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HomeMy WebLinkAboutContract 45820ciltv orcrnmiar CONTRACT MOD qt 'TORAY' Innovation by Chemistry TORAY PRESSURIZED UF PILOT UNIT RENTAL AGREEMENT FOR THE CITY OF FORT WORTH PILOT STUDY MODEL: HFU-2020N Proposal No. 100266 rev. 5 Submitted to: Mr. Christopher C. Boyd, Ph.D. Alan Plummer Associates, Inc. 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 USA Tel: 817.806.1700 E-mail:cboyd@apaienv.com i is W Goo Pm' * tti�ri %wit Weis Submitted by: Susan Guibert, P.Eng. TORAY Membrane USA, Tnc. 13435 Danielson Street ' ©i 'ficibi L [2.LCnR? Poway, CA 92064 1 Ciffill } F ©CAE t rin2V USA�,�t !, ,triir 1�-�r,�� �! r 1 y/ d u \\ iJ Lj d 1 El ti Tel: 858-382-2813 E-mail: guibert.sue@toraymem.com July 29, 2014 IM1 CEIvrj AUG 'TORAY' Innovation by Chemistry Table of Contents 1 Executive Summary 3 2 TORAY Industries, Inc. and TORAY Membranes 4 3 Process Description using Toray PRESSURIZED UF Modules 5 4 Toray TIPS Fiber and Membrane Module 8 4.1 PRESSURIZED Hollow Fiber Membrane 8 4.2 PRESSURIZED Membrane Module 10 4.3 Specifications of Toray PRESSURIZED UF Modules 11 4.4 Characteristics of Toray PRESSURIZED UF Modules 12 5 Scope of Supply 13 5.1 Scope of Supply (by TORAY and WesTech Engineering) 13 5.2 Scope of Supply (by OTHERS) 14 5.3 Terms & Conditions 15 Appendix 1 - TORAY Membrane Industries Standard Terms & Conditions 16 31-JuI-14 Proposal No. 100266 rev. 5 Page 2 of 17 'TORAY' Innovation by Chemistry 1 Executive Summary TORAY, a world leader in the development & manufacture of advanced membranes for the treatment of water & wastewater, is pleased to offer the following technical & commercial proposal: Client City of Fort Worth Application Surface Water Project Name Eagle Mountain Water Treatment Plant Membrane Pilot Study Pilot Site Location Fort Worth, TX Average Daily Flow TBD With over 35 years of experience in membrane technology for water & wastewater applications, TORAY offers the broadest portfolio of advanced membranes in the industry. For this specific pilot study, and based on the design parameters provided to us by the client or the client's representative, we are pleased to offer the following: Module Type H FU-2020N Number of Modules 1 Pilot Unit Name WesTech's ALTAPAC APIII Ultrafiltration Pilot System Delivery Date of unit July 2014 For the above -noted product supply, our proposed pricing is: ,' Five (5) Month Pilot Study : S9,790 US per month If required, a sixth (6th) month is available for no extra charge. Beyond 6 months additional fees may apply. The above -noted pricing is subject to the TORAY Membrane Industries Standard Terms & Conditions, described in Appendix 1 of this proposal. We appreciate this opportunity to offer our proposal for this project and we look forward to working with you on the development of the optimum solution for this application. We would be pleased to discuss & clarify any questions or concerns you may have regarding our technology or this proposal. 31-JuI-14 Proposal No. 100266 rev. 5 Page 3 of 17 'TORAY' Innovation by Chemistry 2 TORAY Industries, Inc. and TORAY Membranes Founded in 1926, TORAY is a world leader in the development and manufacture of advanced materials for a vast array of applications, from textiles to carbon fiber composites and from electronic materials to water treatment membranes. Deploying its expertise in materials research & manufacturing excellence, combined with its commitment to innovation, TORAY is a worldwide chemical conglomerate with operations that cover the full spectrum of supply, ranging from basic materials to processed products. Today, TORAY employs almost 40,000 people at over 200 facilities around the globe, and generates annual revenues in excess of US$18 billion. Expanding from its core businesses of fibers, textiles, plastics & chemicals, TORAY has become a major force in strategically expanding & developing businesses such as IT -related products, carbon fiber composite materials, environmental technologies and life sciences. TORAY's Corporate Guiding Principles focus on "placing top priority on safety, accident prevention and environmental preservation". Our vision is to make a global contribution toward conserving resources and protecting the environment to develop a sustainable recycling -oriented society. In recognition of its environmentally friendly business activities, including its involvement in such areas as seawater desalination, water treatment and carbon fiber composite materials