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HomeMy WebLinkAboutResolution - 2008-R0270 - Professional Services Agreement For Filtration Unit - SIEMENS Water Technologies - 08_12_2008Resolution No. 2008-RO270 August 12, 2008 Item No. 5.13 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, (i) that certain Products Professional Services and Trial Equipment Rental Agreement for Memcor Continuous Membrane Filtration Unit, as attached hereto as Exhibit "A"; and (ii) that certain Products Professional Services and Trial Equipment Rental Agreement for Memcors Continuous Membrane Unit, as attached hereto as Exhibit `B", both agreements, respectively, by and between the City of Lubbock and SIEMENS Water Technologies, Corp. and all related documents. Said Agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Executed by the City Council this 12th day of August 2008. TTEST: om OVED AS TO CONTENT: City Manager/Water Utilities Director AS TO FORM: aterTreatmentP lantStudy-SIEMENS.080608 TOM MARTIN, MAYOR CONTRACT NC Resolution No. 2008—RO270 SIEMENS PRODUCTS PROFESSIONAL SERVICES AND TRIAL EQUIPMENT RENTAL AGREEMENT FOR MEMCORS CONTINUOUS MEMBRANE UNIT This Agreement is entered into this 12th day of August , 2008, between SIEMENS Water Technologies, Corp., a Massachusetts corporation, with its principal office at 600 Arrasmith Trail, Ames, Iowa 50010, ("SIEMENS") and the City of Lubbock, Texas, a Texas home rule municipal corporation ("Customer"). IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN CONTAINED, SIEMENS AND CUSTOMER AGREE AS FOLLOWS: 1. Rental of Equipment. Subject to the terms and conditions hereof, SIEMENS hereby agrees to lease to Customer and customer hereby agrees to lease from SIEMENS the Equipment as listed on Schedule A and as otherwise described or provided herein and each agrees to the Scope of Work as stated on Schedule B and as otherwise described or provided herein. A SIEMENS Service Engineer will commission the Equipment on the date stated on Schedule A. 2. Term. The Term of this Agreement shall commence upon the trial start date and end, unless sooner terminated or extended, on the decommission date as stated on Schedule A. If the trial is not complete at the trial end date or for such other reason as determined by the Customer, the lease may continue as a month -to -month lease upon receipt by SIEMENS of Customer's intention to continue the Agreement as a month -to -month lease. The notice shall be in the form as set forth on Schedule A and shall be sent via facsimile. Page 1 of 15 — Siemens Product Trial Equipment.2.final 3. Fees. There shall be no charge for the matters set forth herein. All charges that would be payable are included in that certain "Siemens Products Trial Equipment Rental Agreement for Memcor Continuous Membrane Filtration Unit" dated on or about even date hereof (the "Filtration Agreement"). 4. Taxes. Customer shall be liable for any and all taxes imposed by any authority, payable by it, if any, for rental or sale of the Equipment including but not limited to any sales or use tax. 5. Delivery, Use and Care. The Equipment will be shipped to the Customer F.O.B. point of delivery at the pilot test site at Lake Alan Henry and returned to SIEMENS F.O.B. the pilot test site at lake Alan Henry. The Equipment shall be kept and used at the Customer's pilot site and shall not be moved without the prior consent of SIEMENS. Customer shall properly document the performance of the Equipment as directed during the on -site training by SIEMENS personnel that shall include daily entries to trial log sheets furnished by SIEMENS and agrees to use the Equipment only in operations consistent with the operating conditions and manual. 6. Title. Title to the Equipment shall remain with SIEMENS and Customer shall not permit any lien, or security interest to be placed on or against the Equipment. 7. Maintenance and Repairs. Customer agrees to notify SIEMENS when the Equipment needs repair or maintenance or at the time of any accident affecting the Equipment. Notice may be made via the telephone but, if an accident, Customer shall set forth the relevant facts in writing and shall forward it to SIEMENS via facsimile. At the time of notification, SIEMENS will advise Customer of proper action to be taken. Page 2 of 15 — Siemens Product Trial Equipment.2.final Customer agrees to prohibit anyone other than persons approved by SIEMENS from making any repairs or adjustments to the Equipment. The repair and maintenance shall be done in accordance with good maintenance procedures and by following repair and maintenance standards as set forth in SIEMENS operating procedures manuals available from SIEMENS. Such procedure includes the use of chemicals approved by SEIMENS. In addition, Customer shall not, without prior approval of SIEMENS, affix or install any accessory, attachment, or other device to any Equipment. 8. Responsibility of Customer. Customer's responsibility for the Equipment shall commence upon delivery of the Equipment to the job site and continue until the Equipment is shipped to SIEMENS. Customer, to the extent permitted by law, shall indemnify and hold SIEMENS harmless from any claim or damage arising in connection with such Equipment caused by the negligence of Customer, and Customer's agents, employees and independent contractors. 9. Termination. Customer may terminate this Agreement by giving 15 days written notice to SIEMENS. Customer shall return the equipment to SIEMENS within two weeks from the termination date at SIEMEN' S expense. The rights of the parties which have accrued prior to termination shall not be affected by termination. 10. Return Condition of Equipment. When received by SIEMENS, Equipment shall be in the same operating condition and order and shall have the same appearance as when received by Customer at the beginning of the trial (reasonable wear and tear excepted. Building or tent if required to keep out of elements is not by SIEMENS. Page 3 of 15 — Siemens Product Trial Equipment.21nal 11. Insurance. Customer shall provide and pay for insurance, which may be self insurance, protecting the Equipment against physical loss or damage in an amount equal to the full insurable value of the Equipment. Customer shall also maintain the Customer's customary liability insurance, which may be self insurance, for protection against bodily injury and property damage caused or arising out of customer's possession, use, and operation of the Equipment. 12. Notice. Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For Customer: Director of Water Utilities City of Lubbock P O Box 2000 Lubbock, Texas 79457 Facsimile: 806-775-2051 For SIEMENS: Pilot Fleet Manager SIEMENS Water Technologies, Corp Memcor, Microfloc & General Filter Products Phone #: 515-268-4000 Fax #: 515-268-8459 Page 4 of 15 — Siemens Product Trial Equipment.2.final 13. Assignment. Neither parry hereto shall assign this Agreement without the prior written consent of non -assigning party. 14. Default. Any one or more of the following shall constitute an event of default. (a) Failure by Customer to pay an invoice payable to SIEMENS under the Filtration Agreement within sixty (60) days after the due date hereof; or (b) Failure by Customer or SIEMENS to perform any other provision of this Agreement, if such failure shall continue for a period of thirty (30) days after written notice thereof by the non -defaulting party to the defaulting party; or (c) Institution of a proceeding in reorganization, bankruptcy or insolvency by or against Customer in any court, which proceeding remains not dismissed for a period of thirty(30) days, or the application for, or consent to by Customer of, any assignment for creditors or other reorganization or creditor agreement either with or without court action. If either party shall default in its obligations under this Agreement, and does not cure such default as provided for in this Section 14 or, if no such cure time is provided, within fifteen (15) days of written notice of such default, then the other party may terminate this Agreement by written notice of such termination. The remedies provided by this Agreement shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies available at law or in equity. 15. Warranty. SIEMENS shall deliver the Equipment free of defect in workmanship and material at the time and place of delivery. SIEMENS represents and warrants to Customer that the Equipment shall be capable of performing any and all activities and functions prescribed in this Agreement. SIEMENS, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MAKES NO Page 5 of 15 — Siemens Product Trial Equipment.2.final WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES AS TO THE QUALITY OF ANY GOODS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT, EXCEPT AS PROVIDED IN SECTION 24, BELOW, SHALL SIEMENS BE RESPONSIBLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. If customer purchases the Equipment, SIEMENS shall supply customer with SIEMENS standard warranty as stated in SIEMENS standard terms and conditions. 