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HomeMy WebLinkAboutVESSCO - Easton Aeration Base 2 - 7/15/2019TO: Y ESS(. X) Waterloo, IA. WWTP 3505 Easton Ave. Waterloo, IA. 50702 Attn: Mr. Brian Bowman PROJECT: Waterloo, IA. WWTP diffusers FROM: C. Sonner PHONE: (319) 291-4553 EMAIL: brian.bowmanawaterloo-ia.orq DATE: June 29th, 2019 VESSCO hereinafter referred to as "Company" proposes to furnish, under the Terms and Conditions hereinafter set forth and described in the accompanying description and specifications, the following equipment. VESSCO, Inc. will provide pricing and any additional information you may require. The following is a list of Equipment included in our Scope of Supply. Part Number Descri •tion 0 uanti Price 02948 91-1003 EDI EPDM Membranes 700 $29,400.00 00290 Stainless steel clamp 1,500 $2,100.00 Freight Freight 1 lot $647.50 Pricing includes shipping: f.o.b. factory with full freight allowed to the job site ground. The above quotation is offered in accordance with VESSCO's Terms and Conditions of sale. If you have any questions regarding the above equipment, please direct them to my attention. I would be more than happy to discuss any part of this proposal with you via phone at (515) 233-8599, or via email at csonnervessco.com. Thanks! Respectfully Submitted, Cory A. Sonner Sales Engineer VESSCO, Inc. Accepted By: L LL, ti f- , 1 Printed Name: Title: Date: c /11 414 South 17'' Street, Suite 101 Ames, IA 50010 - ph. (515)233-8599 - fax (515) 233-8602 www.vessco.com Vessco Scope of Supply Page 2 of 4 GENERAL TERMS AND CONDITIONS 1. Equipment Sale. VESSCO offers to sell to Customer the equipment, including installation and/or startup services, if any, described in VESSCO'S Proposal (collectively, the "Equipment"), subject to the terms and conditions set forth herein. This offer is conditioned upon Customer's assent to the exclusive applicability of these terms and conditions. No additional, different or inconsistent terms set forth in any purchase order or other document of Customer shall be binding on VESSCO, unless otherwise expressly agreed to in a writing signed by VESSCO. 2. Payment. Customer shall pay to VESSCO the full purchase price for the Equipment in the amount and subject to the payment terms set forth in VESSCO'S Proposal. All amounts referred to herein are denominated and shall be paid in U.S. Dollars. Unless otherwise stated in VESSCO'S Proposal, prices are F.O.B. shipping point and payment terms are net thirty (30) days from date of VESSCO'S invoice. Payments received after the due date shall bear interest at the rate of 1-1/2% (or the highest rate permitted by law, if less) for each month or portion of a month until paid. Customer shall reimburse VESSCO for all costs, including reasonable attomeys' fees, incurred by VESSCO to enforce Customer's payment obligations. 3. Security Interest. Customer grants VESSCO a security interest in Customer's interest (if any) in the Equipment (and any attachments, additions or improvements and proceeds) to secure Customer's payment obligations hereunder, whenever arising. Customer shall execute financing statements and take all other acts requested by VESSCO to perfect, maintain and evidence such secunty interest. 4. Taxes, Customs and Charges Unless Otherwise Specified in VESSCO'S Proposal. Customer shall pay for all sales, use, value-added and other taxes, levies, duties and tariffs, permit or license fees or other governmental charges relating to or incurred in connection with VESSCO'S performance hereunder or imposed on the manufacture, storage, sale, transportation, import, export, delivery, use or consumption of the Equipment. Despite the foregoing if VESSCO is required, due to Customers failure or otherwise, to make any such payments, Customer shall immediately reimburse VESSCO therefor. 5. Shipment and Delivery. Delivery of the Equipment shall be made in material compliance with the schedule set forth in VESSCO'S Proposal. Unless otherwise specified in VESSCO'S Proposal, VF.SSCO shall pack, crate, label and ship the Equipment in accordance with its customary methods. Delivery of each item of equipment included in the Equipment shall be complete upon tender of the Equipment to the career, F.O.B. shipping point, whereupon title and risk of loss of the Equipment shall pass to Customer. Unless specified otherwise in VESSCO'S Proposal, Customer shall be solely responsible for unloading, storing, assembling and installing the Equipment. 