businesses as well as for its CSR activities targeting climate change prevention and sustainable social growth, energy saving measures and betterment of the workplace, TORAY was honored by receiving the 2008 Humanitarian Award from the United Nations Association of New York. A pioneer in the application of membranes to the treatment of water, TORAY began its reverse osmosis (RO) development program in 1968. Today, TORAY offers the most extensive portfolio of water treatment membranes in the industry- RO, nano -filtration (NF), ultra - filtration (UF), micro -filtration (ME) and membrane bioreactor (MBR) membranes -combined with a globally -recognized expertise in the successful application of these technologies to some of the world's most challenging water treatment situations. 31-Jul-14 Proposal No. 100266 rev. 5 Page 4 of 17 'TORAY' Innovation by Chemistry 3 Process Description using Toray PRESSURIZED UF Modules Feed water is pumped to the membrane modules at a maximum feed pressure of 43.5 psi. Particulate matter, including Virus, Giardia cysts and Cryptosporidium oocysts, remain on the outside of the membrane fiber while permeate enters through to the inside of the hollow fibers and exits the top port of the membrane module. The filtration cycle continues for approximately 30 minutes, depending on recovery and flux, and then the particulate / suspended solids are removed from the module during the backwash cycle. In the backwash cycle, feed to the module stops and filtrate from the backwash tank is directed into the hollow fibers for approximately 30 - 60 seconds. The top -side port is open allowing the excess water to overflow to drain. Next air bubbles scour the membranes for 30 - 60 seconds and then the module is drained. The overall backwash cycle requires approximately 3.25 minutes. Chemicals may be added to the backwash water if required. The default chemical is normally sodium hypochlorite used when high levels of organic fouling are encountered. Additionally, Toray Maintenance Cleans (TMC) may be performed from once a week to twice a day depending on the application. TMCs are initiated after the backwash cycle and involve soaking the membranes in a concentrated chemical solution for approximately 20 minutes. During the soak period aft bubbles scour the membrane every 5 minutes for approximately 30 seconds. The cleaning solution can be neutralized in a neutralizing basin by dosing a neutralizing chemical i.e. sodium bisulfate or sodium hydroxide into the basin before sending the used cleaning solution to drain. The overall TMC cycle requires approximately 30 minutes. CIP Cleaning is performed when the TransMembrane Pressure (TMP) approaches the maximum of 29 psi. CIP cleaning is similar to a TMC except the soak period is longer and the chlorine concentration is higher. Typical duration for a CIP cleaning is 2-4 hours. For drinking water systems, Membrane Integrity Tests (MITs) can be done by pressurizing the module with compressed air on the feed side of the fiber at a minimum pressure of 100 kPa (14.5 psi) up to a maximum pressure of 124 kPa (18 psi). Once the water has been purged from the system the pressure in the module is monitored and recorded to evaluate the membrane integrity. At the end of the test the air is purged and the system returns to normal operation. The test lasts approximately 7 to 12 minutes. The design of the feed supply to the membrane system should take into account the intermittent operation of the UF system. Since the feed flow stops to the membrane trains that are either in backwash, TMC, CIP or MIT cycle the feed design needs to include one of the following: 1. Feed tanks to equalize flow 31-JuI-14 Proposal No. 100266 rev. 5 Page 5 of 17 TORAY7 Innovation by Chemistry 2. Variable Frequency Drives (VFD's) on feed pumps to control flow during Filtration, Backwash, TMC, CIP or MIT operation cycles 3. Additional module capacity to treat the feedwater while one train is offline 31-Jul-14 Proposal No. 100266 rev. 5 Page 6 of 17 'TORAY' Innovation by Chemistry Advantages of using membranes in a direct filtration process are: • High removal of virus, parasites, bacteria and turbidity • higher suspended solids concentrations possible • extremely limited chance of breakthrough high recovery rates • low energy and chemical consumption • treat high amounts of TSS (>50mg/I) in feed water possible (tertiary application) • reuse of treated water (tertiary application) As a supplier of the solids -liquid separation