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CM-2020-013 - 1/10/2020CECO Fybroc September 30, 2019 Brandon Pritchett City of Round Rock Quote Number: 198418ho Dear Brandon, Per your request, please find a current quote below (Duplicate of S/N 993330). Please note that this quote is based on the original conditions of service unless otherwise specified in your request. If any of the pump assembly components do not meet what is required please let us know and we will revise the quote accordingly. Delivery is estimated at 12 weeks after receipt of order, and shall be confirmed upon receipt of order. Please see the following page for Additional Options and General Comments. Please let us know if you have questions regarding this quote. Regards, Zach Kerstens Oliver Equipment Company zkerstens@oliverequip.com 817-504-1170 Fluid Description: 20% Sodium Hydroxide Flow Rate: 525 GPM Total Dynamic Head: 29 FT Fluid Specific Gravity: 1.223 NPSH(a): Not Provided Fluid Viscosity: Not Provided Fluid Operating Temperature: Not Provided Fluid Vapor Pressure: Nor Provided Fluid Temperature Range: Not Provided Solids: No Solids Information Provided; Assumed to be Negligible Delivery is estimated at 12 weeks after receipt of order, and shall be confirmed upon receipt of order. Please see the following page for Additional Options and General Comments. Please let us know if you have questions regarding this quote. Regards, Zach Kerstens Oliver Equipment Company zkerstens@oliverequip.com 817-504-1170 CECO Fybroc September 30, 2019 D DITIONAL i OPTION DESCRiPTEDN _ _ _ e _ . _ _ _ _ _ PRICE EACH:' Journal Sleeve Under Bottom Bearing (Titanium) $1,483 Teflon Flush Tubing with Kynar Fittings $1,189 Float Type Level Control C/F Tapped Discharge Gauge Connection Cyclone Separator with Bypass Flush $335 $1,135 General Quote Terms: • CECO Environmental Corp. General Terms and Conditions of Sale apply. • CECO Environmental Corp. Limited Warranty applies. • Prices are quoted Ex -Works Telford, PA for shipments outside of the continental United States, and F.C.A. Telford, PA for all other shipments, and do not include local, state, federal, or foreign taxes, freight charges, processing and handling, or any additional special fees required for shipment. • Pricing does not include any freight charges. • Deliveries provided in this quote are estimates based on current production schedule and shall be confirmed upon receipt of a verified purchase order. Deliveries provided in this quote are contingent upon: • Purchase orders containing any approval requirements. • Customer supplied documentation deemed by Fybror to be required. • Material availability and customer supp: led materials. • No spare parts are included with this proposal unless noted otherwise. • Motor manufacturer is selected by Fybroc unless noted otherwise. • Motor ratings based on continuous operation at 104'F (40'C) at a max, elevation of 3300 feet (1006 meters) unless noted otherwise. • Fybroc pump and motor manufacturer standard paint to apply. • No testing of any kind is included with this proposal unless noted otherw se. • Witness testing will be scheduled by Fybroc. If no w tness Is present at the scheduled date/time testing will proceed as a non -witnessed. • Fybroc will not be responsible for any specification secV ons not received at time of quote. • Furthermore, Fybroc reserves the right to rev,ew additional pump specifications, change selections, their appropriate prices, etc., in order to address the complete plans and specifications for this project. • To combat corrosion, abrasion, eros:on, or pumping sollds, foreign objects, or pumping liquids at elevated temperature, any such recommendations will be based on the best available exper-ence of FYBROC and the supplier of the material and industry, but will not constitute a guarantee against these effects. • Quote is valid for 30 days. OLIVER EQUIPMENT COMPANY, INC. TERMS AND CONDITIONS 1. Acceptance Limit: This quotation is a firm offer and shall remain open for a period of thirty (30) days from the date of quotation and your acceptance of the quotation must be received by us in writing at our Houston, TX, office within such period of time, otherwise this quotation shall be void. Time for acceptance may be extended only in writing. Timely acceptance constitutes a contract to purchase at the quoted price and including these terms and conditions. 