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HomeMy WebLinkAbout09-79MARCH 24, 2009 09 -79 RESOLUTION (CARRIED 5 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: WAIVE BIDS & CONTRACT FOR REPAIR OF CLARIFIERS FOR WASTEWATER TREATMENT PLANT ($224,294.00) INITIATED BY: PURCHASING DEPARTMENT WHEREAS, the Wastewater Treatment Plant secondary clarification process consists of four tanks with solids removal and skimmer mechanisms; and WHEREAS, two of those tanks are in need of repair consisting of a complete rebuilding of the clarifier units; and WHEREAS, Process Equipment Repair Services is the only firm that provides complete rebuilding services to the original manufacturer specifications; and WHEREAS, the City of Oshkosh Municipal Code allows for the waiver of bids when the service required is only available from one source of supply. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appropriate city officials are hereby authorized and directed to waive bids pursuant to section 12- 10(D)(1) of the City of Oshkosh Municipal Code and to enter into an appropriate agreement for the rebuilding of the secondary clarifiers numbers one and three at the Wastewater Treatment Plant with: PROCESS EQUIPMENT REPAIR SERVICES, INC. 5991 Division Road West Bend, WI 53095 Clarifier Number One: $118,367.00 Clarifier Number Three: $105,927.00 Total: $224,294.00 BE IT FURTHER RESOLVED that money for this purpose is appropriated from: Acct. No. 551 - 1910 - 1735 -00000 Sewer Utility- Liquid Disposal Plant Equipment ( 0 OfHKOlH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Stephan M. Brand, Utilities Superintendent DATE: March 16, 2009 RE: Wastewater Treatment Plant Secondary Clarifier Rebuilding Project BACKGROUND The wastewater treatment plant secondary clarification process consists of four 120 foot diameter tanks with solids removal and skimmer mechanisms. The tanks and equipment were originally installed in 1974. The center support column in clarifier number two started showing movement due to metal fatigue in 2007 and was rebuilt at that time. Examination of the other three clarifiers in the spring of 2008 found the same problem with the other clarifiers with number four having the next most critical need. At that time a number of contractors were contacted about their interest in rebuilding of clarifiers. After reviewing the information the only firm that could provide complete rebuilding services to original manufactures equipment specifications was Process Equipment Repair Services Incorporated from West Bend Wisconsin. On July 8, 2008 the council approved waiving bids and awarded the contract to Process Equipment Repair Services in the amount of $119,427.40 for clarifier number four. ANALYSIS Process :Equipment Repair Services (PERS) has provided quotes for rebuilding the remaining two clarifiers. They are quoting $118,367.00 for clarifier number one and $105,927.00 for clarifier number three. The difference between the two quotes is the cost of the fabrication of a center column. We ordered an extra center column in 2008 to have it on site should we have a problem and need to do an emergency repair on clarifier one or three. PERS has done an excellent job in the completion of rebuilding clarifiers two and four. One of the improvements they have made over the original design is increase the metal thickness in the center support columns from 1/4 inch to 3/8 inch to improve the durability and extend the life of this critical part of the equipment. FISCAL IMPACT Funds are available in the 2008 Property Improvements Section (Sewer Utility Funds) of the Capital Improvement Budget. RECOMMENDATIONS I recommend that bids be waived as allowed in section 12 -10 (D) (1) of Oshkosh Municipal Code and that Process Equipment Repair Services proposals be accepted for the rebuilding of wastewater treatment plant clarifiers one and three. Respectfully Submitted, Approved: Stephan M. Brand Utilities Superintendent City Manager Process 5991 Division Road Equi ment West Bend, Wisconsin 53095 Phone (262) 629 -1059 Repair Fax (262) 629-1059 Ceff (414)412- 4403 Services, .Inc. Email PERSLaMont @aol.com PROPOSAL. for Professional Services # 09 -102 DATE: January 11,2009 Sheet 1 of 6 City of Oshkosh Wastewater Facility Mr. Jan Brandenburg Maintenance & Eng. Foreman 233 North Campbell Road Oshkosh, WI 54902 Work Location: Oshkosh WWTP, Oshkosh WI Site Telephone: 920 - 232 -5365 Scope of Services . We hereby propose to furnish the services, parts and. labor as necessary to completely disassemble the #3, * 120 Ft. Final Clarifier originally.supplied by Envirex on Original Order # H 77678 in approximately, 1974, replace the damaged, center pier with a new one, remove the remaining tank components (cage, trusses, header, manifold etc.) transport off site for sandblast & paint, transport back to site for reinstallation, rebuild'as required the Envirex H 36 drive.unit, check and set for center pier plumb, cage. plumb and collection mechanism balance and' horizorital plane. We. shall also set torque overloads. and put into service. 