technology, TORAY provides the PRESSURIZED UF membrane modules, which are a critical component of the system. However, depending on the characteristics of the application, the system may require a range of pre and post treatment unit operations to be provided by the system integrator (OEM) such as chemical injection systems, flash mixing, flocculation tanks, and disinfection systems. These treatment systems are in addition to the standard equipment for an Ultrafiltration system, which could include pre-screening, feed equalization, feed pumps, blowers for air scouring, chemical and backwash pumps and a control system and data acquisition system. While TORAY can provide guidance on the development of the overall UF process and recommendations on key parameters, TORAY does not accept responsibility for the overall process. The system design is the responsibility of the system integrator (OEM) and is expected to be designed to good engineering principles, by design engineers with appropriate expertise & experience in such technology. 31-JuI-14 Proposal No. 100266 rev. 5 Page 7 of 17 4 Toray TIPS Fiber and Membrane Module 4.1 PRESSURIZED Hollow Fiber Membrane The hollow fiber membrane is made of PVDF (Poly- vinylidene Fluoride).The Cross section of the structure is shown in Figure 1. The Flow direction is from outside to inside. Toray Membrane Industries has two different types of pressurized hollow fiber products: HFU: Pore Size 0.01 micron HFS: Pore Size o 0.02 micron 'TORAY' Innovation by chemistry Flow Direction (Outside -in) Cross Section Figure 1- Hollow Fiber The membrane is manufactured by a special spinning "Modified TIPS" method developed by TORAY. As a result of this method the membrane can operate at a very high filtration flux with fewer fiber breakages compared to other PVDF hollow fiber membranes. 31-JuI-14 < Spinning Method > NIPS TIPS (LL Phase Separation ) TIPS (S-L Phase Separation ) TIPS ( Newly developed S-L Phase Separation ) 0 500 1,000 1,500 Strength (g/fiber) Proposal No. 100266 rev. 5 Page 8 of 17 31-JuI-14 'TORAY' Innovation by Chemistry Figure 2 — Toray's Newly developed S-L Phase Separation TIPS Proposal No. 100266 rev. 5 Page 9 of 17 4.2 PRESSURIZED Membrane Module 31-JuI-14 'TORAY' Innovation by Chemistry Filtrate Backwash a alb 2,160 mm aiib.— .__ ahRibliesi Air out & Vent Nis HF Membrane > 216mm M Caskig flirt f Feed Drain Proposal No. 100266 rev. 5 Page 10 of 17 Membrane Module 'TORAY' Innovation by Chemistry The PRESSURIZED module housing is PVC. Maximum recommended operating trans -membrane pressure is 2 bar (29 PSI). The flow direction is from outside -to - inside. This operation mode is especially suitable for high turbidity water treatment because the air -scrubbing can be adopted to remove suspended solid effectively and eliminates the risk of fiber plugging that could be encountered in inside -out systems. A typical TORAY PVDF Hollow Fiber Membrane Module "HFU-2020" or "HFS-2020" is shown on the right side of this page in Figure 3. Figure 3 - Pressurized Module 4.3 Specifications of Toray PRESSURIZED OF Modules Figure 4 and Figure 5 below detail the differences between the different Toray module configurations. Module Type Flow Configuration & Direction Material Nominal pore size Membrane Area Diameter Length Weight (wet) Weight (dry) Inlet Pressure (max; Housing Potting Material Gaskets 775 ft2 8.5" 85" 242 Ibs 147 Ibs HFS-2020 HFS-2008 1 HFS-1020 Dead-end , Outside - in poly (vinylidene fluoride) (PVDF) 0.02 pm 312 ft2 8.5„ 43.3" 132 Ibs 88 Ibs 124 ft2 35" 78.7 37.4 Ibs 24.2 Ibs 43.5 psi / 300 kPa Polyvinylchloride (PVC) Epoxy Resin EPDM HFS-1010 75 ft2 4.5" 43 3" 33 Ibs 17.6 Ibs Figure 4 - HFS Modules: California Department of Public Health (CDPH) Certified and NSF 61 Approved Ali' Innovation by Chemistry Module Type HFU-2020 HFU-2008 1 HFU-1020 1 HFU-1010 Flow Configuration & Direction Dead-end , Outside - in Material poly (vinylidene fluoride) (PVDF) Membrane Nominal pore size 0.01 «m / 150,000 MWCO Membrane Area 775 ft2 124 ft2 312 ft2 75 ft2 Diameter 8.5" 3.5" 8.5" 4.5" Length 85" 78.7 43.3" 43.3" Weight (wet) 242 Ibs 37.4 Ibs 132 Ibs 33 Ibs Module Weight (dry) 147 Ibs 24.2 Ibs 88 Ibs 17.6 Ibs Inlet Pressure (max 43.5 psi / 300 kPa Housing Polyvinylchloride (PVC) Potting Material I Epoxy Resin Gaskets I EPDM Figure 5: HFU Modules: In Process of being Certified by California Department of Health (CDPH) 4.4 Characteristics of Toray PRESSURIZED OF Modules (1) High Filtration Flux Provides high