2. Use of Quotation: All information in (his quotation is confidential and has been prepared for your use solely in considering the purchase of the equipment and materials described in this quotation. Transmittal of all or any part of this quotation to others or the use of this quotation by you for any other purpose is unauthorized without prior written consent of Oliver Equipment Company, 3. Construction and Legal Effect: The sale by us to you of the equipment or materials described in this quotation will be made solely upon the terms and conditions set forth herein. The liabilities and obligations of Oliver Equipment Company are limited strictly and solely to the terms and provisions hereof and as set forth in this quotation and no alteration, change, modification, addition or deletion in or to any of such terms and provisions, however or by whomever, alleged or asserted to have been made, shall be binding upon Oliver Equipment Company unless the same is in writing, bears a date contemporaneous with or subsequent to the date hereof and bears an authorized signature from Oliver Equipment Company. This quotation and the terms and provision set forth contain the entire agreement between us with respect to the purchase and sale of the subject equipment or materials and it is hereby expressly agreed that all prior oral or written communications between us with respect thereto are either incorporated herein or superseded hereby. Oliver Equipment Company assumes no responsibility whatever for the furnishing of any other equipment or material shown in any plans and/or specifications of a project for which the equipment of materials described on the reverse side hereof may be ordered. 4. Credit and Payment: Unless otherwise noted on the quote, this shall be a cash sale and all invoices shall become due and payable on or before thirty (30) days following the date of shipment of the equipment or materials described on the quote. You hereby represent to us that you are solvent as defined in the Uniform Commercial Code and it is understood and agreed that we may decline to deliver the subject equipment or materials to you except for cash or stop goods in transit whenever you are insolvent or reasonable doubt as to your financial responsibility develops. Pro rata payments shall become due as partial shipments are made Where you are responsible for any delay in shipment, the date for shipment, the date on which the subject equipment or materials are completed and ready for shipment may be treated by us as the date of shipment for all purposes hereunder. including payment, and the completed equpment or materials shall be held at your cost and risk and we shall have the right to bill you for reasonable storage and insurance expenses All invoices shall be payable in full and the amounts thereof shall not be subject to any retainage or withholding unless otherwise noted on the quote. in the event the purchaser does not pay the fu I amount by the due date, then the interest shall accrue on all unpa d amounts at the rate of the lesser of one and one half percent per month of the max mum rate allowable by the applicable laws. Purchaser hereby grants Oliver Equ:pment Company a security nterest in the foods described on the quote to secure performance and payment of all obligations and indebtedness of purchaser to Oliver Equipment Company of whatever kind and whenever or whomever or however created or incurred. 5. Delivery: Unless otherwise stated on the quote, delivery will be made F.O.B. point of shipment and any claim for damage or loss in transportation or de ay in forwarding by carriers shall be made by you to, and recovered by you from, the carrier only. All delivery, shipping. instal ation or completion dates are estimated from the date of recept (at the factory) of complete and approved drawings specifications technical data and/or other submittal data. In estimating such dates, no allowance has been made for delays of carriers, delays from labor difficulties, shortages, strikes. stoppages of any sort, fire, accidents, falure or delays in obtaining materials or manufacturing facilities, acts of government effecting same directly or indirectly, bad weather, force majeure, acts of God or other causes which are unavoidable or beyond our control and accordingly, Oliver Equipment Company shall have no responsibility or liability whatever for any delays resulting from any such cause or causes. Oliver Equipment Company shall in no event be liable for incidental or consequential damages nor shall it be liable for any damages or penalties of any description, whether direct or indirect, resulting from any failure on its part to perform or any deay in its performing of its obligations hereunder resulting from any cause beyond its contra unless otherwise expressly agreed to in writing by an authorized signer at Oliver Equipment Company. 