6. Ownership of Design Materials. All manufacturing devices, drawings, specifications, designs, plans, computer programs and other documents, information or data prepared by VESSCO in connection with its performance hereunder, and all related intellectual property rights, shall be VESSCO'S property. VESSCO hereby grants to Customer a non- exclusive, non -transferable license for Customer to use any such information for Customer's use, maintenance or repair of the Equipment. In no case shall Customer provide such information to third parties without VESSCO'S prior written consent. 7. Changes in the Scope of the Work No change in the scope of the work set forth in VESSCO'S Proposal shall be implemented unless Customer and VESSCO agree in a writing signed by both parties as to the nature of the change and its price and schedule impact. 8. Waiver of Claims. Notwithstanding anything else herein, VESSCO and Customer waive all claims against each other (and against each other's affiliates, (sub)contractors, vendors, employees, agents and representatives) for loss or damage to any of their respective property. 9. Warranty. (a) VESSCO warrants to Customer that the Equipment will conform to the specifications or description set forth in VESSCO'S Proposal and will be free from defects in material and workmanship for a period of twelve (12) months after installation or eighteen (18) months after final shipment, whichever is shorter (the "Warranty Period"). The foregoing warranties are conditioned upon Customer's (a) giving VESSCO notice of the defect within thirty (30) days after Customer discovers or should have discovered such defect and, in any event, within thirty (30) days after the end of the Warranty Period, and (b) keeping adequate records to establish it has operated and maintained the Equipment in accordance with VESSCO'S instructions and has not undertaken any repair or alteration of the Equipment without VESSCO'S consent, and (c) not being in default of any payment obligation to VESSCO. The foregoing warranties shall not apply to normal wear and tear, decomposition by chemical action, wear caused by the presence of abrasive matenals or damages caused in transit or by misuse, neglect, accident, improper installation, negligence or abuse 01 by abnormal conditions of temperature, moisturc or dirt. THE WARRANTIES SET FORTH iN THIS SECTION ARE VESSCO'S SOLE AND EXCLUSIVE WARRANTIES. VESSCO MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING BY CUSTOM, TRADE USAGE, PROMISE, EXAMPLE OR DESCRIPTION. (b) Within a reasonable period after receipt of timely notice of a breach of the foregoing warranty, VESSCO shall, at its sole option, either (i) repair or replace such defective Equipment or (ii) refund the amount paid for the defective Equipment (or issue a credit for any such unpaid amount). The foregoing shall be Customer's sole remedy for breach of warranty. If VESSCO determines any claimed defect is not covered by the foregoing warranty, Customer shall pay VESSCO the customary charges of VESSCO then in effect for any repair or replacement effected by VESSCO. 10. Backcharees. Without exception, VESSCO will not be responsible for any backcharges unless a wntten request is submitted to, and approved in writing by, VESSCO prior to work being performed or any cost being incurred. Any such request must be submitted at least three (3) working days before such approval is required to permit VESSCO to conduct a site visit or such other investigation as it may deem appropriate. II. Indemnification. (a) VESSCO shall release, hold harmless, indemnify and defend Customer from and against any liability, claim or cause of action incurred by Customer as a result of third party claims for personal injury or damage to tangible property, if caused solely by the negligence of VESSCO or any of its employees, subcontractors or suppliers in the performance of VESSCO'S obligations hereunder. (b) VESSCO shall release hold harmless, indemnify and defend Customer from and against all judgments, decrees and reasonable costs resulting from any apparatus claims of U.S. patents issued at the time of this offer, provided such infringement is based exclusively on products designed and manufactured by VESSCO. In satisfaction of such obligation, VESSCO may, at its option and expense, (i) modify or replace all of the infringing part of the Equipment so that it is no longer infringing, (ii) procure for the Customer the right to continue using the Equipment, or (iii) remove the Equipment