1: Working Field Consultant and Labor: Three (3) men, twenty (20) days on -site, plus all standard and specialty tools and equipment, administrative expenses,, insurance, travel, with living expenses at cost: Estimate: $41,800.00 2. Parts and Materials: Drive rebuild parts (Estimate) $ 4,937.40 Stainless steel Hardware (Estimate) $ 4,100.00 Crane Service (Estimate) $17,000.00 Blast & Paint $38,090.00 Oshkosh, WI ............................... #09- 102....................................... Page 2 Notes: The above estimate includes all necessary replacement parts and outside services at our cost plus ( +) 20 %. Parts and materials furnished by PERS, Inc. are covered under our warranty. All parts are to be on -site prior to the start of work. City to completely drain and" clean clarifier basin prior to start of work. City to disconnect electrical power and remove switch boxes and conduit All quoted prices for materials are based on this proposal dates cost, any chanaes in commodities price oer sound or added fuel surcharges s be added All work is guaranteed to be as specified, and the above work shall be performed in accordance with, or to exceed, the manufacturer's specifications for above work, and be completed in ' a substantial workmanlike manner with payments to be made Net 30 Days from the Date of Invoice. Customer shall be billed for actual labor only plus travel, material expenses at cost plus ( +) 20%, and living expenses at cost if there is a significant change in the-degree of difficulty or any change in the original Scope of Services, both PERS, Inc, and the City will agree to the changes in writing prior to proceeding. Read, Sign and Return one copy of the attached PERS, Inc. `Terms Governing Customer Services" with a signed copy of the Proposal cover original. Owner to carry fire natural disaster and other necessary insurance upon above work. Workmen's Compensation and Public, Professional, and Pollution Liability Insurance and additional mandated City of Oshkosh each occurrence. insurance on .proposed services to be supplied by Process Equipment Repair Services, Inc: . Date: ! " I I ' 0� . Equipment Repair Services, Inc. Process Equipment Repair Services, Inc. TERMS GOVERNING CUSTOMER SERVICES 1. Service Rates: Services of Process Equipment Repair Services, Inc. (PERS, Inc.) an organization for Operation and Maintenance, Equipment Services as specified in this proposal are furnished by PERS, Inc. at the following rates: A. For all Mechanical Services and Equipment Services, including proposal estimates and administrative costs, within the continental limits of the United States: $85.00 per hour, $680.00 per eight (8) hour dayi Monday through Friday inclusive. Overtime Monday through Friday and Saturday work is charged at time and one -half. Time worked on Sunday shall be charged double time; time worked on U.S Holidays shall be charged double time. Services performed under hazardous conditions that require the use of special breathing apparatus and/or protective gear will be charged at twice the standard rate, (See Section 5). PERS, Inc. is obligated to pay all employees the.designated prevailing wage rate. PERS, Inc. is also obligated to insure that all sub- contract labor is paid the prevailing wage rate for their classification. B. Traveling, living and incidental expenses at cost, (not to exceed $150.00 per day per person). Personal and corporate vehicles will be charged at a rate of $1.50 per mile. C. Travel time shall be charged to and from the Client's job site at the standard hourly rate for the Services being performed. Weekend and holiday travel requests, if required by the Client, shall be charged at overtime rates. D. There are no charges for telephone consultations unless Services are performed at the Client's request. Rates shown above apply to services performed within 90 Days from the Date of Quotation. Services performed after that time will be subject to then current rates. 