16. Governing Law. THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN COURTS OF COMPETENT JURISDICTION OF LUBBOCK COUNTY, TEXAS. 17. Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 24, BELOW, SIEMENS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SIEMENS TOTAL LIABILITY ARISING AT ANY TIME FROM THE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE AGREEMENT PRICE PAID FOR THE EQUPMENT. THESE LIMITATIONS APPLY Page 6 of 15 — Siemens Product Trial Equipment.2.final WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 18. Entire Agreement. This Agreement, including terms and provisions incorporated in this Agreement by reference, contains the entire agreement between the parties with respect to the Equipment. This agreement may not be amended or modified without the prior written consent of both parties. 19. Partial Invalidity. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent to the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 20. No Third Party Beneficiary. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than Customer and SIEMENS. 21. Contractor. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between SIEMENS and the Customer. 22. Applicable laws. SIEMENS shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the activities contemplated herein. 23. Incorporation of RFP, Response and Memorandum. All terms, provisions and obligations provided in the RFP, the Response and Memorandum, as defined below, including without limitation, any and all representations and/or warranties Page 7 of 15 — Siemens Product Trial Equipment.2.f►nal of SIEMENS related to the Equipment and/or the performance and/or capabilities of said Equipment, are incorporated in this Agreement the same as if fully copied herein. In the event of any inconsistency and/or conflict between the terms of this Agreement and the Response, the RFP and/or Memorandum, the terms of the Response, the RFP and Memorandum shall prevail and control. In the event of any inconsistency and/or conflict between the Response, the RFP and the Memorandum, the terms of the RFP and Memorandum shall prevail and control. 24. Indemnity of SIEMENS. SIEMENS shall indemnify and hold harmless the City of Lubbock, and its elected officials, officers, directors, employees, agents, consultants, and contractors from any and all third party claims, costs, losses, and demands or judgments for damages for claims (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs), to the extent (i) cause by or related to a negligent act or omission of SIEMENS, or its officers, directors, employees, agents, contractors or subcontractors, or anyone for whom SIEMENS is responsible; and (ii) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or damage to third paty tangible property. SIEMENS Water Technologies, Corp., a Massachus s cor o ation: By: Name: 15WT VP_ Title: (Ptopu.c-r IM"6 2 Date of execution: A(. or 4 12th , 2008 Page 8 of 15 — Siemens Product Trial Equipment.2.final CITY OF LUBBOCK ��"V/J -gz�- TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams, Deputy City Manager APPROVED AS TO FORM: Richard K. Oasner, First Assistant City Attorney Page 9 of 15 — Siemens Product Trial Equipment.2.final Resolution No. 2008 RO270 SCHEDULE A DESCRIPTION OF EQUIPMENT MEMBRANE UNIT: SIEMENS will supply all equipment (collectively, "Equipment"), and perform all services and activities described in that certain Request for Proposal, RFP No. 08-726- BM, Membrane Pilot Study and Qualification Program ("RFP") , SIEMENS' Response to the RFP ("Response") and that certain Memorandum, prepared by Black & Veatch Corporation, dated on or about July 25, 2008, ("Memorandum"), said Memorandum being attached hereto as Exhibit "A", all of which being incorporated in this Agreement as if fully copied herein, including without limitation, a 1L20 trial unit. This unit contains one (1) L20V modules. This system is referred to by the trade name CMF (Continuous Membrane). The L20 sub -modules will contain oxidant resistant membrane material. This membrane material used will be based on the raw water quality and the need for oxidant dosing of the feed water. PROPER VOLTAGE FOR UNIT: Please indicate the voltage that will be available at the side. The standard voltage for the CMF trial unit is 480 volt, three phase. 480 VOLT, THREE PHASE (15 Amp) 240 VOLT, THREE PHASE (30 Amp) SPECIAL VOLTAGE REQUIREMENT CHARGE FOR SPECIAL VOLTAGE COMPRESSOR: Appropriate for backwash requirements of 1 L20 PROPER VOLTAGE FOR UNIT: Compressor shall be supplied with the same voltage as the customer had requested for the CMF unit. MONTHLY RENTAL CHARGE: included INLET PRESCREENS: 500 Micron Basket Strainer (Unit has a "Y" strainer) MONTHLY RENTAL CHARGE: not included Note: Pilot unit is not equipped with turbidimeters or particle counters. Please contact our SIEMENS Representative to discuss any instrumentation needs to meet the test protocol requirements. Page 10 of 15 — Siemens Product Trial Equipment.2.final TRIAL DATES: EQUIPMENT DELIVERY DATE TRIAL START DATE TRIAL END DATE DECOMMISSION DATE September 15, 2008 October 1, 2008 April 1, 2009 April 15, 2009 DATE SIEMENS SERVICE ENGINEER ON CUSTOMER'S SITE As requested by Customer IF EXTENDING TO A MONTH -TO -MONTH LEASE, CUSTOMER SHALL GIVE WRITTEN NOTICE AS FOLLOWS WHICH SHALL BE SIGNED BY AN OFFICER OF THE CUSTOMER: PLEASE ACCEPT THIS NOTICE OF CUSTOMER'S INTENTION TO EXTEND THE TRIAL EQUIPMENT RENTAL AGREEMENT FOR <PROJECT NAME> TO A MONTH -TO -MONTH LEASE. CUSTOMER AGREES THAT ALL TERMS IN THIS AGREEMENT APPLY TO THE EXTENSION. AS A RESULT, THIS AGREEMENT WILL NOT END ON (FILL IN TRIAL END DATE AS LISTED ABOVE). PLEASE ADJUST YOUR RECORDS ACCORDINGLY. DATE OF NOTICE SIGNATURE AND TITLE Page 11 of 15 — Siemens Product Trial Equipment.2.final Resolution No. 2008—RO270 SCHEDULE B SCOPE OF WORK SIEMENS: Will supply equipment as described in schedule A and all equipment (collectively, "Equipment"), and perform all services and activities described in that certain Request for Proposal, RFP No. 08-726-BM, Membrane Pilot Study and Qualification Program ("RFP") , SIEMENS' Response to the RFP ("Response") and that certain Memorandum, said Memorandum being attached hereto as Exhibit "A", prepared by Black & Veatch Corporation, dated on or about July 25, 2008, ("Memorandum"), all of which being incorporated in this Agreement as if fully copied herein, including without limitation, SIEMENS will supply supervision of equipment start up, check hydraulic and electrical connections and provide operator training. CUSTOMER: Customer will supply Licensed electrician and plumbing services for interconnecting piping and system hookup to power source, and water source and discharge. CONSIDERATIONS: While many issues have no effect on the cost of the pilot if taken into account prior to shipping the equipment, making changes on site can be costly. Please review the following carefully and mark the appropriate blanks Supply Water must be delivered to the Membrane plant with sufficient head to fill the break tank (7 ft. above the floor). If the supply pressure is from a dedicated pump that must be shut off when the Membrane plant is not drawing water please indicate Cleaning Chemical cleaning solution is 2% citric followed by 1000 ppm chlorine, which must drain by chemicals gravity from the break tank during the cleaning cycle. If there is no sanitary sewer in which to discharge by gravity, provisions must be made for either neutralization prior to discharge, or removing the chemical discharge from the site. If there is no sanitary sewer please indicate Backwash Since the backwash water generally contains no chemical it can frequently be discharged back water to the source. If the backwash water will be drained back to source by gravity please indicate. Backwash and filtrate to be returned to main plant intake wetwell Other If the SIEMENS unit will need to communicate with any other equipment please indicate Customer _ Notes Page 12 of 15 — Siemens Product Trial Equipment.2.final EXHIBIT C SHIP TO ADDRESS OR LOCATION (Must be completed for delivery of pilot equipment) Ship to Address of Equipment Site Name Site Address City, State, and Zip Contact Name(s) Telephone Shipping/Receiving Hours Fax *Please include maps or detailed directions if site is a remote location Page 13 of 15 — Siemens Product