filtration flux and stable operation for the filtration of various raw water sources (2) Excellent Treated Water Quality Provides extremely low turbidity permeate due to the small pore size and to the uniformly high pore density. (3) High Mechanical Strength The membrane has very high mechanical strength due to the selected membrane material (PVDF) and the special spinning method developed by Toray. (4) High Chemical Durability The membrane material is PVDF, which allows cleaning the membrane with high concentrations of chlorine and acid. 31-JuI-14 Proposal No. 100266 rev. 5 Page 12 of 17 'TORAY' Innovation by Chemistry 5 Scope of Supply 5.1 Scope of Supply (by TORAY and WesTech Engineering) Item One skid -mounted WesTech AltaPac III OF Pressurized Pilot Unit comes complete with the following: 1. BASIC PILOT PLANT SPECIFICATIONS: POWER SUPPLY REQUIREMENT: SHIPPING WEIGHT: PILOT PLANT DIMENSIONS (LxWxH): CONNECTION SIZES: 2. EQUIPMENT: The pilot unit will include the following equipment: 230 V / 60 Hz / 1 Phase (system) 230 V / 60 Hz / 1 Phase (Compressor) 2,000 lbs 9'-10" x 4'-10" x 11'-8" 2" Feed, Filtrate, and Backwash/Drain ■ One (1) powder coated, welded steel skid ■ Schedule 80 PVC piping ■ One (1) 316L SS feed pump / CIP pump w/ premium efficiency motor (Goulds) ■ One (1) 316L SS backwash supply pump w/ premium efficiency motor (Goulds) ■ One (1) 200 micron, automatic backwashing prestrainer (Valve and Filter) ■ One (1) feed / backwash magnetic flow meter w/ transmitter (Siemens 5100) ■ Two (2) chemical metering pumps for NaOCI and citric acid (Prominent) ■ One (1) 50 gal HDPE CIP tank w/ lid ■ One (1) pH sensor (GF Signet) ■ One (1) heater (Chromalox) ■ One (1) temperature transmitter (GF Signet) ■ One (1) turbidimeter (Hach 1720E with sc200 controller) to measure influent turbidity ■ One (1) turbidimeter (Hach 660sc) to measure filtrate turbidity ■ Pneumatically actuated and manual valves (Bray) ■ One (1) UL 508 listed, NEMA 4 electrical control panel wired to receive three phase 480 volt power and including the following: i. PLC (Allen Bradley Compactlogix) ii. Door mounted, 8" color touchscreen (C-more) iii. Feed and Backwash pump VFDs (Altivar) iv. Contactors (ABB) v. Solenoid valve block vi. Ethernet switch All components to be mounted on the skid, excluding the following to be shipped separately. 31-JuI-14 O ne (1) 240 gallon filtrate / backwash supply tank w/ lid O ne (1) compressed air system Proposal No. 100266 rev. 5 Page 13 of 17 'TORAY' Innovation by Chemistry One (1) Toray HFU-2020N OF membrane module, same module used in full-scale plants. Module will be autopsied by the City at the end of pilot study Field Service for installation supervision, operator training, CIP cleans and any other required services Weekly compilation / analysis of pilot data Participation by WesTech and / or Toray Engineers in conference calls every 2 weeks Final pilot testing report Shipping pilot unit to and from site 5.2 Scope of Supply (by OTHERS) This proposal does not include anything that is not specifically mentioned in the above - noted TORAY Scope of Supply, and especially: Item Unloading, receiving and safe storage of equipment at site until ready for installation Pilot Unit installation, feed water, filtered water and wastewater connections to pilot unit. Also electrical wiring to connect power to pilot unit Lifting Equipment for installation and service of the membrane modules Access to telephone connection for modem Pre-treatment system(s) and post -treatment system(s) if required Raw materials, chemicals (citric acid and sodium hypochlorite) for membrane maintenance and CIP cleaning. Sodium hydroxide and sodium bisulfate for neutralization. Disposal of wastewater and associated chemicals. All required analytical analysis All required permits 31-JuI-14 Proposal No. 100266 rev. 5 Page 14 of 17 'TORAY' Innovation by Chemistry All required structures & safety equipment Laboratory services and equipment, operating and maintenance personnel during equipment checkout, start-up and operation Shut down of pilot unit, re -crating of unit in original packaging 5.3 Terms & Conditions 1. TORAY's General Standard Terms & Conditions, as attached in Appendix 1, a pplY• 2. In the event of any conflict with the above -noted General Standard Terms & Conditions, TORAY's Product Warranty Documents, as attached in Appendix 2, will take precedence. 