and refund the purchase pace to the Customer. (c) Customer shall release, hold harmless, indemnify and defend VESSCO from and against any liability, claim or cause of action relating to (i) the design of the Equipment or any containers in which it is shipped, to the extent made pursuant to Customer's design or specifications, (ii) the environmental and other conditions of Customer's premises, or (iii) Customer's negligence or breach of its obligations hereunder. (d) Any claim for indemnification under this Section 11 shall be subject to the following: (i) claim therefor must be made within thirty (30) days after the end of the Warranty Period; (ii) the claimant must provide reasonable cooperation in the defense thereof; and (iii) the indemnifying party shall have sole authority for the direction of the defense and the negotiation of any compromise or settlement; provided that the claimant may monitor such matters through counsel of its choice at its own expense. The provisions of this Section 11 shall survive termination of this agreement. 12. Force Majeure. A "Force Majeure Event" shall mean any event, condition or circumstance which is beyond VESSCO'S reasonable control, including without limitation, acts of God, casualties, epidemics, civil disturbances, war, riots, sabotage, accidents, thefts, changes in law or other acts of governmental authorities, strikes, or other labor shortages or disturbances, unavailability or excessive cost of materials, discovery of any concealed or unknown physical condition or substance at Customer's facility or acts or omissions of Customer or its employees, (sub)contractors, or other persons for whom Customer may be liable. VESSCO shall be entitled to a schedule adjustment upon the occurrence of a Force Majeure Event. VESSCO shall be entitled to a purchase price adjustment upon the occurrence of a Force Majeure Event only if its direct costs are increased as a result of such Force Majeure Event, and VESSCO is able to document such increase. Vessco Scope of Supply Page 3 of 4 13. Dispute Resolution. VESSCO and Customer shall negotiate in good faith to resolve any dispute relating hereto. Failing such efforts, the dispute shall be finally settled by binding arbitration in Minnesota pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration panel shall consist of three individuals experienced in the discipline that is the subject of the dispute and shall be jointly selected by VESSCO and Customer. If the parties are unable to agree upon the arbitrators within twenty (20) days, then each party shall select one arbitrator and those arbitrators shall select a third arbitrator. The decision of a majority of the arbitrators shall be the decision of the panel. Judgment may be entered upon the arbitrators' decision in any court of competent jurisdiction. The prevailing party in any arbitration shall be reimbursed by the other party for all costs, expenses and charges, including without limitation reasonable attomeys' fees, incurred by the prevailing party in connection with the arbitration. 14. Special Terms. Attachment I contains special terms, if any, which are hereby incorporated into this agreement. 15. Confidential Treatment of Information. All information contained in VESSCO'S Proposal regarding the Equipment, process design and the price thereof is submitted without cost to Customer but with the understanding that such information is for the sole use of Customer and that Customer will not disclose it to anyone outside its own organization and will use its best efforts to see that no one to whom such information is so disclosed shall disclose the same to anyone outside Customer's organization. 16. Cancellation. In the event of cancellation, Customer shall compensate VESSCO on a percentage completion basis for all work performed up to the date of cancellation, unless cancellation is due to default by VESSCO. 