6. Warranty: 0 ver Equipment Company shall extend to the purchaser the same warranty and/or guarantee on the subject equipment or material afforded by the original manufacture (s) of said equspment or materials Oliver Equipment Company makes no warranties of any kind. either expressed or implied which extend beyond such warranty of the manufacture(s) and except to the extent of the warranty of the manufadure(s) Oliver Equipment Company makes no warranty of merchantability or fitness for particular purpose, nor any warranties whatever, either express or implied, which extend beyond the description of equipment or materials on the quote and a:l such warranties are specifically excluded, Copies of the applicable manufacture(s) warranty will be furnished to you on request. 7. Service: Cosi and expenses of servicing the equipment or materials described on the quote, including but not limited to, the charges of or compensation payable to servicemen andfor engineers required in connection with the installation, demonstration, assistance or repair of any item of such materials or equipment, is not included in the price quoted unless spedfically so stated on the quote. 6. Patent Infringement: Oliver Equipment Company will not be liable for any claim of infringement unless due to infringement by materials or equipment manufactured solely by it in the form in which supplied to purchaser and without regard to the use thereof by purchaser. If notified promptly by purchaser of any claim of infringement resulting from materials or equipment manufactured solely by Oliver Equipment Company and, if requested by Oliver Equipment Company to defend or settle any suit or controversy involving such claim, Oliver Equipment Company will indemnify purchaser against the reasonable expenses of any such suit and will satisfy any judgment or settlement in which tt acquiesces, but only in an amount not exceeding the price paid to Oliver Equipment Company by purchaser for the alleged infringing materials or equipment. If an injunction should be issued against the further of use allegedly infringing materials or equipment manufactured solely by Oliver Equipment Company, Oliver Equipment Company shale have the option of procuring for the purchaser right to use the materials or equipment, or replacing same with nonoinfringing materials or equipment, or modifying the same so that they become nort4nkinging or of removing the same and refunding the purchase price. The foregoing expresses the entire and exclusive warranty and liability of Oliver Equipment Company as to patents and it will not be liable for any damages whatsoever suffered by reason of any infringement claim except solely and only as provided herein Purchaser agrees to indemnify and hold Oliver Equipment Company harmless of, from and against all claims, demands, liabilities, damages, costs and expenses resulting from or connected with any daim of patent infringement arising out of the manufacture by any party other than Oliver Equipment Company of materials or equipment described on the quote and/or the manufacture by either Oliver Equipment Company and/or any other such third party of materials or equipment in accordance with a design or specification furnished by purchaser. 9. Shipping: Unless otherwise specified in writing by purchaser the shipment shall be by common carrier and the muting manner thereof wo be at Over Equipment Company's sole discretion, and delivery of such goods to the carrier will const.lule delivery of goods by Oliver Equipment Company to the purchaser for all pertinent purposes. All shipments may be insured by Oliver Equipment Company for purchaser and at purchaser's expense, the insured value of the materials or equipment to be the purchase price thereof slated on the quote. All shipments will be F 0 8 point of shipment and will be made at purchaser's risk, 10. Cancellation: After acceptance this quotation shall become a binding contract between us and may be canceled only by subsequent mutual written agreement. In the event of subsequent cancellation hereof by mutual written agreement atter commencement of construction of the materials or equipment described on the quote, purchases agrees to pay Oliver Equipment Company a canceltation charge, wNch shall be amount determined by multiplying such full price by the percentage of completion of the construction or manufacture of the subbed materials or equipment but, in any event, sha'I be a minimum of 20% of the agreed purchase order value. In the event of the refusal or inability of purchaser to accept any shipment in accordance with the terms :f this contract, purchaser shall be liable to Oliver Equipment Company for a. freight, storage and other extra costs of handling which may thereby be incurred, in addition to the full price of the material or equipment ordered. 