3. Freight - The following freight terms used are defined by INCOTERMS 2000. • Pricing for all equipment is included and terms are CIP Eagle Mountain WTP, Fort Worth Texas 4. Delivery of deliverables is: a. Engineering Documents b. Pilot Unit approx. 7 - 10 days from acceptance of order September 2014, 2-3 weeks from acceptance of order 5. Payment Terms: Payment terms are net 30 days from date of invoice, on approved credit. 6. No sales taxes, shipping charges, storage fees or representative commissions are included in the above pricing. They are the responsibility of the purchaser. 7. This offer is valid for thirty (30) days after date of submission. 8. Overdue payments are subject to an interest payment of 1 % per month. 9. TORAY reserves the right for technical improvements to the products provided, which do not affect the installation, productivity, operation or efficiency of the products. 10. This proposal supersedes all previous proposals and correspondence. We hope our proposal meets your requirements and looking forward to hear from you. Best regards, Sue 31-JuI-14 Proposal No. 100266 rev. 5 Page 15 of 17 'TORAY' Innovation by Chemistry Appendix 1 - TORAY Membrane Industries Standard Terms & Conditions TORAY MEMBRANE USA STANDARD TERMS AND CONDITIONS FOR SALE OF MEMBRANES, COMPONENTS AND PARTS OR RENTAL OF PILOT UNIT These Terms and Conditions are an integral part of each agreement between Toray Membrane USA ("Seller") and its customer ("Purchaser") for the sale of membranes, components and parts or rental of pilot unit (collectively, "Components") and any related services ("Services"). Seller's proposal to Purchaser, when accepted by Purchaser, together with these Terms and Conditions, is referred to as the "Agreement". 1. Proposals & quotations. Any proposals or price quotations may be modified or withdrawn by Seller at any time prior to acceptance by Purchaser and shall automatically expire in 30 days, except as otherwise expressly agreed in writing. All prices quoted by Seller are F.O.B. point of origin unless otherwise indicated. 2. Warranties. Seller warrants for the period ending twelve months after first use of the relevant Component or 15 months after shipment (18 months if shipped to a destination outside North America), whichever occurs earlier, that the Component will conform in all material respects to any specifications included in the Agreement and will be free of defects in materials and workmanship. Any performance warranties of membranes stated elsewhere in the Agreement apply only if the membranes are used in accordance with Seller's instructions when processing water or other liquids having the characteristics specified in the Agreement. Warranties do not apply to damage or wear resulting from accidents, negligence, abuse or misuse by Purchaser or third parties; from failure to follow Seller's instructions for installation, operation, maintenance, cleaning or storage; or from alterations or repairs not performed in accordance with Seller's instructions. Seller shall assign to Purchaser any manufacturer's warranties of equipment or materials purchased from others, to extent they are assignable, and Purchaser's sole recourse shall be against the manufacturer. In the case of rental pilot units, Seller shall assign to Purchaser any manufacturer's warranties of equipment or materials purchased from others, to extent they are assignable, and Purchaser's sole recourse shall be against the Seller. Seller warrants that any Services will be performed in a good and workmanlike manner. Purchaser shall promptly notify Seller of any warranty claim and shall maintain defective Components for Seller's inspection. Purchaser's sole remedy shall be the repair or replacement (at Seller's election) of defective Components or the correction of deficient Services. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT. 3. Payment. Payment shall be made in full in lawful, free and unblocked currency of the United States of America (U.S.A.) upon Seller's delivery of Components to the carrier, unless otherwise agreed. Seller's obligation to ship Components shall be subject to approval of all orders by Seller's credit department, and Seller may require full or partial payment in advance. Pro rata payments shall become due as shipments are made or as otherwise mutually agreed. If Purchaser is located outside the U.S.A. or its territories, Purchaser shall deliver an irrevocable letter of credit in Seller's favor confirmed by a first-class U.S.A. bank upon acceptance of Purchaser's order. Payments not made within thirty (30) days after invoice shall bear interest at the rate of 1.5 percent per month or, if lower, the maximum lawful rate. If Purchaser disputes any portion of an invoice, it shall notify Seller in writing with specificity and pay the undisputed portion within 30 days. Purchaser shall reimburse costs, including reasonable attorneys' fees, incurred by Seller to collect overdue amounts. 