17. Limitation of Liability. (a) Notwithstanding anything to the contrary herein, the aggregate liability of VESSCO, including without limitation for or with respect to VESSCO'S affiliates, contractors, suppliers, employees, agents or representatives, arising out of or in connection with this agreement or the sale or use of the Equipment, including without limitation claims for indemnification, and whether based on contract, strict liability, negligence or other tort, pollution, disease or otherwise, shall not exceed an amount equal to the contract amount between Customer and VESSCO. (b) Notwithstanding anything to the contrary herein, in no event shall VESSCO be liable for consequential, incidental, indirect, special, exemplary or punitive damages of any kind, including without limitation for loss of profits, revenues or product, or loss of use of any property (whether by shutdown, operation at less than capacity or otherwise), regardless of whether any of the foregoing damages arise directly or indirectly through an indemnification or contribution obligation and whether arising out of breach of contract or warranty, tort, product liability, strict liability or any other legal theory. 18. Notice. All notices required hereunder shall be in writing and shall be deemed properly served if delivered in person or if sent by registered or certified mail, with postage prepaid and retum receipt requested, to the following addresses: If to VESSCO: 8217 Upland Circle, Chanhassen, MN 55317; If to Customer: . All notices shall be deemed received on the date of delivery, or attempted delivery, if delivered in person, or if mailed, on the date which is two (2) days after the date such notice is deposited in the mail. 19. Severability. In case any provision hereof is held to be invalid, illegal or unenforceable, (a) such provision shall be limited or excluded only to the extent necessary to make it valid, legal and enforceable, and (b) the validity, legality and enforceability of the remaining provisions shall not be affected. 20. General Provisions. The agreement contained herein may not be cancelled or amended except by mutual written agreement of VESSCO and Customer. No course of dealing or failure to strictly enforce any term shall be construed as a waiver thereof. Waiver of any term shall not constitute a waiver of any other term or a continuing waiver. This agreement shall be binding on the parties' respective successors and assigns; provided that Customer may not assign, delegate or permit any other transfer of this agreement without VESSCO'S prior written consent. This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions. This agreement, including Attachment I, represents the entire agreement between the parties with respect to the subject matter hereof, and supercedes all previous oral and written negotiations, representations, agreements or other communications. Vessco Scope of Supply Page 4 of 4 FIELD SERVICE Vessco has available field installation, start-up, and general service as well as operation and maintenance training from experienced personnel at the rates listed below. FIELD SERVICE CHARGES (U.S. Dollars) UNITED STATES & CANADA HOURLY SERVICE RATES: MONDAY -FRIDAY FIELD SERVICE SHOP RATES TRAVEL FIRST 8 HOURS $ 105.00 $ 85.00 $ 85.00 OVER 8 HOURS $ 130.00 $ 100.00 $ 100.00 SATURDAY $ 170.00 $ 100.00 $ 100.00 OVER 8 HOURS $ 200.00 $ 150.00 $ 150.00 SUNDAY/IIOLIDAYS $ 200.00 $ 200.00 $ 200.00 E CHARGES: TRANSPORTATION By Airplane, Cab, Train Rental Car Company Car/Mileage Actual + 15% Actual + 15% .60/mile LIVING EXPENSE Hotel Actual + 15% SUSTENANCE ALLOWANCE Meals $ 60.00/day MATERIAL AND EQUIPMENT Materials purchased and used on job Actual Cost + 15% MINIMUM CHARGES: For in -plant service Monday -Friday Saturdays, Sundays and Holidays 4 Hours at Normal Rate Plus Travel/Expenses 4 Hours at Applicable Rate Plus Travel/Expenses January 151, 2013 aeration for life PRODUCT SPECIFICATIONS EPDM E.hy Standard EPDM Material Property Tests Hardness Shore A (ASTM D2240) Specific Gravity, (ASTM D792) Tensile Strength, psi, (ASTM D412) Tensile Modulus, @100% elongation, (ASTM D412) Tensile Modulus, @300% elongation, (ASTM D412) Ultimate Elongation, (ASTM D412) Tear Strength, Die T, (ASTM D624) ene en bra e Materia Propylene Diene Monomer Available for tube, disc, and panel diffusers Temperature resistance up to 240°F (115 °C) Chemical resistance for municipal and most industrial applications PTFE coating technology available for specialized applications UV protection incorporated in the compound Low dynamic wet pressure Low oil construction for membrane stability No inorganic fillers for maximum performance High concentration of polymers for superior service Results (Disc) English Metric 55 +/-5 < 1.20 > 1300 psi > 150 psi > 425 psi > 400% > 35 Ib/in Results (Tube) English Metric 55 +/- 5 58 +1-5 < 1.20 < 1.20 >9.0 MPa >1150 psi > 1.03 MPa > 225 psi > 2.93 MPa > 550 psi > 400% > 400% > 6.1 kN/m > 40 Ib/in Surface Ozone Cracking Resistance @50 ppm (ASTM D471) Non Cracking Non Cracking Non Cracking Low Temperature @ -40°C (ASTM D2137) Extractable Oil Content Non Brittle Non Brittle Non Brittle < 15% < 25% < 15% visit wwwEnvironmentalDynamics.com or wwwwastewater.com 58 +/- 5 < 1.20 > 7.9 MPa >1.55MPa > 3.79 MPa > 400% > 7 kN/m Non Cracking Non Brittle < 25% Installation, Operation & Maintenance Instructions for: FlexAirTM Tubular EPDM Membranes Diffuser Express is a Division of Environmental Dynamics, International, 5601 Paris Road, Columbia, Missouri 65202 1-800-683-6099 E-mail: EDI@wastewater.com Installation Instructions for Tubular Membranes Remove existing clamps and membrane. 