11. Submittal Data: Six (6) copies o the manufacture s literature is included in the price of the materials or equipment described on the quote. An additional charge may be made to Purchaser for any additional or special copies thereof required or requested. 12. Alterations: This quotation covers only the materials or equipment described on the quote and no alterations -n any specifications, quantities, or other details pertaining thereto may be made by purchaser, or be bind ng upon or effective as to Oliver Equipment Company, without the prior written consent and agreement thereto by an authorized representative of Oliver Equipment Company. May 2019 Oliver Equipment Co. 4620 Brittmoore Rd Houston, TX 77041 * (713) 856-9206, fax (713) 856-9299 FIELD SERVICE RATES The following rates will apply for acquiring the services of field service personnel from Oliver Equipment Co. for consultation, supervision, training and the start-up of new equipment. Jobs within the Continental U.S. Field Service Technician • $1800.00 per day including travel time, Monday through Friday, minimum' i day. • $2700.00 per day on Saturdays. • $3600.00 per day on Sundays and holidays. • A 50.t'o premium will be added for time in excess of 8 hours per day and for work beginning before 7 am or after 4 pm local time. Hours worked in excess of 8 hours/day will be billed on a per hour basis at the premium rate. • A 50% premium (applied to the 51800/day standard rate) will be added for all work conducted on non -holiday Saturdays. • A 100% premium (applied to the $1800/day standard rate) will be added for all work conducted on Sundays and normal OEC holidays. • Personnel may decline work in excess of 8 hours per day or in excess of 6 consecutive days. • $150.00 per hour for office consultation, calculations, and report preparation. Supervising Mechanic • $1500.00 per day including travel time, Monday through Friday, minimum '.2 day. • $2250.00 per day on Saturdays. • $3000.00 per day Sunday and holidays. • A 50% premium will be added for time in excess of 8 hours per day and for work beginning before 7 am or after 4 pm local time. Flours worked in excess of 8 hours/day will be billed on a per hour basis at the premium rate. • A 50% premium (applied to the SI500/day standard rate) will be added for all work conducted on non -holiday Saturdays. • A 100% premium (applied to the $1500/day standard rale) will be added for all work conducted on Sundays and normal OEC holidays. • Personnel may decline work in excess of 8 hours per day or in excess of 6 consecutive days. All Off -Shore Technical Services Oliver Equipment Company makes no distinction between Field Service Technicians vs. Supervising Mechanic services and both are billed at the same rate as stated below. Rates refer to Jobs within the Continental U.S. and within federal waters. Special rates may apply to all international offshore work and are not considered in this document. Monday through Friday, (7 am throuEh 4 um) $2400 per eight (8) hour day / $300 per hour - Minimum of % Day Overtime hours are billed at a rate of S450 per hour for up to eight (8) additional hours. At no time shall the employee work greater than 16 hours in a 24 hour period. Saturdays $3600 per eight (8) hour day / $450 per hour- Minimum of 1/2 Day Overtime hours are billed at a rate of 5675.00 per hour for up to eight (8) additional hours. At no time shall the employee work greater than t6 hours in a 24 hour period. Oliver Equipment Co. 4620 Brittmoore Rd. I fouston, TX 77041 ' (713) 856-9206, fax (713) 856-9299 May 2019 Sundays and Holidays $4800 per eight (8) hour day / $600 per hour- Minimum of %: Day Overtime hours are billed at a rate of 5900 per hour for up to eight (8) additional hours. At no time shall the employee work greater than 16 hours in a 24 hour period. Note: • Travel time at any time and downtime due to weather are subject to the above schedule. • All transportation, meal and lodging expense will be billed at actual cost. • Should work cease for a 48 hour period, the Oliver Equipment Company representative may request to be returned to share. Cost of transportation in this event would be to customer. • The Oliver Equipment Company representative may decline work in excess of t2 hours per day or in excess of 6 consecutive days. Trainina • Engineering, Maintenance, and/or Operations training is available at a