4. Limitation of liability. The aggregate liability of Seller and its affiliates and subcontractors and their employees, officers, directors and agents in connection with the Agreement and Components and Services provided hereunder shall be limited to the amount actually paid by Purchaser to Seller for such Components and Services. Seller shall 31-Jul-14 Proposal No. 100266 rev. 5 Page 16 of 17 • 'TO RAY' Innovation by Chemistry not be liable for any special, indirect, incidental, consequential, or punitive damages, including lost profits, loss of use, and claims by third parties. 5. Export. If Components are to be shipped to a point outside the U.S.A., acceptance by Seller is subject to its ability to obtain, on acceptable terms, any applicable export licenses or permits. 6. Taxes. Purchaser shall pay all sales, use and excise taxes, custom duties, and similar taxes and governmental charges, if any, now or hereafter imposed on either party based on the production, sale, shipment or use of Components. 7. Shipping, title & risk of loss. Purchaser shall give Seller complete shipping instructions at least three business days before the estimated shipping date and shall arrange for receipt, unpacking, storage and installation of Components. Delivery dates refer to date of shipment and are estimated based on conditions prevailing at the time of quotation, but are not guaranteed unless so stated. Components offered from stock are subject to prior sale. Purchaser is responsible for all shipping costs and insurance unless otherwise agreed. Title and risk of loss shall pass to Purchaser upon delivery of Components to the carrier for shipment, although Purchaser grants Seller a security interest in all Components until Seller is paid in full. If shipment is delayed by Purchaser for any reason, payment shall become due as of the date Seller is prepared to make shipment, and storage shall be at Purchaser's risk and expense. For Rental Pilot Plants title and risk of loss shall remain with the Seller throughout the rental period. 8. Returns. Products returned for reasons other than warranty issues are to be returned at purchaser's expense and are subject to a 10% re -stocking fee. Products returned must still be sealed in the original vacuum bags and suitable for re -sale. 9. Compliance with U.S. Export Regulations. Purchaser will not, directly or through an intermediary, export any Components (including related technology and information) to any country that is subject to embargo or similar restrictions under U.S. Export Regulations (including but not limited to Cuba, Iran, Iraq, Libya and North Korea), or transfer it to a national of any such country or to any other person or company restricted from receiving it, or put it to a prohibited end use, or transfer it with knowledge or reason to believe that it is intended for a prohibited destination, recipient or use. 10. Force Majeure. Seller will not be responsible for any delays, damages or failures to perform due to circumstances beyond its reasonable control, including those caused by Purchaser. Seller's time for performance shall be extended by a period of time commensurate with the amount of delay caused by such circumstances. 11. Documents. All specifications, instructions and other documents furnished by Seller in connection with Components shall remain the property of Seller, and Purchaser warrants that no use will be made of such documents except to facilitate Purchaser's installation, use and maintenance of Components. Such documents shall be provided to Purchaser's employees only on a need -to -know basis and shall not be provided to third parties without Seller's written consent. 12. Information. Seller will be deemed to have reasonably relied on any representations made or information furnished by Purchaser, whether prior to or after the date of this Agreement, as to the intended use of Components and the characteristics of any liquids to be treated by membranes. 13. Termination and suspension. Seller shall be entitled to terminate the Agreement or to suspend any shipment if Purchaser is in breach of the Agreement or is overdue in any payment to Seller under the Agreement. 