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Home My WebLink AboutResolution - 2008-R0325 - MRI Pilot Plate Settler Agreement - Meurer Research, Inc. - 08/28/2008Resolution No. 2008-RO325 August 28, 2008 Item No. 5.25 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 1 to execute for and on behalf of the City of Lubbock, a MRI Pilot Plate Settler lent, by and between the City of Lubbock and Meurer Research, Inc., and all documents. Said Agreement is attached hereto and incorporated in this ion as if fully set forth herein and shall be included in the minutes of the Council. by the City Council this 28th day of August 2008. TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS 'I'O CONTENT: Tom Adams Deputy City Manager !APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney MRI.res 081908 Resolution No. 2008-RO325 RESEAR C MRI PILOT PLATE SETTLER AGREEMENT DATE: CLIENT: PROJECT NAME: REPRESENTATIVE: August 13, 2008 City of Lubbock — Wood Franklin PH -806.775.2343 Lubbock, Texas TEC —Keith Vieira A. Meurer Research, Inc. (MRI) will provide one (2) each Plate Settler/Flocculator Pilot Unit to treat 110 gpm of raw water to be used for pilot testing purposes. The Plate Settler/Flocculator Pilot Unit will be delivered to the job site on September 10, 2008. Each Plate Settler/Flocculator Pilot Unit will consist of a stainless steel tank with the following specifications: • Flow Capacity • Loading Rate at peak flow • Material • Dimensions • Weight • Power Requirements up to 110 gpm .3 gpm/ft2 @ 90% T-304 stainless steel 7' wide x 18' long x 8' tall 6,500 lbs (empty) 55,000 lbs (full) 2 circuits 110 VAC 20 amp Included with each Plate Settler/Flocculator Pilot Unit will be: • 3 -stage variable speed paddle wheel flocculator • Stainless steel flocculation staging baffles • Inlet diffusers • Inclined Plate Settlers • Hoseless Cable -Vac Sludge Collector • Electrically actuated sludge outlet valve • System controls In addition to the equipment prescribed above, MRI shall also provide to the additional equipment described in paragraph D below. 1 B. MRI will be responsible for and/or provide the following: • MRI will provide technical assistance not to exceed 3 days on site for one trip. • MRI will provide insurance to cover the pilot equipment only during shipment and on site for the duration of the pilot study. • MRI does not provide chemicals. • MRI does not accept any liability for consequential damages due to the shipment, installation or operation of its pilot equipment. • MRI will provide start up assistance for two (2) eight (8) hour days. Assistance to include system start-up, technical assistance and operator training for operation of the unit. MRI technicians DO NOT: • MRI will provide the chemical feed pumps. • MRI is not responsible for this fieldwork. To be done by client/contractor: - Install piping or electrical components - Recommend chemicals or chemical feed rates C. The Client will be responsible for the following: • The Client will be responsible for the deductible of up to $5,000.00 per unit or provide self insurance for each unit. • The Client is responsible for providing liability and other insurance, which may be provided by self insurance, to protect its employees, property and other persons. • The Client shall pay rental fees of $2,000.00 per month per unit, in any circumstance, not to exceed the total sum of $44,000 during the term of this Agreement. • The Client is responsible for freight from Golden, Colorado to project site and back, not to exceed the sum of $20,000. • The Client shall be responsible for off loading of the pilot unit upon arrival and to place it on a level pad or ground. The tank bottom must be fully supported. • The Client is responsible for installing the provided hand rails. • The Client shall be responsible for providing and installing inlet and outlet piping to and from the unit and from the sludge outlet. • The Client is responsible for preparing chemicals and determining feed rates for adequate flocculation. • The Client is responsible to drain and thoroughly clean the unit at the end of its use following guidelines provided by MRI before shipment back to Golden, CO. • The Client is responsible for properly packing all of the provided components for safe shipping • The Client will need to have the pilot unit piped in (ready for water), and power run to the control panel before MRI will show up on site. • The Client is responsible for all data logging and collection. • Client is responsible for the flow pacing or chemical dosages used. • Further instrumentation can be supplied by MRI (turbidimeters, particle counter). MRI is not responsible for the installation or calibration of these items. D. Additional equipment to be provided by MRI to be included in this agreement: ITEM QUANTITY 1. Peristaltic Chemical Feed Pumps 3 2. Size #16 chem feed tubing (50') 100' 3. Size #25 chem feed tubing (50') 100' 4. 35 gallon Chem Mixing Tanks 0 5. Chemical feed ports (2 per unit) 2 6. One static rapid mixer, 3" (Komax) 2 7. Inlet throttling valve 2 8. Inlet flow meter — mag meter 2 9. Inlet flow meter — Rotometer 0 10. Turbidimeter with display (0-100 NTU) 1 11. Turbidimeter with display (0-9999 NTU) 0 12. Particle Counter w/display 0 13. 2" Sludge throttling valve (required) 2 14. Sludge outlet piping 4"-2" reducer (required) 2 E. Payment Terms: • If any of the provided equipment is damaged or missing the cost of such repair or replacement shall be payable by Client. If MRI has to take action because the Plate Settler/Flocculator Pilot Unit is not sufficiently cleaned for shipping and use by the next client, the Client will be billed for any services performed by MRI. • The $2,000.00 (per unit) rental fee is payable monthly at the end of each pilot study month. • Total compensation payable by Client hereunder shall not exceed the sum of $64,000.00 without an amendment of this Contract. Shipping Instructions: Shipping address: 3096 Lake Alan Henry Road Justiceburg, Texas 79330 Contact: Name: Mark Record Phone: (806) 548-4149 Billing address: City of Lubbock Water Engineering Department Attn: Wood Franklin 1625 1P Street Lubbock, Texas 79401 Attention: Name: Wood Franklin — (806) 775-2343 3 F. Neither party to this agreement may assign any portion or all of its interest in this agreement without the prior written consent of the other party. G. 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 IN LUBBOCK COUNTY, TEXAS. H. 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. lur_R7I Dave Kwas 6270 Joyce Dr. Golden, CO 80403 (303) 279-8373 Telecopy: (303) 279-8429 CITY OF LUBBOCK: Director of Water Utilities 1625 13th Street Lubbock, Texas 79401 (806)775-2352 Telecopy: (806)775-3074 I. 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. J. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than MRI and Client. K. A waiver by either Client or MRI of a breach of this Agreement shall be in writing to the effective. In the event either parry shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. rd L. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal - agent relationship between MRI and the Client. M. The Client may exercise any and all rights and remedies available to it by law, contract, equity or otherwise, including termination of this Agreement, if MRI does not fulfill their obligations under this Agreement ("default") if said default shall be continuing after ten (10) days written notice and opportunity to cure to MRI. This Agreement may be terminated at any time by mutual agreement of Client and MRI in writing. N. The terms of this Agreement, including the documents and terms incorporated by reference herein, constitute the entire agreement of the parties and may not be modified except in writing signed by MRI and Client. O. MRI 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. cu► - City of Lubbock �/ er Research, Inc. By; 1�- /� ��l TOM MARTIN, MAYOR ATTEST: Reb cca Garza, City Secret APPROVED AS TO CONTENT: omas Adams, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney Richard/MRI Pilot Plate Settler Agreement 8 18 08b Lubbock 5