Trial Equipment.2.final ATTACHMENT 1- TECHNICAL DATA SHEETS & DRAWINGS Page 14 of 15 — Siemens Product Trial Equipment.2.final SIEMENS Water Technologies, Corp. TELEPHONE 515-268-8400 600 ARRASMITH TRAIL FASIMILE 515-268-8500 AMES, IA 50010 WEBSITE www.Siemens.com Customer Information In order to comply with the requirements of the Sarbanes-Oxley Act, Siemens must maintain accurate data on all customers. Please fill out the requested information and return to Siemens. Information is for Siemens use only. Company Name: Ship to Address: City: State, Zip Code: Shipping Contact: Phone: Fax: Email (optional): Invoice to: Address: City: State, Zip Code: Accounting Contact: Phone: Fax: Email (optional): Taxable: Yes: No: Tax ID (ein or ssn) Date: By: Please fax to: Pilot Fleet Manager Siemens — Memcor, Microfloc & General Filter Products Phone #: 515-268-4000 Fax #: 515-268-8459 Entered by: Customer Number: Route To: rc: S iemensProductAgreement.2.final SIEMENS USE ONLY Page 15 of 15 — Siemens Product Trial Equipment.2.final Resolution No. 2008-RO270 Exhibit "A" BLACK & VEATCH CORPORATION MEMORANDUM City of Lubbock, TX Lake Alan Henry Water Treatment Plant Pilot Testing Program Pilot Unit Installation To: 11v1r. Wood Franklin City of Lubbock From: David Timmermann, Norm Jagels Project No. 161704.0300 B&V File B-1.01 July 25, 2008 This document presents the proposed scope of work where assistance is requested for the installation of four membrane pilot plants. The following paragraphs outline the items that need to be completed for the startup of the pilot units and provide detailed instructions on pipe connections, pipe routing and materials of construction. All electrical and plumbing work should be completed by August XX, 2008. If there are any questions or if you would like to discuss the scope of work in further detail, please contact Norm Jagels or David Timmermann with Black & Veatch at 214-570-7000. Requested City of Lubbock Assistance 1. Unload, uncrate, position and install all delivered equipment. The equipment is to be furnished by the City of Lubbock or others as indicated. All crating materials should be stored.until the-aornpletion o€the pilot -study: City -of Lubbock will -be responsible for properly packing all of the provided components for safe shipping. 2. The following equipment is to be installed as described below: Raw Water Supply Pump Supplied by the City of Lubbock (See Raw Water Pump Data) Electrical requirements vary based on final pump selection Two Plate Settler Pilot Units obtained by the City of Lubbock through Meurer Research, Inc. • 240V, 3 phase each • I Circuit 110 V, 20 Amp each Raw Water Strainer supplied by the City of Lubbock (See Raw Water Strainer Data) No power required Membrane Skid Supplied by Pall Water Processing • 230 V, 30 Amp, single phase (pilot skid) • 230 V, 40 Amp, single phase (air compressor) • 120 V, 20 Amp (service outlet) 07/25/2008 Page 1 Membrane Skid Supplied by Siemens-Memcor (Pressure Type) • 460 V, 15 Amp, 3 Phase (pilot skid) • 460 V, 15 Amp, 3 phase (air compressor) Membrane Skid Supplied by Siemens-Memcor (Submerged Type) • 460 V, 15 Amp, 3 Phase (pilot skid) • 460 V, 15 Amp, 3 phase (air compressor) Membrane Skid Supplied by Zenon • 460 V, 30 AMP, 3 phase (pilot & air compressor skids) Engine/Generator for operating pilot units and associated equipment during a power outage to be provided by the City of Lubbock. • Size will depend on existing systems besides the pilot facilities that will be operated during the power outage. If assistance is needed to determine the size needed, please contact us. Backwash Return Pump supplied by the City of Lubbock • 11 OV, 20 Amp Recycle Pump with float switch supplied by the City of Lubbock • 115 V, 20 Amp Transfer Pump with tine switch supplied by the City of Lubbock • 115 V, 20 Amp 3. Install dedicated phone lines for intemet service to each membrane pilot unit. 4. Install inlet and outlet piping to and from the membrane units outside the membrane system scope of supply including: source water header, individual branch lines to membrane units, CIP Waste line, MW Waste line, backwash waste line, and filtrate header. 5. Install and field route inlet, outlet, bypass and overflow lines associated with 2,100 gallon settled water tank, 500 gallon backwash tank, 3,000 gallon MW waste tank (Acidic), 3,000 gallon CIP waste tank (Hypochlorite/Caustie), 500 gallon lake return tank, 3,000 gallon settling tank, 2,500 gallon recycle water storage tank, and 3,000 gallon solids storage tank. 6. Install flow meters, valves, timer, and strainers not associated with the equipment provided by the membrane system pilot suppliers or the plate settler pilot suppliers. 7. Provide chemicals for operation of the pilot plant. (Additional details to follow): • Poiyaluminum Chloride • Sodium hypochlorite 07/25/2008 Page 2 The following paragraphs provide detailed instructions on the materials of construction, pipe routes, etc. Refer to the attached Figure I Pilot Plant Piping Arrangement for the arrangement and general sizing of piping required. Pilot Plant Storage Tanks The pilot plant requires the purchase of S storage tank units which range in size and application from 500 gallons to 3,000 gallons. The storage tank units should be purchased as follows: Tank Minimum Size gallons Service Material Minimum Inlet/Outlet Size Backwash 500 Settled Water Polyethylene 3 inch Settled Water 2,100 Settled Water Polyethylene 4 inch Lake Return 500 Settled Water/Filtrate Polyethylene 3 inch MW & CIP Waste 3,000 Chemical Pol eth lene 4 inch MW & CIP Waste _3,000 ~ Chemical Polyethylene 4 inch Settlin Tank 3,000 Solids Handling Polyethylene 3 Recycle Water Storage 2,500 1 Solids Handling Polyethylene 3 Solids Storage 3,000 Solids Handling Polyethylene 3 Based on preliminary layouts, it appears the settled water, both chemical tanks, settling tank, recycled water storage, and solids storage tank will need to be located outdoors near the administration and shop building. Backwash. Tank...: The 500 gallon backwash tank will receive the backwash waste flow from the membrane pilot units. A submersible type pump will be required in the backwash tank to pump the backwash waste back to the raw water supply line at the head of the pilot plant. The tank needs to be open top or be provided with a large enough opening in the top for installation of the backwash return pump. Lake Return Tank The 500 gallon lake return tank will receive flows from the 6-inch filtrate header. Minimum size for the inlet, outlet, and overflow is 3-inch diameter. A 6-inch lake return line will return flow back to the lake. The discharge of the lake return line into the lake should be located at a minimum of 500 feet from the existing intake structure. MW and CIP Waste Tanks (2) Two 3,000 gallon MW and CIP Waste tanks will be required to collect the waste from the membrane pilot units for suitable disposal off -site. One tank will hold acidic waste and the other will hold hypochlorite and caustic waste. Both tanks will require 4-inch minimum inlet and outlet fitting connections which are typical maximum inlet/outlet sizes. Outlet fittings need to be coordinated with the connection to the truck to be used for disposing of the waste. Provide overflows from each tank to the existing reverse osmosis (RO) concentrate pond. 07/25/2008 Page 3 Settled Water Tank The 2,100 gallon settled water tank will receive flows from the plate settlers and provide settled water to each of the membrane pilot units. Maximum water level in the tank should be 6 feet or less. inlet, outlet, and overflow connections need to be a minimum of 4-inch diameter. Provide a ''/z" sampling valve on the tank inlet and a drain connection on the outlet from the tank. Provide a 4-inch bypass around the tank. Settling Tank Settled solids from the plate settler unit will intermittently discharge by gravity into the 9 foot diameter settling tank. The settling tank should be located so the water level is 1 to 2 feet below the high water level in the plate settler so that solids from the plate settlers can be discharged by gravity into the settling tank. The maximum water depth in the tank should be 6 feet. The settling tank will be equipped with a settled water header at the base of the tank to withdraw solids. The settled water header shall be constructed from 2 inch PVC pipe with''/z inch drilled openings spaced at 1 foot intervals as shown on Figure 1. The settling tank should be equipped with a 3-inch influent line from the plate settlers, a 3-inch settling tank overflow, and a 3-inch effluent connection for the solids removal header. Solids from the settling tank will be pumped to the solids storage tank. Provide