2. Basis of Price: A. PERS, Inc. prices do not include the cost of materials and material freight, or the cost of any other third part services unless expressly stated within this Proposal. Materials furnished by PERS, Inc. shall be invoiced at cost plus ( +) 20% and shall be covered under the Proposal Warranty. Material freight shall be prepaid to the job site. B. PERS, Inc. prices do not include sales, use, excise or other similar taxes unless expressly stated within this Proposal. The Client shall furnish PERS, Inc. with a copy of the Client's tax exemption Certificate, or the Tax Exemption I.D. Number on the Client's letterhead. C. Bonds, Insurance (other than our normal Coverage), and other premiums are not included. Additional bonding and insurance requirements, if required or requested by the Client, will be added at cost to the Proposal price. D. Terms of Payment: Net 30 days from the Date of Invoice unless otherwise agreed to in advance and in writing. Partial invoices for equipment and materials will be submitted when the equipment and materials are shipped to the job site. Partial invoices for labor and services may be submitted at the end of each month through project completion. In the event any payment becomes past due, a compound interest chare of 1.5 percent shall be assessed monthly and for any portion thereafter.. Client agrees to pay any and all actual Attorneys' fees and court costs if attorneys are retained to collect any past due amounts. 3. Cancellation: In the event of cancellation, Client agrees to compensate PERS,. Inc. for ail work performed up to the date of cancellation. 4. Performance and Warranty: PERS, Inc. agrees to perform the services and work rServices"] described in .the Scope of Services in the proposal, within the limits prescribed by the Client, on a good faith basis under the terms and conditions set forth herein. PERS, Inc. shall exercise reasonable skill and judgment in providing such Services: PERS, Inc.'s responsibility is limited to Services specifically performed by PERS, Inc. for the Client. PERS, [nc.'s warranty is a wananty for the performance of services only, and PERS, Inc. hereby disclaims any and all warranties for any equipment, mechanical . device, or machine provided by PERS, Inc. to Client under the scope of services above or installed by PERS, Inc. on behalf of the Client. PERS, Inc. shall not be responsible for acts or omissions of the Client, its officers, directors, employees, or agents, or any third parties. Except for the direct acts or omissions of PERS, Inc. representatives, the responsibility for proper operation and maintenance of the equipment shall be the Client's. Failure by the Client to properly operate and maintain the equipment shall void any and all warranty claims and remedies that may result. PERS, Inc. warrants that Services shall be of good quality in all respects. Services shall be performed, findings obtained, and recommendations prepared in accordance with generally and currently accepted industry standards, principles and practices. The Services of PERS, Inc. technicians shall be free of defects in workmanship FOR A PERIOD OF ONE (1).YEAR from the date of completion. Remedy: All warranty claims in connection with the Services to be performed hereunder shall be made promptly by the Client in writing and received by PERS, Ind. within one year after PERS, Inc. last performed substantial and related work at the job site. PERS, Inc. shall repair or replace Services proven to be defective in workmanship, OR AT ITS SOLE OPTION, refund the cost of the Services. PERS, Inc. may accept back charges for warranty claims performed by the Client, provided that PERS, Inc. has given it's written approval PRIOR to the Client performing such services. The remedy stated above for proven defects in Services and Workmanship SHALL BE THE CLIENTS'S SOLE AND EXCLUSIVE REMEDY. LIMITATION OF LIABILITY: UNDER THIS AGREEMENT, PERS. INC. SHALL ONLY BE LIABLE FOR DAMAGES FOR THE SCOPE OF SERVICE PROVIDED. PERS, INC. SHALL NOT BE LIABLE FOR ANY PUNITIVE DAMAGES, PRODUCT LIABILITY DAMAGES, CONSEQUENTIAL, OR INCIDIENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM INJURY TO PERSONS OR PROPERTY, LOSS OF PROFITS, LOSS OF BUSINESS REPUTATION; DOWNTIME, OR ANY OTHER LOSSES OR EXPENSES NOT IN CONNECTION WITH THE FURNISHING OF SERVICES. THIS WARRANTY IS IN LIEU OF ALL 1. THER WARRANTIES (EXPRESSED,, IMPLIED, OR STATUTORY), OR ANY OTHER REPRESENTATIONS, OTHER THAN THE WARRANTIES AND REPRESENTATATIONS SET FORTH IN THIS AGREEMENT. PERS, INC. DOES NOT WARRANT SPECIFIC RESULTS OF ANY KIND AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND /OR FITNESS FOR A PARTICULAR PURPOSE. 