rate of $250.00 per student per day, with a minimum charge of 52500 (for ten (10) students). In addition, a single model training manual will be provided to each student to keep at $50°00 each. Shop cut -a -way demonstration models may be available. Please call well in advance to schedule training. Your dates will be confirmed upon receipt of your purchase order (a one day training school will consist of one, possibly two models). Expenses will be invoiced at cost, cost plus 10% if copies of receipts arc required. General • All charges commence upon departure from home base and terminate upon return to home base. • Travel and living expenses will be invoiced at actual cost. Automobile mileage will be billed at the U.S. Internal Revenue Service standard business mileage deduction rate in cents, mile. • Maximum time on jobsite will not exceed 10 consecutive days, unless agreed to in the contract. • Airfare will be billed at cost. Airfare requiring 7 hrs. or less of travel time will be booked as standard coach class. Air travel in excess of 7 hrs. will be booked as business class. Train fares will be first class, regardless of travel time. • All costs and time in conjunction with obtaining safety training, permits or specialized training required by the customer will be billed. • Certificates of insurance for service personnel are available upon request. • Invoicing will include a breakdown of cost into categories. Copies of the original travel and living expense invoices will not be provided unless required to do so. If copies of receipts arc required, cost plus 10% will be billed. • Oliver Equipment Co. furnishes consulting services or supervisory personnel only. The customer, if required, must furnish labor and tools. Oliver Equipment Co. 4620 Brittmoorc Rd. Houston, TX 77041 * (713) 856-9206, fax (713) 856-9299 May 2019 Applicable Law Any purchase order accepted by Oliver Equipment Co. in conjunction with field service work shall be deemed to have been executed, delivered and accepted in the State of Texas, USA and shall be governed, construed and enforced pursuant to the Laws of the State of Texas, USA. Oliver Equipment Co. provides no warranties, either expressed or implied, in conjunction with field service work. Except for defects of design, material or workmanship as warranted in the contract of sale for new equipment or defects of material or workmanship in equipment repaired by and determined by our Service Center to be defective, Oliver Equipment Co. disclaims all liability for claims of actual, direct, special, incidental, or consequential damages arising from the installation, erection, start-up, or testing of such equipment, whether performed with or without Oliver Equipment Co.'s supervision, whether such claims arc based on breach of contract, tort (including negligence and strict liability) or other theories. Field service is not apart of Oliver Equipment Co.'s service center equipment repair warranty. "Breach of Warranty" claims do not entitle the customer to refuse payment for field service work. Oliver Equipment Co. cannot provide for the services of a third party such as a sub -vendor unless agreed to in writing with the customer. If other equipment vendor's field service personnel are required for assistance, the customer is responsible for arranging those additional services. Field service rates and terms are subject to change without notice. Supplemental Terms to the Terms and Conditions of the Purchase Order between Oliver Equipment Company and the City of Round Rock, Texas for the purchase of a Fybroc Pump for Chlorine Scrubber Oliver Equipment Company (Iiereinalier "OEC") and the City of Round Rock, Texas (hereinafter the "City") hereby agree to the following supplemental terms and conditions to tite Terms and Conditions of the City's Purchase Order to be issued tar the Fybroc Pump for Cholorine Scrubber from OEC (tile "Agreement"): I. EFFECTIVE DATE: The Effective Dale of the Agreement shall occur when both parties have signed an acceptance of the Agreement. 2. RETENTION AND OFFSETS: The maximum allowable retention for final document shall be 5% or a maximum of $50,000.00. OEC is committed to sending all final documentation within two (2) weeks from final shipment of product(s). 3. LIQUIDATED DAMAGES: The parties shall be prohibited 10 recovering liquidated damages. 4. TERMINATION FOR CITY'S CONVENIENCE: A cancellation schedule shall be provided by OEC to the City. This schedule will be applicable should the City decide to terminate the Agreement for any reason. OEC shall immediately discontinued all work pertaining to the Agreement upon notification by the City of cancellation 5. INDEMNIFICATION: Each Party shall, to the extent permitted by law, indemnify, defend, and hold harmless the other party against all claims, liabilities, damages, losses, or expenses to the extent arising out of the negligence, willful misconduct, breach of contract or violations of lay by the party of fault, its employee, agents, subcontractors or assigns in the performance of this Agreement or while on, entering or leaving the other party's property. Further, in the event the Parties are jointly at fault, they agree to indemnify each other in proportion to their relative fault to the fullest extent permitted by law. G. GUARANTEE AND WARRANTY: OEC warrants to the City for a period of 18 months from the date of shipment or 12 months from placement into service, whichever first occurs, that any product delivered under any Agreement resulting from this quotation will at the time of shipment be free from any defects in material and workmanship. If within said warranty period, any such product is found, by OEC following its examination, to be defective in material or workmanship, OEC's sole obligation under this warranty will be to repair or replace such defective product at option and expense DAP (excluding any inbound freight). OEC shall not be liable for damage to or wear of products caused in whole or in part by abnormal conditions, improper application, improper lubrication, failure to provide proper inlet conditions or now, corrosives, abrasives, foreign objects, or other causes external to the products. In the event the City claims that OEC has breached any of its obligations under any Agreement resulting from this quotation, whether in warranty or otherwise, OEC may request and require return of the product and refund the City's purchase price upon GEC's receipt of the returned product. In the event OEC elects to require rettirn of the product, OEC shall absolutely have no further obligation to City under any contract resulting from this quotation except to refund such purchase price upon redelivery of the product. 00436418/ss2 NOTWITHSTANDING ANY OTHER PROVISION OF TI IIS AGREEMENT, IN NO EVEN f SHALL OLIVER EQUIPMENT COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR SHALL OEC'S LIABILITY FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH ANY CONTRACT RESULTING FROM THIS QUOTATION, OR THE MANUFACTURE, SALE, DELIVERY OR USE or 1H1; PRODUCT, EXCEED TI IC PURCHASE PRICE OF THE PRODUCT. 7. DELIVERY: Shipping dates shall be given to the best of GEC's knowledge based upon conditions existing on the effective date of any Agreement entered into by the parties and the specifications contained herein. OEC will, in good faith, endeavor to ship on the estimated shipping date, but shall not be responsible for any delay or damage arising from failure to ship on the estimated shipping date. 8. INSURANCE: OCC has provided the City with its standard insurance policy and the City has determined that the policy meet the requirements of this Agreement. IN WITNESS WIIEREOF, OEC and the City have executed this Supplemental Agreement oil the dates indicated. CITY OF ROUND ROCK, TEXAS By: xaii__ 4C4_ '_ Printed Name: X Title: }4� Dale Signed: ATTEST: By: Sara L. bite, City Clerk OLIVER EQUIPMENT COMPANY By:----�JA Printed Name: Title: V, Dale Signed: - R1 )LK City of Round Rock Agenda Item Summary Agenda Number: Title: Consider issuing a Purchase Order to Oliver Equipment Company and executing Supplemental Conditions to the Purchase Order for the purchase of a Fyroc Pump for Chlorine Scrubber. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/10/2020 Dept Director: Michael Thane, Utilities and Environmental Services Director Cost: $31,598.00 Indexes: Utility Fund Attachments: Quote, LAF Department: Utilities and Environmental Services Text of Legislative File CM -2020-013 The Chlorine Scrubber Unit at the Water Treatment Plant was designed by Powell Manufacturing and will only work with a Fybroc Pump installed. The City of Round Rock requires a spare pump at the Scrubber Unit to minimize the length of time the scrubber unit is out of service. Not having a spare pump could cause a large life safety event. Once the new pump is received, the current pump will be pulled, inspected, and repaired to be used as the spare in the event it is needed. The Utilities and Environmental Services Department recommends entering into an agreement with Oliver Equipment Company, the sole source distributor, to purchase a replacement pump for $31,598. Cost: $31,598 Source of Funds: Utility Fund City of Round hock Page f ' Printed on 1/9/2020