a drain connection on the outlet from the tank. Recycle Water Storage Tank Settling tank overflow will discharge into the 9 foot diameter recycle water storage tank. The maximum height of the tank should be 5 feet with maximum water level of about 1 foot below the water level in the settling tank. The recycle water storage tank should be equipped with a 3- inch opening to receive the overflow from the settling tank, a 3-inch overflow connection, and a 2-inch recycle water effluent at the base of the tank. The recycled water will be returned to the plate settlers. Provide a drain connection on the outlet from the tank., if neccessary,. recycled water may be used for irrigation purposes. Solids Storage Tank The solids storage tank will receive solids settled in the settling tank. Solids will be hauled away or discharged to the existing R4 pond during emergency conditions. The tank should be provided with a 2-inch influent connection for the solids removal line, a 3-inch overflow connection and a 2-inch effluent connection. Outlet fittings need to be coordinated with the connection to the truck to be used for disposing of waste. The truck connection may serve as the drain for the solids storage tank. Raw water supply line A water supply of 220 gpm will be pumped from Lake Alan Henry at the existing intake structure near the dam and conveyed through a raw water line to the pretreatment units. The pipeline would consist of a 4-inch hose from the supply pump to the platform and 6-inch PVC or HDPE pipe to the pretreatment units. Provide a %x" sampling valve in the raw water supply line upstream of any chemical feed and backwash return. 07/25/2008 Page 4 Plate Settler Pilot Units Two plate settler pilot units which are self-contained, complete with chemical feed equipment, inline mixer, 3 stage flocculators, inlet diffusers, plate settlers and sludge removal equipment have been selected. Install plate settlers as follows: • Place level pad near the north end of the administration and shop building with minimum dimensions of I0 feet wide by 25 feet long for each plate settler unit. Acceptable pad materials would be well compacted road base, asphalt, or concrete. The tank bottom must be fully supported. Confirm that units are mounted at a high enough elevation to permit gravity flow of the effluent to the settled water tank and gravity flow of the sludge to the settling tank. Install handrails provided. • Install static rapid mixer, inlet throttling valve, and inlet flow meter at inlet to each unit and electrically actuated sludge outlet valve at sludge outlet if not already installed when delivered. • Install raw water supply piping, outlet piping to the settled water tank, and sludge outlet piping to the 9' diameter settling tank for each unit. • Install chemical feed system inside the administration and shop building and feed piping to feed points on plate settlers. • Make electrical connections to plate settler including controls, drive motors, sludge collector, and flow meters as required. Provide power to chemical feed equipment. Raw Water Supply PumQ A single submersible type pump will be supported from the bridge near the existing intake. The raw water pump data is as follows: Type of.Pump............ Number of Units Rated total head, ft Capacity at rated head, gpm Horsepower Submersible I plus I spare available 115 220 20-25 (Varies by Model) The ITT Flygt NS3153 pump or ITT Goulds 4NS pump are recommended for this application. The pump should be selected and purchased by the City of Lubbock. The ITT Flygt pump is available through 3&L Equipment and the ITT Goulds pump is available locally through Global Pump and Equipment. The lead times vary by manufacturer and may be as long as 6-8 weeks. Raw Water Strainer The City of Lubbock should purchase and install a raw water strainer, to be located upstream of the plate settlers, for removing debris from the raw water. The strainer should be a simplex basket type strainer with a 4-inch inlet/outlet and a 3/16-inch perforated basket. Strainers are available in both PVC and Cast Iron with plastic or stainless steel baskets. Provide reducers and increasers as required to connect to upstream and downstream piping. Provide drain for strainer. Locate strainer to allow convenient removal of basket for cleaning. Hayward distributors in the area may be contacted at the following: 07/25/2008 Page 5 Plastic Strainer Distributors for Hayward Industrial Products Hatfield & Co. Silver Star Supply Co. 13400 Interstate 27 1904 West 3rd St. Amarillo, TX 79119 Odessa, TX 79763 Phone: (806) 622-2166 Fax: (806) 622-2057 Phone: (972) 288-7625 Fax: (972) 289-9063 Cast Iron Strainer Distributors Fabrotech Industries, Inc. Grainger 2089 Ninth Ave. 502 E. 40'h St Ronkonkoma, NY 11779 Lubbock, TX 79404 Telephone (631) 467-2040, 1-800-313-0153 Phone (806)-747-3594 Backwash Return Pump Provide a float operated sump pump for installation in the backwash tank to return backwash waste from the membrane pilot units to the pretreatment units. Pump should be capable of delivering approximately 20 gpm (minimum) at a head of 20 feet. Suggested pump from Grainger is Item No. 3BB68 manufactured by Dayton. Install a flow meter in the discharge of the pump to continuously monitor flow. A customer service type meter with a capacity of 20 gpm and a totalization feature would be acceptable. Limit backwash return flow to 10 percent of raw water flow to the plate settler units. Transfer Pump and Timer Switch Provide a pump to convey solids from the solids removal header in the settling tank to the solids storage tank. The pump should be capable of handling solids and discharging 20 gpm. The suggested pump is available through Grainger Item No. 2P390 manufactured by Dayton. Provide a time switch for controlling the, time of operation of the transfer pump. Timer should be capable of at least 10 cycles per day with minimum pump operating time of 30 seconds. A 2- inch gate valve should be installed downstream of the transfer pump to allow throttling of pumping rate. Recycle Pump Provide a recycle pump to return the water from the recycle water storage tank to the plate settler units. The pump should be throttled to approximately 2 gpm. The suggested pump is available through Grainger Item No. 2P390 manufactured by Dayton. Install a flow meter in the discharge of the pump to continuously monitor flow. A customer service type meter with a capacity of 10 gpm and a totalization feature would be acceptable. A 1-inch gate valve should be installed downstream of the recycle pump to allow throttling of pumping rate. Install a float switch in the tank to shut off the pump on low level. Membrane Pilot Units Four membrane pilot units are to be installed in the existing administration and shop building. Membrane pilot units are scheduled to arrive on site the week of August XX. 2008. Final positioning of the membrane pilot units will be performed by City of Lubbock staff with assistance from Parkhill Smith and Cooper personnel and Black & Veatch personnel. Final plumbing connections associated with the membrane units will be made by the City of Lubbock staff. Final electrical connections will be made by City of Lubbock staff. 07/25/2008 Page 6 Pilot Unit Positioning The pilot plants should be positioned approximately as shown in the attached Figure 2 Pilot Plant Arrangement Plan. Special care must be taken to allow adequate space for ingress, egress, and access to the pilot units. Phone Lines for DSL Service Each of the pilot units should have a dedicated phone line with Cap Rock Telephone Cooperative, Inc. serving as the Internet Service Provider (ISP). The internet connection will allow the membrane manufacturer to continually monitor the pilot unit performance and provide feedback on performance and assist with routine and non -routine maintenance if necessary. To order service Cap Rock Telephone Service may be contacted at 1.800.692.4242. • Dedicated internet lines are required, one for each of the pilot units. The City of Lubbock needs to provide an internet router with enough LAN ports to accommodate the total number of pilot units. Connect the router to the DSL modem provided by Cap Rock Telephone service enabling internet access to multiple pilot units. Connections to the membrane pilot units from the router LAN ports should be made by using ethernet cable. 