5. Safety: Services shall be performed only under safe conditions. PERS, Inc. shall not have any obligation to work or to continue working'in a hazardous environment. PERS, Inc. has the right to'discontinue or terminate operations if, in its sole discretion, such discontinuation or termination is necessary for safety and /or health reasons. Charges, as set forth above and below, shall be made for safety and security measures required by hazardous job conditions. The Client shall be responsible for furnishing any and all safety related equipment, clothing, devices, etc. required for the performance of Services under hazardous conditions. Any and all safety related equipment, clothing, devices, etc., furnished by PERS, Inc. at the request or requirement of the Client, shall be added at cost to the Proposal price. 6. Independent Contractor: PERS, Inc. shall be considered a Professional Services provider, independent agent, Representative or contractor, not an employee or joint venturer of Client. PERS, Inc. shall determine the time, manner, means and method of providing the Services and shall furnish all labor and tools necessary to perform such Services unless otherwise specified in writing; provided, however, PERS, Inc. shall not be responsible for negligence of Client or any other person or entity in the design or selection of a specific manner, means, method or technique which is required by the Client. 7. Information: PERS, Inc. is entitled to and shall rely upon information supplied by Client, or Client's engineers or consultants, or information available from generally accepted sources, without independent verification. PERS, Inc. assumes no responsibility for the accuracy of such information and shall not be liable to client for any inaccuracies contained therein. Client agrees to provide PERS, Inc. with such specifications, plans, studies, documents or the information on conditions, as shall'be reasonably required by PERS, Inc., for proper and timely performance of Services. All designs, data or other technical information relating to the Services will remain the Client's property. 8. Delays and Extensions of Time: If PERS, Inc. is delayed at any time in the progress of the Services by any act or negligence of the Client, including its employees or agents, separate contractor employed by the Client, changes ordered in the Scope of Services, labor disputes, fire, unusual delay in transportation, adverse safety conditions, weather related delays, unavoidable casualties, or any causes beyond the PERS, Inc.'s reasonable control (i.e. force majeure), or by delay authorized by the Client, then the time to complete the Services shall be extended. Additional charges may be made to cover any unforeseen or unusual circumstances not anticipated by PERS, Inc. and the Client, when agreed to by both parties in writing. 9. Changes, Delays and Unusual Costs: If the Client requests or causes changes to be made in the Scope of Services; or if the client delays the progress of work covered by the quotation, PERS,. Inc. shall adjust the contract price to reflect any increase or decrease. 10. Permits and Licenses: Unless otherwise indicated in writing, Client shall procure and provide all necessary permits and licenses required for the Services proposed. 11. Insurance: PERS, Ina shall assume responsibility for workers compensation coverage of PERS, Inc, employees only. PERS, Inc, shall provide General and Professional liability coverage of $2,000,000.00 and Automobile liability coverage for all Field Services. All other insurance coverage and necessary permits to accomplish project shall be. provided bythe Client. 12. Indemnification: Client agrees to indemnify and hold PERS, Inc., its directors, officers, stockholders, employees, representatives or agents harmless from and against any and all claims, demands, causes of action (including third party claims, demands or cause of action for contribution or indemnification), liability or costs (including actual attorney's fees and other costs of defense) which arise out of or result from any negligent act or omission of the Client, its employees, agents, consultants, other contractors or any other person or entity; all except and to the extent that such claims, demands, causes of - action, liabilities or costs are caused by the sole negligence of PERS, Inc., its directors, officers, stockholders and employees. 13. GENERAL LIMITATION OF LIABILITY: UNDER THIS AGREEMENT, PERS, INC. SHALL ONLY BE LIABLE FOR DAMAGES FOR THE SCOPE OF SERVICES PROVIDED. PERS, INC. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM INJURY TO PERSONS OR PROPERTY, LOSS OF PROFITS, LOSS OF BUSINESS REPUTATION, DOWNTIME OR ANY OTHER LOSSES OR EXPENSES NOT IN CONNECTION WITH THE FURNISHING OF SERVICES. .14. Non - waiver: The failure of PERS, Inc. to insist upon strict performance of any of the terms or conditions stated herein shall not be considered a continuing waiver of any such term or condition or any of its rights, nor shall it imply a course of performance between the parties. 