and repair, ordinary wear and tear excepted. Customer's use and repair of the Equipment and the replacement by Customer of any parts used with the Equipment shall comply with Provider's specifications for the Equipment and replacement parts. Customer assumes all risks of loss and damage to the Equipment from any cause whatsoever. 5. Taxes and Fees. To the extent any are due, Customer shall pay all taxes, assessments, licenses, and registration fees that may now or hereafter be imposed on the ownership, leasing, possession, or use of the Equipment. Customer shall furnish Provider satisfactory proof that such payment has been made before such taxes, assessments, license and registration fees become delinquent. 6. Default. If Customer fails to perform any of the conditions or covenants of this Agreement, Provider may exercise any one or more of its rights and remedies under law or in equity, including, but not limited to, termination of this Agreement, repossession of the Equipment (with or without judicial process, it being expressly agreed that Provider may repossess the Equipment by using "SELF-HELP" provided Provider does not breach the peace or damage any of Customer's appurtenances to the Equipment), such rights and remedies being cumulative and independent and the exercise of any such right(s) and remedy(ies) on any occasion shall not preclude the exercise of the same or additional or alternative rights on any such other occasion. 7. Indemnity. To the extent permitted by law, Customer shall indemnify, protect, defend and hold Provider harmless from and against any and all demands, claims, costs, losses, damages and liabilities, including attorneys' fees and court costs, arising from the Equipment or the possession, operation or use thereof. B.Warranties. Customer shall be entitled to Provider's standard written warranty applicable to the Equipment. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES TO CUSTOMER OR ANY OTHER PERSON OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER This Information is the property of Pentair Filtration Solutions,LLC and is considered confidential information thereof. It is not to be copied,communicated,or distributed without the express written consent of Pentair Filtration Solutions,LLC. P E wr I WHATSOEVER, INCLUDING,WITHOUT LIMITATION,WITH RESPECT TO THE SIZE, DESIGN, CAPACITY, CONDITION, QUALITY, DURABILITY, SUITABILITY, MANUFACTURE OR PERFORMANCE OF THE EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding anything herein or in the Standard Warranty to the contrary, and without limiting any exclusion of warranties provided herein, Customer agrees and acknowledges that Provider shall not be responsible or liable for any loss of business or other consequential loss or damage, whether or not resulting from the performance, fitness, usefulness or other condition of the Equipment. 9. Transport and Return of Equipment. Customer shall be responsible for payment of all transportation charges to and from the place of installation and shall bear the risk of loss or damage during transport. Freight charges to Customer's location will be pre-paid and added to invoice_ Upon early termination of this Agreement, Customer shall, immediately return to Provider the Equipment in the same condition as when delivered, ordinary wear and tear excepted, at Provider's delivery point or such other place Provider shall designate in writing. If the agreement is terminated early for convenience, the terminating party shall bear the cost to return the Equipment. If the agreement is terminated for cause, the defaulting party shall bear the cost to return the Equipment. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of laws provisions thereof. The parties waive any objection to jurisdiction or venue of the state or federal courts sitting in the State of Texas. 11. Entire Agreement. These Terms and Conditions along with the Proposal constitutes the entire agreement of the Parties with respect to its subject matter, supersedes all prior agreements, if any, of the Parties with respect to its subject matter, and may not be amended except in a writing signed by the Party against whom the change is being asserted. This information is the property of Pentair Filtration Solutions,LLC and is considered confidential information thereof. It is not to be copied,communicated,or distributed without the express written consent of Pentair Filtration Solutions,LLC. Executed and effective as of the date subscribed by the City's City Manager or Assistant City Manager. BY: BY: CITY OF FORT WORTH Membrane Pilot Rental Unit Supplier Fernando Costa ame: Assistant City Manager Title: Date: 9 f 30l/4 Date: APPROVAL RECOMMENDED: By. - ANAW Cro,bm-g P.E. :i:n+e ;% Director, Water Department APPROVED AS TO FORM AND LEGALITY P,,) rv��gq�By: Douglas W. Black Assistant City Attorney W .� ° °ayser �,°°°°°°°°°°°°°* City Secretary F'jrAS M IAL RECORDSECRETARY ORTHS TX