07/25/2008 Page 7 CONTRACT NO. Resolution No. 2008-RO270 8528 SIEMENS PRODUCTS PROFESSIONAL SERVICES AND TRIAL EQUIPMENT RENTAL AGREEMENT FOR MEMCOR CONTINUOUS MEMBRANE FILTRATION UNIT This Agreement is entered into this 12th day of August , 2008, between SIEMENS Water Technologies, Corp., a Massachusetts corporation, with its principal office at 600 Arrasmith Trial, Ames, Iowa 50010, ("SIEMENS") and the City of Lubbock, Texas, a Texas home rule municipal corporation ("Customer"). IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN CONTAINED, SIEMENS and Customer agree as follows: 1. Rental of Equipment. Subject to the terms and conditions hereof, SIEMENS hereby agrees to lease to Customer and Customer hereby agrees to lease from SIEMENS the Equipment as listed on Schedule A and as otherwise described or provided herein and each agrees to the Scope of Work as stated on Schedule B and as otherwise described or provided herein. A SIEMENS Trial Process Engineer will commission the Equipment on the date stated on Schedule A. 2. Term. The term of this Agreement shall commence upon the trial start date and end, unless sooner terminated or extended, on the decommission date as stated on Schedule A. If the trial is not complete at the trial end date or for such other reason as determined by the Customer, the lease may continue as a month -to -month lease upon receipt by SIEMENS of Customer's intention to continue the Agreement as a month -to -month lease. The notice shall be in the form as set forth on Schedule A and shall be sent via facsimile. Page 1 of 16 — Siemens Products Trial Equipment Rental Agreement 3. Fees. Customer shall pay a lump sum fee of $40,000.00 for start-up, service, freight and all activities, lease costs and all other items or things as set forth in this Agreement, payable as follows: $20,000.00 upon delivery and start up/and $20,000.00 payable upon successful completion of pilot test. At the end of the trial period the Customer may extend the lease on a month -to -month basis. The lump sum fee prescribed herein includes three days of service for the installation, start-up and on -site training by SIEMENS personnel of all necessary personnel involved with the operation of the Equipment, and rental of the membrane filtration unit and ancillary equipment as listed in Schedule A and as otherwise described or provided herein. If the lease continues after the trial end date as a month -to -month lease, Customer shall pay a monthly rental charge of $3,000.00 per month for the Equipment. All changes will be invoiced by SIEMENS and shall be paid by Customer within 30 days of invoice. 4. Taxes. Customer shall be liable for any and all taxes imposed by any authority, payable by it, if any, for rental or sale of the Equipment, including but not limited to any sales or use tax. 5. Delivery, Use and Care. The Equipment will be shipped to the Customer F.O.B. point of deliver at the pilot test site at Lake Alan Henry and returned to SIEMENS F.O.B. the pilot test site at Lake Alan Henry. The Equipment shall be kept and used at the Customer's test site and shall not be moved without the prior consent of SIEMENS. Customer shall properly document the performance of the Page 2 of 16 — Siemens Products Trial Equipment Rental Agreement equipment as directed during the on -site training by SIEMENS personnel and shall include daily entries to trial log sheets furnished by SIEMENS and agrees to use the Equipment only in operations consistent with the operating conditions and manual. 6. Title. Title to the Equipment shall remain with SIEMENS and Customer shall not permit any lien, or security interest to be placed on or against the Equipment. 7. Maintenance and Repairs. Customer agrees to notify SIEMENS when the Equipment needs repair or maintenance or at the time of any accident affecting the Equipment. Notice may be made via the telephone but, in an accident, Customer shall set forth the relevant facts in writing and shall forward it to SIEMENS via facsimile. At the time of notification, SIEMENS will advise Customer of proper action to be taken. Customer agrees to prohibit anyone other than persons approved by SIEMENS from making any repairs or adjustments to the Equipment. The repair and maintenance shall be done in accordance with good maintenance procedures and by following repair and maintenance standards as set forth in SIEMENS operating procedures manuals available from SIEMENS. Such procedure includes the use of chemicals approved by SIEMENS. In addition, Customer shall not, without prior approval of SIEMENS, affix or install any accessory, attachment, or other device to any Equipment. 8. Responsibility of Customer. Customer's responsibility for the Equipment shall commence upon delivery of the Equipment to the job site and continue until the Equipment is shipped to SIEMENS. Customer, to the extent permitted by law Page 3 of 16 — Siemens Products Trial Equipment Rental Agreement shall indemnify and hold SIEMENS harmless from any claim or damage arising in connection with such Equipment caused by the negligence of Customer, and Customer's agents, employees and independent Contractors. 9. Termination. Customer may terminate this Agreement by giving 15 days written notice to SIEMENS. Customer shall return the Equipment to SIEMENS, within two weeks from the termination date at SIEMEN' S expense. The rights of the parties which have accrued prior to termination shall not be affected by termination. 10. Return Condition of Equipment. When received by SIEMENS, Equipment shall be in the same operating condition and order and shall have the same appearance as when received by Customer at the beginning of the trial (reasonable wear and tear excepted). Building or tent if required to keep out of elements is not by OWR��11 11. Insurance. Customer shall provide and pay for insurance, which may be self insurance, protecting the Equipment against physical loss or damage in the amount equal to the full insurable value of the Equipment. Customer shall also maintain the customer's customary liability insurance, which may be self insurance, for protection against bodily injury and property damage caused or arising out of Customer's possession, use, and operation of the Equipment. 12. Notice. Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to Page 4 of 16 — Siemens Products Trial Equipment Rental Agreement designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For Customer: Director of Water Utilities City of Lubbock P O Box 2000 Lubbock, Texas 79457 Facsimile: 806-775-2051 For SIEMENS: Pilot Fleet Manager SIEMENS Water Technologies, Corp Memcor, Microfloc & General Filter Products Phone #: 515-268-4000 Fax #: 515-268-8459 13. Assignment. Neither party hereto shall assign this Agreement without the prior written consent of non -assigning party. 14. Default. Any one or more of the following shall constitute an event of default: (a) Failure by Customer to pay an invoice payable to SIEMENS within sixty (60) days after the due date hereof, or (b) Failure by Customer or SIEMENS to perform any other provision of this Agreement, if such failure shall continue for a period of thirty (30) days after written notice thereof by the non -defaulting party to the defaulting party; or Page 5 of 16 — Siemens Products Trial Equipment Rental Agreement (c) The making or permitting by Customer of any unauthorized use, assignment or transfer of the Equipment. If either party shall default in its obligations under this Agreement, and does not cure such default as provided for in this Section 14, or, if no such cure time is provided, within fifteen (15) days of written notice of such default, then the other party may terminate this Agreement by written notice of such termination. The remedies provided by this Agreement shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies available at law or in equity. 15. Warran . SIEMENS shall deliver the Equipment free of defect in workmanship and material at the time and place of delivery. SIEMENS represents and warrants to Customer that the Equipment shall be capable of performing any and all activities and functions prescribed in this Agreement. SIEMENS, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES AS TO THE QUALITY OF ANY GOODS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT, EXCEPT AS PROVIDED IN SECTION 24, BELOW, SHALL SIEMENS BE RESPONSIBLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. If customer purchases the Equipment, SIEMENS shall supply customer with SIEMENS standard warrant as stated in SIEMENS standard terms and conditions. 16. Governing Law. THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT Page 6 of 16— Siemens Products Trial Equipment Rental Agreement WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN COURTS OF COMPETENT JURISDICTION OF LUBBOCK COUNTY, TEXAS. 17. Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 24, BELOW, SIEMENS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SIEMENS TOTAL LIABILITY ARISING AT ANY TIME FROM THE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE AGREEMENT PRICE PAID FOR THE EQUPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 18. Entire Agreement. This Agreement, including terms and provisions incorporated in this Agreement by reference, contains the entire agreement between the parties with respect to the Equipment. This Agreement may not be amended or modified without the prior written consent of both parties. 19. Partial Invalidity. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent to the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Page 7 of 16 — Siemens Products Trial Equipment Rental Agreement Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 20. No Third Party Beneficiary. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than Customer and SIEMENS. 21. Contractor. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between SIEMENS and the Customer. 22. Applicable laws. SIEMENS shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the activities contemplated herein. 23. Incorporation of RFP, Response and Memorandum. All terms, provisions and obligations provided in the RFP, the Response and Memorandum, as defined below, including without limitation, any and all representations and/or warranties of SIEMENS related to the Equipment and/or the performance and/or capabilities of said Equipment, are incorporated in this Agreement the same as if fully copied herein. In the event of any inconsistency and/or conflict between the terms of this Agreement and the Response, the RFP and/or Memorandum, the terms of the Response, the RFP and Memorandum shall prevail and control. In the event of any inconsistency and/or conflict between the Response, the RFP and the Memorandum, the terms of the RFP and Memorandum shall prevail and control. 24. Indemnity of SIEMENS. SIEMENS shall indemnify and hold harmless the City of Lubbock, and its elected officials, officers, directors, employees, agents, Page 8 of 16 — Siemens Products Trial Equipment Rental Agreement consultants, and contractors from any and all third party claims, costs, losses, and demands or judgments for damages for claims (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs), to the extent (i) cause by or related to a negligent act or omission of SIEMENS, or its officers, directors, employees, agents, contractors or subcontractors, or anyone for whom SIEMENS is responsible; and (ii) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or damage to third paty tangible property. SIEMENS Water Technologies, Corp., a Massachusafts co oration: By: - �Tav Name: Title: ) twv r.%' M"t- Date of execution: AUbu.5f 4 12th � 2008 CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: Rebe 'ca Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams, Deputy City Manager Page 9 of 16 — Siemens Products Trial Equipment Rental Agreement APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney Page 10 of 16 — Siemens Products Trial Equipment Rental Agreement Resolution No. 2008 RO270 SCHEDULE A DESCRIPTION OF EQUIPMENT MEMBRANE FILTRATION UNIT: SIEMENS will supply all equipment (collectively, "Equipment"), and perform all services and activities described in that certain Request for Proposal, RFP No. 08- 726-BM, Membrane Pilot Study and Qualification Program ("RFP") , SIEMENS' Response to the RFP ("Response") and that certain Memorandum, prepared by Black & Veatch Corporation, dated on or about July 25, 2008, ("Memorandum"), said Memorandum being attached hereto as Exhibit "A", all of which being incorporated in this Agreement as if fully copied herein, including without limitation, a 4S10 trial unit. This unit contains four (4) modules and operates with a suction pump that draws the water through the membranes. This system is referred to by the trade name XS and is a submerged system. The S 10 sub - modules will contain either oxidant resistant membrane material. This membrane material used will be based on the raw water quality and the need for oxidant dosing of the feed water. PROPER VOLTAGE FOR UNIT: Standard voltage for the 4S 10 unit is 480 VAC, 3 phase. Please indicate if the electrical supply is different from this standard. 480 VOLT, THREE PHASE (15 Amp) 220 VOLT, THREE PHASE (30 Amp) SPECIAL VOTAGE REQUIREMENT CHARGE FOR SPECIAL VOLTAGE The lump sum charge includes the following equipment: Item Number Description SIEMENS unit model 4S 1 OV, comprised of four (4) S I OV modules with ABS/Nylon/HDPE pipework. Keystone butterfly valves and actuators with stainless steel discs, filtrate magnetic flow meter, pressure transmitter, 1. I (one) ea. Stainless steel frame, Allen Bradley SLC 5/03 PLC and software mounted in NEMA- 4X stainless steel enclosure. Electrical requirements comply with NEC and NEMA- 4 specifications. Page 11 of 16 — Siemens Products Trial Equipment Rental Agreement 2. 1 (one) ea. Backwash air supply system consisting of the following: 1 (one) ea. 100% 3 HP Atlas Copco Air Compressor to provide 7.5 cfm @ 175 psi. 1 (one) ea. 100% Process aircoalescer and membrane filter assembly 60 gallon Backwash air receiver ASME code epoxy coated inside and prime 1 (one) ea. On the exterior with pressure relief and pressure gauge. Note: Pilot unit is equipped with turbidimeters or particle counters. Please contact our SIEMENS Representative to discuss any additional instrumentation needs to meet the test protocol requirements. TRIAL DATES: EQUIPMENT DELIVERY DATE TRIAL START DATE TRIAL END DATE DECOMMISSION DATE DATE SIEMENS SERVICE ENGINEER ON CUSTOMER'S SITE September 15, 2008 October 1, 2008 April 1, 2009 April 15, 2009 As requested by Customer IF EXTENDING TO A MONTH -TO -MONTH LEASE, CUSTOMER SHALL GIVE WRITTEN NOTICE AS FOLLOWS WHICH SHALL BE SIGNED BY AN OFFICER OF THE CUSTOMER: PLEASE ACCEPT THIS NOTICE OF CUSTOMER'S INTENTION TO EXTEND THE TRIAL EQUIPMENT RENTAL AGREEMENT FOR CUSTOMER TO A MONTH -TO -MONTH LEASE. CUSTOMER AGREES THAT ALL TERMS IN THIS AGREEMENT_ APPLY TO THE EXTENSION. AS A RESULT, THIS AGREEMENT WILL NOT END ON(FILL IN TRIAL END DATE AS LISTED ABOVE). PLEASE ADJUST YOUR RECORDS ACCORDINGLY. DATE OF NOTICE SIGNATURE AND TITLE Page 12 of 16 — Siemens Products Trial Equipment Rental Agreement Resolution No. 2008—RO270 SCHEDULE B SCOPE OF WORK SIEMENS: Will supply equipment as described in Schedule A and all equipment (collectively, "Equipment"), and perform all services and activities described in that certain Request for Proposal, RFP No. 08-726-13M, Membrane Pilot Study and Qualification Program ("RFP") , SIEMENS' Response to the RFP ("Response") and that certain Memorandum, said Memorandum being attached hereto as Exhibit "A", prepared by Black & Veatch Corporation, dated on or about July 25, 2008, ("Memorandum"), all of which being incorporated in this Agreement as if fully copied herein, including without limitation, as part of commissioning services SIEMENS will supply supervision of equipment start up, check hydraulic and electrical connections and provide operator training. CUSTOMER: Customer will supply Licensed electrician and plumbing services for interconnecting piping and system hookup to power source, and water source and discharge. CONSIDERATIONS While many issues have no effect on the cost of the pilot if taken into account prior to shipping the Equipment, making changes on site can be costly. Please review the following carefully and mark the appropriate blanks Supply Customer is responsible for a suitable source that can be used to supply the membrane filtration unit. The Memcor® XS requires filtering, or prescreening, of the raw feed water in order to protect the Memcor® membranes from damage from large particulate. The trainers will screen out large particulate from all feed water destined for further filtration by the XS membranes. If no prescreening of the feed water is available please indicate. Water must be delivered to the membrane filtration plant with sufficient head to fill the membrane tank (7 R. above the floor). If the supply pressure is from a dedicated pump that must be shut off when the membrane filteration plant is now drawing water please indicate. Cleaning Chemical cleaning solution is 2%citric followed by 1000 ppm Chlorine, which Chemicals must drain by gravity from the membrane tank at the conclusion of the cleaning cycle. If there is no sanitary sewer in which to discharge by gravity, provisions must be made for either neutralization prior to discharge, or removing the chemical discharge from the site. Backwash Since the backwash water generally contains no chemical it can frequently be discharged Water back to the source. If the backwash water will be drained back to source by gravity please indicate. Other If the SIEMENS unit will need to communicate with any other equipment please indicate Customer Notes Page 13 of 16 — Siemens Products Trial Equipment Rental Agreement EXHIBIT C SHIP TO ADDRESS OR LOCATION (Must be completed for delivery ofpilot equipment) Ship To Address of Equipment* Site Name Site Address City, State, and Zip Contact Name(s) Telephone Fax Shipping/Receiving Hours *Please include maps or detailed directions if site is a remote location. Page 14 of 16 — Siemens Products Trial Equipment Rental Agreement ATTACHMENT I - TECHNICAL DATA SHEETS & DRAWINGS Page 15 of 16 — Siemens Products Trial Equipment Rental Agreement Customer Information In order to comply with the requirements of the Sarbanes-Oxley Act, SIEMENS must contain accurate date on all customers. Please fill out the requested information and return to SIEMENS. Information is for SIEMENS use only. Company Name: Ship to Address: City: _ State, Zip Code: Shipping Contact: Phone: Fax: Email (optional): Invoice to: _ State, Zip Code: _ Accounting Contact: Phone: _ Fax: _ Email (optional): _ Taxable: Yes: No: Tax ID (ein or ssn) Date: By: Please fax to: Pilot Fleet Manager SIEMENS Water Technologies, Corp. Memcor, Microfloc & General Filter Products Phone #: 515-268-4000 Fax #: 515-268-8459 SIEMENS USE ONLY Entered by: Customer Number: Route to: CityAtt/Richard/Siemens Products Agreement.final Page 16 of 16 — Siemens Products Trial Equipment Rental Agreement Resolution No. 2008—RO270 Exhibit "A" BLACK & VEATCH CORPORATION MEMORANDUM City of Lubbock, TX Lake Alan Henry Water Treatment Plant Pilot Testing Program Pilot Unit Installation To: Mr. Wood Franklin City of Lubbock From: David Timmermann, Norm Jagels Project No. 161704.0300 B&V File B-1.01 July 25, 2008 This document presents the proposed scope of work where assistance is requested for the installation of four membrane pilot plants. The following paragraphs outline the items that need to be completed for the startup of the pilot units and provide detailed instructions on pipe connections, pipe routing and materials of construction. All electrical and plumbing work should be completed by August XX, 2008. If there are any questions or if you would like to discuss the scope of work in further detail, please contact Norm Jagels or David Timmermann with Black & Veatch at 214-570-7000. Requested City of Lubbock Assistance I . Unload, uncrate, position and install all delivered equipment. The equipment is to be furnished by the City of Lubbock or others as indicated. All crating materials should be stomd.ittil the comp ,etion-o€the pilot -study: City -of Lubbock will be responsible.for properly packing all of the provided components for safe shipping. 2. The following equipment is to be installed as described below: Raw Water Supply Pump Supplied by the City of Lubbock (See Raw Water Pump Data) • Electrical requirements vary based on final pump selection Two Plate Settler Pilot Units obtained by the City of Lubbock through Meurer Research, Inc. • 240V, 3 phase each • 1 Circuit 110 V, 20 Amp each Raw Water Strainer supplied by the City of Lubbock (See Raw Water Strainer Data) • No power required Membrane Skid Supplied by Pall Water Processing • 230 V, 30 Amp, single phase (pilot skid) • 230 V, 40 Amp, single phase (air compressor) • 120 V, 20 Amp (service outlet) 07/25/2008 Page I Membrane Skid Supplied by Siemens-Memcor (Pressure Type) • 460 V, 15 Amp, 3 Phase (pilot skid) • 460 V, 15 Amp, 3 phase (air compressor) Membrane Skid Supplied by Siemens-Memcor (Submerged Type) • 460 V, 15 Amp, 3 Phase (pilot skid) • 460 V, 15 Amp, 3 phase (air compressor) Membrane Skid Supplied by Zenon • 460 V, 30 AMP, 3 phase (pilot & air compressor skids) Engine/Generator for operating pilot units and associated equipment during a power outage to be provided by the City of Lubbock. • Size will depend on existing systems besides the pilot facilities that will be operated during the power outage. If assistance is needed to determine the size needed, please contact us. Backwash Return Pump supplied by the City of Lubbock • 11 OV, 20 Amp Recycle Pump with float switch supplied by the City of Lubbock • 115V, 20 Amp Transfer Pump with timr switch supplied by the City of Lubbock • 115 V, 20 Amp 3. Install dedicated phone lines for internet service to each membrane pilot unit. 4. Install inlet and outlet piping to and from the membrane units outside the membrane system scope of supply including: source water header, individual branch lines to membrane units, CIP Waste line, MW Waste line, backwash waste line, and filtrate header. 5. Install and field route inlet, outlet, bypass and overflow lines associated with 2,100 gallon settled water tank, 500 gallon backwash tank, 3,000 gallon MW waste tank (Acidic), 3,000 gallon CIP waste tank (Hypochlorite/Caustic), 500 gallon lake return tank, 3,000 gallon settling tank, 2,500 gallon recycle water storage tank, and 3,000 gallon solids storage tank. 6. Install flow meters, valves, timer, and strainers not associated with the equipment provided by the membrane system pilot suppliers or the plate settler pilot suppliers. 7. Provide chemicals for operation of the pilot plant. (Additional details to follow): • Polyaluminum Chloride • Sodium hypochlorite 07/25/2008 Page 2 The following paragraphs provide detailed instructions on the materials of construction, pipe routes, etc. Refer to the attached Figure I Pilot Plant Piping Arrangement for the arrangement and general sizing of piping required. Pilot Plant Storage Tanks The pilot plant requires the purchase of 8 storage tank units which range in size and application from 500 gallons to 3,000 gallons. The storage tank units should be purchased as follows: Tank Minimum Size all ns Service Material Minimum Inlet/Outlet Size Backwash 500 Settled Water Polyethylene 3 inch Settled Water 2,100 Settled Water Polyethylene 4 inch Lake Return 500 Settled Water/Filtrate Polyethylene 3 inch MW & CIP Waste 3,000 Chemical Polyethylene 4 inch MW & CIP Waste 3,000 Chemical Polyethylene 4 inch Settling Tank 3,000 Solids Handling Polyethylene 3 Recycle Water Storage 2,500 Solids Handling Polyethylene 3 Solids Storage 3,000 Solids Handling Polyethylene 3 Based on preliminary layouts, it appears the settled water, both chemical tanks, settling tank, recycled water storage, and solids storage tank will need to be located outdoors near the administration and shop building. Backwash. Tank... The 500 gallon backwash tank will receive the backwash waste flow from the membrane pilot units. A submersible type pump will be required in the backwash tank to pump the backwash waste back to the raw water supply line at the head of the pilot plant. The tank needs to be open top or be provided with a large enough opening in the top for installation of the backwash return pump. Lake Return Tank The 500 gallon lake return tank will receive flows from the 6-inch filtrate header. Minimum size for the inlet, outlet, and overflow is 3-inch diameter. A 6-inch Lake return line will return flow back to the lake. The discharge of the lake return line into the lake should be located at a minimum of 500 feet from the existing intake structure. MW and CIP Waste Tanks (2) Two 3,000 gallon MW and CIP Waste tanks will be required to collect the waste from the membrane pilot units for suitable disposal off -site. One tank will hold acidic waste and the other will hold hypochlorite and caustic waste. Both tanks will require 4-inch minimum inlet and outlet fitting connections which are typical maximum inlet/outlet sizes. Outlet fittings need to be coordinated with the connection to the truck to be used for disposing of the waste. Provide overflows from each tank to the existing reverse osmosis (RO) concentrate pond. 07/25/2008 Page 3 Settled Water Tank The 2,100 gallon settled water tank will receive flows from the plate settlers and provide settled water to each of the membrane pilot units. Maximum water level in the tank should be 6 feet or less. Inlet, outlet, and overflow connections need to be a minimum of 4-inch diameter. Provide a '/2" sampling valve on the tank inlet and a drain connection on the outlet from the tank. Provide a 4-inch bypass around the tank. Settling Tank Settled solids from the plate settler unit will intermittently discharge by gravity into the 9 foot diameter settling tank. The settling tank should be located so the water level is I to 2 feet below the high water level in the plate settler so that solids from the plate settlers can be discharged by gravity into the settling tank. The maximum water depth in the tank should be 6 feet. The settling tank will be equipped with a settled water header at the base of the tank to withdraw solids. The settled water header shall be constructed from 2 inch PVC pipe with '/z inch