14. Complete Agreement. Seller's written proposal and these Terms and Conditions, when accepted by Purchaser, constitute the entire agreement between parties. The Agreement may be modified or amended only by a writing signed by an authorized representative of the party against which enforcement is being sought. These Terms and Conditions shall prevail over any inconsistent terms and conditions included in Purchaser's order, even if the order has been signed or otherwise accepted by Seller. 15. Miscellaneous. The Agreement is governed by the laws of The State of Texas, U.S.A. In the event the Agreement is prepared in more than one language, the English version shall govern its interpretation. Neither the Agreement nor any proposals of Seller nor any rights or obligations hereunder are assignable without Seller's written consent. 31-JuI-14 Proposal No. 100266 rev. 5 Page 17 of 17 1 Executed and effective this the BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: 8/12/14 APPROV,All RECOMMENDED: nitAiriu By: I; 1 S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM LEGALITY B AND Douglas W. Black Assistant City Attorney Ate �'klc c ATTEST: • Mary J. Kays City Secretary BY: Membrane Pilot Rental Unit Supplier Ve0 Steve Cappos Chief Executive Officer Date: 711/ /2, 0 ` �J • OFFICIAL RECORD.' ©o N� eV SECRETARY � `�� 'ORTH,`TMM M&C Review Page 1 of 2 CITY COUNCIL AGENDA • COUNCIL ACTION: Approved on 3/4/2014 Official site of the City of Fort Worth Texas FORT lib Rill DATE: 3/4/2014 REFERENCE NO.: CODE C SUBJECT: LOG NAME: PUBLIC HEARING: Authorize Execution of an Agreement with Alan Plummer Associates Inc in the Amount of 60EAGLE MOUNTAIN WTP MEMBRANE STUDY TYPE• **C-26691 CONSENT NO $211,145.00 for the Eagle Mountain Water Treatment Plant Membrane Pilot Study (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution an Agreement with Alan Plummer Associates, Inc., in the amount of $211,145.00 for the Eagle Mountain Water Treatment Plant Membrane Pilot Study. DISCUSSION: On February 5, 2013, (M&C C-26089) the City Council authorized an Agreement for the update of the Northside Pressure Plane Water System Master Plan. This plan recommends that the Eagle Mountain Water Treatment Plant be expanded by 2019. In 2012, the Water Department began operation of the Westside Water Treatment Plant which utilizes membrane filtration in the treatment process. Prior to design and construction of the Westside Water Treatment Plant, a membrane pilot study was performed in 2006 on Richland Chambers, Cedar Creek, and Benbrook surface waters, as required by the Texas Commission on Environmental Quality (TCEQ), to evaluate membrane performance with regard to water treatment, fouling potential, cleaning effectiveness and membrane fiber integrity. With an Eagle Mountain Water Plant expansion date of 2019, it is recommended to proceed with a study that evaluates membrane treatment of Eagle Mountain Lake surface water. As part of this study, Alan Plummer Associates, Inc., will prepare the initial membrane pilot study protocol to submit to TCEQ, provide oversight of the process to rent membrane pilot units, oversee the membrane pilot testing and prepare a final report to be submitted to TCEQ. Upon completion of the membrane pilot study, the TCEQ will review the pilot study report and approve a maximum permissible flow rate for each membrane tested. The results of the pilot study will be utilized in preparation of membrane procurement documents to support a future expansion of the Eagle Mountain Water Treatment Plant. M/WBE Office - Alan Plummer Associates, Inc , is in compliance with the City's SBE Ordinance by committing to five percent SBE participation. The City's goal on this project is five percent. The project is located in COUNCIL DISTRICT 7, Mapsco 32Y. FISCAL INFORMATION/CERTIFICATION. Funds were not specifically budgeted for this project in the Fiscal Year 2014 adopted budget; however, the department has identified current year savings to offset the full cost. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 531200 0605011 $211.145.00 http://apps.cfwnet org/council_packet/mc_review.asp9ID=19399&councildate=3/4/2014 8/1/2014 M&C Review Page 2 of 2 Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: S. Frank Crumb (8207) Additional Information Contact: Chris Harder (8293) ATTACHMENTS 60EAGLE MOUNTAIN MAP.pdf http://apps.cfwnet.org/council packet/mc review.asp?ID=19399&councildate=3/4/2014 8/1/2014