15. Complete Agreement: The complete agreement and all attendant components are Copyright O 2009 by Process Equipment Repair Services, Inc. All rights reserved including the right of reproduction, the use of proprietary techniques, procedures and intellectual property in whole or in part, in any form without the written permission of PERS, Inc. The complete agreement between PERS, Inc. and the client is contained herein and no additional or different terms or conditions shall be binding unless mutually agreed to in writing. PERS, Inc. and client agree to be bound by all terns and conditions contained or incorporated herein, all of which are a part of the proposal submitted by PERS, Inc. and should be carefully read. Any provision in Client's acknowledgement forms or similar documents which are inconsistent with the provisions of the proposal shall be of force or effect. These terms and conditions shall apply to all services provided by PERS, Inc. Any different or additional terms and conditions proposed by and/or contained on a response to the proposal are hereby rejected by PERS, Inc. and shall not be incorporated into these terms and conditions. If any term of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity of all other terms hereof shall no way be affected thereby. This agreement shall take effect upon acceptance and execution by the Client and PERS, Inc. This proposal shall become a contract only when accepted by the Client and accepted by Process Equipment Repair Services, Inc. through: respective signatures by authorized personnel. Proposal submitted by: Process Equipment Repair Services Incorporated Date: Accepted by Client. Client Affiliation By: Print Name: Date: By: 02 1/1109 Process 5991 Division Road Equipment West Bend, Wisconsin 53095 Phone (262) 629 -1059 Repay' Fax (262) 629 -1059 Cell (414) 412 -4403 Services, Inc. Email PERSLaMont @aol.com PROPOSAL for Professional Services# 09403 DATE: January 11,2009 Sheet 1 of 6 City of Oshkosh Wastewater Facility Mr. Jan Brandenburg Maintenance & Eng. Foreman 233 North Campbell Road Oshkosh, WI 54902 Work Location: Oshkosh WWTP, Oshkosh, WI Site Telephone: 920- 232 -5365 Scope of Services We hereby propose to furnish the services, .parts and labor as necessary.to .completely disassemble the #1, 120 Ft. Final Clarifier originally supplied by Envirex on Original Order # H 776.78 in approximately 1974, replace the damaged center pier with a new one, remove the remaining tank components (cage, trusses, header, manifold etc.) transport off site for sandblast & paint, transport back to site for reinstallation, rebuild as required the Envirex H 36 drive unit' check and set for center pier plumb, cage plumb and collection mechanism balance and horizontal plane. We shall also set torque overloads and put into service. 1. Working Field Consultant and Labor: Three (3) men, twenty (20) days on -site, plus all standard and specialty tools and equipment, administrative expenses, insurance, travel, With living expenses at cost: Estimate: $41,800.00 2. Parts and Materials; Center Column $13,440.00 Drive rebuild parts (Estimate) $ 4,937.40 Stainless steel Hardware (Estimate) $ 4,100.00 Crane Service (Estimate) $17,000.00 Blast & Paint $37,090.00 Oshkosh, WI.... ........................... #09- 103......... ............................... Page 2. covered under our warranty. All parts are to be on -site prior to the start of work. City to completely drain and clean clarifier basin prior to start of work. City to disconnect electrical' power and remove switch boxes and conduit chanaes in commodities on this proposal dates s to original estimated costs provided in this proposal. All work is guaranteed to be as specified, and the above work shall be performed in accordance with, or to exceed, the manufacturer's specifications for above work, and be completed in a substantial workmanlike manner with payments to be made Net 30 Days from the Date of'Invoice. Customer shall be billed for actual labor only, plus travel, matereal expenses at cost plus M 20%, and living expenses at cost If there is a significant change in the degree of difficulty or any change in the original Scope of Services, both PERS; Inc. and the City will agree to the changes in writing prior to proceeding. Read, Sign and Return one copy of the attached PERS; Inc. "Terms Governing Customer Services" with a signed copy of the Proposal cover original. Owner to carry fire, natural disaster and other necessary insurance upon above work. Workmen's Compensation and Public, Professional, 'and Pollution Liability Insurance and additional mandated City of Oshkosh each occurrence insurance on proposed services to be supplied by Process Equipment Repair Services, Inc. _Date: Albers; Equipment Repair Services, Inc. Oshkosh, WI ............................... #09- 103 ........................................ Page 3 Note: This proposal may be withdrawn if not accepted wit 60 days. . ACCEPTANCE OF PROPOSAL The above prices, specifications and attached Service Terms of this Proposal are satisfactory, and are. hereby accepted. Process Equipment Repair Services, Inc. is authorized to do the work as specified. Payment will be made as outlined above. Signature: Date: Printed Name: Signature:_ Printed Name Date: Copyright m 2009 by process Equipment Repair Services, Inc. All rights reserved including the right of reproduction, the use of proprietary techniques, procedures, and intellectual property in whole, or in part, in any form, without the written permission of PERS, Inc Process. tqulpmenr Kepair Jervices, mu. TERMS GOVERNING CUSTOMER SERVICES Service Rates: Services of Process Equipment Repair Services, Inc. (PERS, Inc.) an organization for Operation and Maintenance, Equipment Services as specified in this proposal are furnished by PERS, Inc. at the following rates: A. For all Mechanical Services and Equipment Services, including proposal estimates and administrative costs, within the continental limits of the United States: $85.00 per hour, $680.00 per eight (8) hour day, Monday through Friday inclusive. Overtime Monday through Friday and Saturday work is charged at time and one -half. Time worked on Sunday shall be charged double time; time worked on U.S Holidays shall be charged double time. Services performed under hazardous conditions that require the use of special breathing apparatus and /or protective gear will be charged at twice . the standard rate, (See Section 5). PERS, Inc. is obligated to pay all employees the designated prevailing wage rate. PERS, Inc. is also obligated to insure that all sub - contract labor is paid the prevailing wage rate for their classification. B. Traveling, living and incidental expenses at cost, (not to exceed $150.00 per day per person). Personal and corporate vehicles will be charged at a rate of $1.50 per mile. C. Travel time shall be charged to and from the Client's job site at the standard hourly rate for the Services being performed. Weekend and holiday travel requests, if required by the Client, shall be charged at overtime rates. D: There are no charges for telephone consultations unless Services are performed at the Client's request. Rates shown above apply to services performed within 90 Days from the Date of Quotation. Services performed after that time will be subject to then current rates. 2. Basis of Price: A. PERS, Inc. prices do not include the cost of materials and material freight, or the cost of any other third part services unless expressly stated within this Proposal. Materials furnished by PERS, Inc. shall be invoiced at cost plus ( +) 20% and shall be covered under the Proposal Warranty. Material freight shall be prepaid to the job site. B. PERS, Inc. prices do not include sales, use, excise or other similar taxes unless expressly stated within this Proposal. The Client shall furnish PERS, Inc. with a copy of the Client's tax exemption Certificate, or the Tax Exemption I.D. Number on the Client's letterhead. C. Bonds, Insurance (other than our normal Coverage), and other premiums are not included. Additional bonding and insurance requirements, if required or requested by the Client, will be added at cost to the Proposal price. D. Terms of.Payment: Net 30 days from the Date of Invoice unless otherwise agreed to in advance and in writing. Partial. invoices for equipment and materials will be submitted when the equipment and materials are shipped to the job site. Partial invoices for labor and services may be submitted at the end of each month through project completion. in the event any payment becomes past due, a compound interest chare of 1.5 percent shall be assessed monthly and.for any portion thereafter. Client agrees to pay any and all actual Attomeys' fees and court costs if attorneys are retained to collect any past due amounts. 3. Cancellation: In the event of cancellation, Client agrees to compensate PERS, Inc. for all work performed up to the date of. cancellation. 