drilled openings spaced at I foot intervals as shown on Figure I . The settling tank should be equipped with a 3-inch influent line from the plate settlers, a 3-inch settling tank overflow, and a 3-inch effluent connection for the solids removal header. Solids from the settling tank will be pumped to the solids storage tank. Provide a drain connection on the outlet from the tank. Recycle Water Storage Tank Settling tank overflow will discharge into the 9 foot diameter recycle water storage tank. The maximum height of the tank should be 5 feet with maximum water level of about 1 foot below the water level in the settling tank. The recycle water storage tank should be equipped with a 3- inch opening to receive the overflow from the settling tank, a 3-inch overflow connection, and a 2-inch recycle water effluent at the base of the tank. The recycled water will be returned to the plate settlers. Provide a dg in connection an the outlet from the tank. If necessary,. recycled water may be used for irrigation purposes. Solids Storage Tank The solids storage tank will receive solids settled in the settling tank. Solids will be hauled away or discharged to the existing RO pond during emergency conditions. The tank should be provided with a 2-inch influent connection for the solids removal line, a 3-inch overflow connection and a 2-inch effluent connection. Outlet fittings need to be coordinated with the connection to the truck to be used for disposing of waste. The truck connection may serve as the drain for the solids storage tank. Raw water suunly line A water supply of 220 gpm will be pumped from Lake Alan Henry at the existing intake structure near the dam and conveyed through a raw water line to the pretreatment units. The pipeline would consist of a 4-inch hose from the supply pump to the platform and 6-inch PVC or HDPE pipe to the pretreatment units. Provide a ''/2" sampling valve in the raw water supply line upstream of any chemical feed and backwash return. 07/25/2008 Page 4 Plate Settler Pilot Units Two plate settler pilot units which are self-contained, complete with chemical feed equipment, inline mixer, 3 stage flocculators, inlet diffusers, plate settlers and sludge removal equipment have been selected. Install plate settlers as follows: • Place level pad near the north end of the administration and shop building with minimum dimensions of 10 feet wide by 25 feet long for each plate settler unit. Acceptable pad materials would be well compacted road base, asphalt, or concrete. The tank bottom must be fully supported. Confirm that units are mounted at a high enough elevation to permit gravity flow of the effluent to the settled water tank and gravity flow of the sludge to the settling tank. Install handrails provided. • Install static rapid mixer, inlet throttling valve, and inlet flow meter at inlet to each unit and electrically actuated sludge outlet valve at sludge outlet if not already installed when delivered. • Install raw water supply piping, outlet piping to the settled water tank, and sludge outlet piping to the 9' diameter settling tank for each unit. • Install chemical feed system inside the administration and shop building and feed piping to feed points on plate settlers. • Make electrical connections to plate settler including controls, drive motors, sludge collector, and flow meters as required. Provide power to chemical feed equipment. Raw Water Supply Pump A single submersible type pump will be supported from the bridge near the existing intake. The raw water pump data is as follows: Type of Pump...... ..:. Submersible ... . Number of Units 1 plus 1 spare available Rated total head, ft 115 Capacity at rated head, gpm 220 Horsepower 20-25 (Varies by Model) The ITT Flygt NS3153 pump or ITT Goulds 4NS pump are recommended for this application. The pump should be selected and purchased by the City of Lubbock. The ITT Flygt pump is available through ]&L Equipment and the ITT Goulds pump is available locally through Global Pump and Equipment. The lead times vary by manufacturer and may be as long as 6-8 weeks. Raw Water $traingr The City of Lubbock should purchase and install a raw water strainer, to be located upstream of the plate settlers, for removing debris from the raw water. The strainer should be a simplex basket type strainer with a 4-inch inlet/outlet and a 3/16-inch perforated basket. Strainers are available in both PVC and Cast Iron with plastic or stainless steel baskets. Provide reducers and increasers as required to connect to upstream and downstream piping. Provide drain for strainer. Locate strainer to allow convenient removal of basket for cleaning. Hayward distributors in the area may be contacted at the following: 07/25/2008 Page 5 Plastic Strainer Distributors for Hayward Industrial Products Hatfield & Co. Silver Star Supply Co. 13400 Interstate 27 1904 West 3rd St. Amarillo, TX 79119 Odessa, TX 79763 Phone: (806) 622-2166 Fax: (806) 622-2057 Phone: (972) 288-7625 Fax: (972) 289-9063 Cast Iron Strainer Distributors Fabrotech Industries, Inc. Grainger 2089 Ninth Ave. 502 E. 40" St Ronkonkoma, NY 11779 Lubbock, TX 79404 Telephone (631) 467-2040, 1-800-313-0153 Phone (806)-747-3594 Backwash Return Pump Provide a float operated sump pump for installation in the backwash tank to return backwash waste from the membrane pilot units to the pretreatment units. Pump should be capable of delivering approximately 20 gpm (minimum) at a head of 20 feet. Suggested pump from Grainger is Item No. 3BB68 manufactured by Dayton. Install a flow meter in the discharge of the pump to continuously monitor flow. A customer service type meter with a capacity of 20 gpm and a totalizadon feature would be acceptable. Limit backwash return flow to 10 percent of raw water flow to the plate settler units. Transfer Pump and Timer Switch Provide a pump to convey solids from the solids removal header in the settling tank to the solids storage tank. The pump should be capable of handling solids and discharging 20 gpm. The suggested pump is available through Grainger Item No. 2P390 manufactured by Dayton. Provide, a time switch for controlling the time of operation of the,,transfer pump. Timer should be capable of at least 10 cycles per day with minimum pump operating time of30 seconds. A 2- inch gate valve should be installed downstream of the transfer pump to allow throttling of pumping rate. Recycle Pump Provide a recycle pump to return the water from the recycle water storage tank to the plate settler units. The pump should be throttled to approximately 2 gpm. The suggested pump is available through Grainger Item No. 2P390 manufactured by Dayton. Install a flow meter in the discharge of the pump to continuously monitor flow. A customer service type meter with a capacity of 10 gpm and a totalization feature would be acceptable. A I -inch gate valve should be installed downstream of the recycle pump to allow throttling of pumping rate. Install a float switch in the tank to shut off the pump on low level. Membrane Pilot Units Four membrane pilot units are to be installed in the existing administration and shop building. Membrane pilot units are scheduled to arrive on site the week of August XX. 2008. Final positioning of the membrane pilot units will be performed by City of Lubbock staff with assistance from Parkhill Smith and Cooper personnel and Black & Veatch personnel. Final plumbing connections associated with the membrane units will be made by the City of Lubbock staff. Final electrical connections will be made by City of Lubbock staff. 07/25/2008 Page 6 Pilot Unit Positioning The pilot plants should be positioned approximately as shown in the attached Figure 2 Pilot Plant Arrangement Plan. Special care must be taken to allow adequate space for ingress, egress, and access to the pilot units. Phone Lines for DSL Service Each of the pilot units should have a dedicated phone line with Cap Rock Telephone Cooperative, Inc. serving as the Internet Service Provider OSP). The internet connection will allow the membrane manufacturer to continually monitor the pilot unit performance and provide feedback on performance and assist with routine and non -routine maintenance if necessary. To order service Cap Rock Telephone Service may be contacted at 1.800.692.4242. • Dedicated internet lines are required, one for each of the pilot units. The City of Lubbock needs to provide an internet router with enough LAN ports to accommodate the total number of pilot units. Connect the router to the DSL modem provided by Cap Rock Telephone service enabling internet access to multiple pilot units. Connections to the membrane pilot units from the router LAN ports should be made by using ethernet cable. 07/25/2008 Page 7