2. Clean membrane support tube to ensure that no debris remains in the airway. Loose debris can block the membrane slits, this will adversely effecting the system pressure and oxygen transfer efficiency. 3. Gently install new membrane on support tube. Membranes shorter than the support tube must be aligned with the inlet end of the support tube. Do not stretch the membrane to cover the support tube. Orient the non -perforated portion of the membrane to cover the air outlets. This will ensure that the check valve feature of the diffuser will operate. Install membrane clamps. Note: If clamps are provided by Diffuser Express the following instructions should be followed. SS crimping clamps should be compressed with outside edge of the clamp located 1/4" from the edge of the membrane and ear of clamp placed on top of unit. Use crimping tool to install stepless ear clamps. (Reference Figures 1 and 2.) Figure 1 Page 1 of 3 Figure 2 Operation Instructions for Tubular Membranes The tubular membrane requires very little maintenance for long term operation. The airflow should be kept within the ranges detailed in the original equipment IOM to maintain the structural and operating characteristics of the membrane. Continuous application of high airflows, greater than denoted for normal operation may result in physical damage to the membrane. Maximum airflows should not be exceeded. Higher airflows can increase system operating pressure. Excessive airflow rates may shorten the life of the membrane. Note: Use caution when adjusting several lateral throttling valves in the same piping system. This procedure can result in elevated airflows in sections of the basin, exceeding the maximum allowable airflow to each membrane. Maintenance Instructions for Tube Diffuser Membranes 1 The diffuser membranes should be protected from petroleum products, ie; mineral oils and aromatic hydrocarbons. 2. To prevent clogging of the diffuser membrane, the blower system should be equipped with paper inlet filters having a performance efficiency of 99.5% removal of 2 micron particles. J. it Is recommended to tube membranes on a regular basis, generally every 12 to 18 months. 4. As a result of biological and/or inorganic materials building up on the membrane surface, pressure build-up and/or increased headloss may be experienced over a long period of operation. To restore membrane performance, one or both of the following may be required: Page 2 of 3 Insitu Cleaning of Membrane Typically membrane diffuser units will require cleaning because of two common types of surface build-up; biological and inorganic scaling. The recommended cleaning procedure for both types of build-up are detailed below. 1. Biological build-up is characterized by a moss like growth. The recommended cleaning procedure is to physically dislodge the growth either through gently brushing the substance off or using low or high pressure hosing. The hosing method is effective in removing loose surface deposits on the diffuser membrane. Maintain minimum air rate to the diffuser during hosing operation. The length of time required to remove deposits is dependent on the type of surface foulant, water pressure, distance from unit, etc. Typically, 5 to 10 seconds is required per unit. 2. Inorganic scaling is characterized by a granular mineral like precipitate that can form on the membrane surface. If brushing and hosing the diffuser membrane does not remove the scaling, contact EDI for further instructions. Replacing Diffuser Membranes 1. Reference above installation instructions. Properly operated and maintained, the FlexAir Tube Diffuser membranes will provide years of high efficiency treatment with minimum operator attention. Questions regarding FlexAir system operation, maintenance, etc. should be forwarded to the Engineering Department, Environmental Dynamics International, 5601 Paris Road, Columbia, Missouri 65202. (573) 474-9456 Page 3 of 3