4. Performance and Warianty: PERS, Inc. agrees to perform the services and work [''Services"] described in the Scope of. Services in the proposal, within the limits prescribed by the Client, on a good faith basis under the terms and conditions set fort h herein. PERS, Inc. shall. exercise reasonable skill and judgment in providing such Services. PERS, Inc.'s responsibility is limited to Services specifically performed by PERS, Inc. for the Client. PERS, Inc.'s warranty is a warranty for the performance of services only, and PERS, Inc. hereby disclaims any and all warranties for any equipment, mechanical device or machine provided by PERS, Inc. to Client under the scope of services above, or installed by PERS, Inc. on behalf of the Client PERS, Inc. shall not be responsible for acts or omissions of the Client, its officers, directors, employees, or agents,. or any third parties: Except for the direct acts or omissions of PERS, Inc. representatives, the responsibility for proper operation and maintenance of the equipment shall be the Client's. Failure by the Client to properly operate and maintain the. equipment shall void any'and all wanabty'claims and remedies that may result PERS, Inc. warrants that Services shall be of good quality in all respects. Services shall be performed, findings obtained, and recommendations prepared in accordance with generally and currently accepted. industry standards, principles and practices. The Services of PERS, Inc; technicians shall be free of defects in workmanship FOR A PERIOD OF ONE (1) YEAR from the date of completion. Remedy: All warranty claims in' connection with the Services to be performed hereunder shall be made promptly by the Client in writing - and received by PERS, Inc. within one year after PERS, Inc. last performed substantial and related work at the job site. PERS, Inc: shall repair or replace Services proven to be defective in workmanship, ORAT ITS SOLE OPTION, refund the cost of the Services. PERS, Inc. may accept back charges for warranty claims performed by the Client provided that PERS, Inc. has given it's written approval PRIOR to the Client performing such services. The remedy stated above for proven defects in Services and Workmanship SHALL BE THE CLIENTS'S SOLE AND EXCLUSIVE REMEDY. LIMITATION OF LIABILITY: UNDER THIS AGREEMENT, PERS. INC. SHALL ONLY BE FOR DAMAGES FOR THE SCOPE OF SERVICE PROVIDED. PERS, INC. SHALL NOT BE LIABLE FOR ANY PUNITIVE DAMAGES, PRODUCT LIABILITY DAMAGES, CONSEQUENTIAL, OR INCIDIENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM INJURY TO PERSONS OR PROPERTY, LOSS OF PROFITS, LOSS OF BUSINESS REPUTATION, DOWNTIME, OR ANY OTHER LOSSES OR EXPENSES NOT IN CONNECTION WITH THE FURNISHING OF SERVICES. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXPRESSED, IMPLIED, OR STATUTORY), OR ANY OTHER REPRESENTATIONS, OTHER THAN THE WARRANTIES AND REPRESENTATATIONS SET FORTH IN THIS AGREEMENT. PIERS, INC. *DOES NOT WARRANT SPECIFIC RESULTS OF ANY KIND. AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND /OR FITNESS FOR A PARTICULAR PURPOSE. 5. Safety: Services shall be performed only under safe conditions. PERS, Inc. shall not have any obligation to work or to continue working in a hazardous environment. PERS, Inc. has the right to discontinue or terminate operations if, in its sole discretion, such discontinuation or termination is necessary for safety and /or health reasons. Charges, as set forth above and below, shall be made for safety and security measures required by hazardous job conditions. The Client shall be responsible for furnishing any and all safety related equipment, clothing, devices, etc. required for the performance of Services under hazardous conditions. Any and all safety related equipment, clothing, devices, etc:, furnished by PERS, Inc. at the request or requirement of the Client, shall be added at cost to the Proposal price. 6. Independent Contractor. PERS, Inc. shall be considered a Professional Services provider, independent agent, Representative or contractor; not an employee or joint venturer of Client. PERS, Inc. shall determine the time, manner, means and method of providing the Services and shall furnish all labor and tools necessary to perform such Services unless otherwise specked in writing; provided, however, PERS, Inc. shall not be responsible for negligence of Client or any other person or entity in the design or selection of a specific manner, means, method or technique which is required by the Client 7. Information: PERS, Inc. is entitled to and shall rely upon information supplied by Client, or Client's engineers or consultants, or information available from generally accepted sources, without independent verification. PERS, Inc. assumes no responsibility for the accuracy of such information and shall not be liable to client for any inaccuracies contained therein. Client agrees to provide PERS, