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HomeMy WebLinkAboutResolution - 2008-R0272 - Professional Services Agreement - Pall Corporation - 08_12_2008Resolution No. 2008-RO272 August 12, 2008 Item No. 5.13 RESOLUTION E 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 cted to execute for and on behalf of the City of Lubbock a Professional Services/Pilot ly Rental Agreement by and between the City of Lubbock and Pall Corporation and related documents. Said Agreement is attached hereto and incorporated in this olution as if fully set forth herein and shall be included in the minutes of the Council. TTEST: by the City Council this 12th day of August 2008. A AS TO CONTENT: TOM MARTIN, MAYOR City Manager/Water Utilities Director AS TO FORM: =P� ird K. Casner, First Assistant City Attorney 080608 CONTRACT NO. -� Resolution No. 2008-RO272 Professional Services/ Pilot Study Rental Agreement This Professional Services/Pilot Study Rental Agreement is entered into this 12th day of August , 2008, by and between Pall Corporation, a New York corporation ("Lessor") and the City of Lubbock, Texas, a Texas home rule municipal corporation ("Lessee"). 1.0 Generally. These terms and conditions (these "terms") shall apply to the pilot study from Lessor including the use of certain equipment ("Equipment or "Pilot Unit"") as described with more particularity in that certain Request for Proposal, RFP No. 08- 726-BM Membrane Pilot Study and Qualifications Program ("RFP"), Lessor's response thereto ("Response") and that certain Memorandum, prepared by Black and Veatch Corporation, dated on or about July 25, 2008, (the "Memorandum") attached hereto as Exhibit "A". The pilot study equipment shall at all times remain the property of Lessor, and Lessee shall have no right, title or interest herein. 1.1 Delivery, Price and Payment. The total lump sum cost for the rental and the items, activities, and matters set forth or provided for herein is Forty Thousand and No/00 Dollars ($40,000.00). Delivery of the Equipment shall be on or before September 15, 2008, and is FOB pilot site at Lake Alan Henry. Payment shall be made in U.S. Dollars, unless otherwise agreed in writing by Lessor. Payments will be due within 30-days of milestone completion. A monthly interest charge at the rate of 1.0 percent or the maximum legal rate allowed by applicable law, whichever is lower, will be assessed on all past due payments. Except as otherwise stated, the prices provided to Lessee do not include any taxes applicable to the lease of the Equipment. Page 1-Pilot Study Rental Agreement.Pall 1.2 Warranty, Limitation of Liability and Remedies. (a) THERE IS NO WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE EQUIPMENT, NOR IS THERE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, MADE BY LESSOR, EXCEPT AS PROVIDED FOR HEREIN. (b) At the time of its delivery to Lessee, Lessor represents and warrants to Lessee that the Equipment is in good operating condition and capable of performing all functions and activities as provided in the RFP, the Response and the Memorandum. (c) Lessor's liability under any warranty contained herein is limited solely, in Lessor's discretion, to replacing, repairing or issuing credit, provided, that Lessee promptly notifies Lessor in writing of any claims and provides Lessor with an opportunity to inspect the Equipment. (d) In no event shall Lessor be liable for any piece of Equipment (and any claim or loss relating thereto) which is improperly maintained by Lessee, altered after delivery to Lessee by someone other than Lessor, or subjected to misuse, abuse, or improper operation by Lessee, accident after delivery to Lessee, or negligent, transportation by Lessee. (e) In no event shall Lessor be liable for any claim or loss arising as a result of Lessee's improper or negligent installation, use, storage, handling or maintenance of the Equipment. (f) Intentionally omitted. Page 2-Pilot Study Rental Agreement.Pall 1.3 Maintenance of Equipment. Lessor shall supply at Lessor's expense those replacement parts that require replacement due to the normal wear and tear of everyday operation. Lessee shall bear all risk of loss and damages to the Pilot Unit after its delivery to Lessee, as provided in Section 1.1 and 1.2(b), from any cause other than defect and normal wear and tear. Any charges for repairs that might arise from the above mentioned damages caused by the Lessee will be billed to Lessee at Lessor's cost and are subject to payment by Lessee within thirty days after invoice date. 1.4 Indemnification. Lessee, to the extent permitted by law, shall indemnify and hold harmless Lessor from all claims, actions, costs, expenses, damages and liabilities including attorneys' fees, arising out of, or in connection with, the use of the Pilot Unit by Lessee resulting from negligent actions by the Lessee. The Lessee shall not be responsible for any loss or damage associated with the transportation of the Pilot Unit during shipment, installation, and removal of the [Pilot Unit]. The Lessee shall not be responsible for any loss or damage caused or contributed to by Lessor's field techs and other agents and employees or occurences during or prior to delivery of the Equipment to Lessee. Lessor shall indemnify and hold harmless the Lessee from all claims, actions, costs, expenses, damages, and liabilities including attorney's fees arising out of, or in connection with the delivery and/or the use of the Equipment or occurring prior to delivery of the Equipment to Lessee resulting from negligent actions by Lessor. In addition, Lessor shall indemnify and hold harmless the Lessee in regards to workers compensation or other claims by Lessor's employees while on Lessee's property. 1.5 Termination. Lessor may terminate this Agreement (i) with effect immediately, if Lessee becomes insolvent or makes any arrangement or composition with it's creditors Page 3-Pilot Study Rental Agreement.Pall or enters into a liquidation or winding up (whether voluntary or compulsory) or has a receiver appointed; or (ii) Lessee breaches any of its obligations hereunder and such failure is not cured within a period of 10 calendar days after receipt of written notice from Lessor specifying such breach. Upon such termination (or upon expiration of this lease), Lessee shall promptly return to Lessor at Lessee's pilot site at Lake Alan Henry the equipment at Lessee's cost and pay to Lessor any and all amounts due Lessor as of the date of such termination (or expiration). In the event Lessor shall breach or fail to perform any of its obligations hereunder, if such matter is not cured within a period of 10 calendar days of the receipt of written notice from Lessee specifying such breach, Lessee may exercise any and all rights and remedies, which shall be cumulative, available to it by law, contract, equity or otherwise. 1.6 Entire Agreement. The terms of this Agreement, including matters incorporated herein by reference, are the entire agreement of the parties and may not be modified except in writing signed by Lessor. 1.7 Confidentiality. Except as required under Local, State, and Federal laws, including, without limitation, the Texas Public Information Act, Chapter 552 of the Texas Government Code, the Lessee shall not release pilot operating strategy, operational parameters or performance data without written permission from Lessor. Except as required by Local, State and Federal Law, including without limitation, the Texas Public Information Act, Chapter 552 of the Texas Governement Code, the Lessee will, using reasonable diligence, safeguard the confidentiality of the information required for and generated by this pilot study and not disclose any part of it to any person or entity other Page 4-Pilot Study Rental Agreement.Pall than to those employees, officers, elected and appointed officials, and consultants of its respective companies and/or other related associates who might require access to the information for the purposes set forth in this Agreement unless agreed to by Lessor, which will not be unreasonably withheld. 1.8 No Waiver. A waiver by either Lessee or Lessor of a breach of this Agreement shall be in writing to the effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 1.9 Governing Law and Venue. 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. 1.10 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 Page 5-Pilot Study Rental Agreement.Pall 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 Lessee: Thomas Adams, Director of Water Utilities City of Lubbock P O Box 2000 Lubbock, Texas 79457 Facsimile: 806-775-2051 For Lessor: Matthew Montgomery Pall Corporation 2200 Northern Blvd. East Hills, NY 11548 Facsimile: 516-484-3 216 1.11 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 of 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. 1.12 Assignment. Neither Lessee nor Lessor may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. Lessee and Lessor each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. Page 6-Pilot Study Rental Agreement.Pall 12th Dated this -4 day of August, 2008. PALL CORPORATION By IV T7em-s s11JM-4p�t1 ���,� prc�CeSs +ne -Thotn&S POsch nr> nn, sr NP CITY OF LUBBOCK TOM TIN, MAYOR ATTEST: PAk,", - Reb cca Garza, City ecretary APPROVED AS TO CONTENT: Thomas Adams, Deputy City Manager/Director Of Water Utilities APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney vw/CityAtt/Richard/Pilot Study Rental Agreement.Pall Page 8-Pilot Study Rental Agreement.Pall Resolution No. 2008-RO272 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 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 completion of 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 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 • 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 allons 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 32000 Chemical Polyethylene 4 inch Settlin Tank 3,000 Solids Handling Polyethylene 3 Reg cle Water Storage 2,500 Solids Handlin Polyethylene 3 Solids Storage 3,000 Solids Handlin Pol eth lene 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 (21 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 inletloutlet 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 taiik 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. Settlin& 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 '/2 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 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 supply line A water supply of 220 gprn 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 i plus I 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 J&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 rabrotech 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 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 Daytona 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 (1SP). 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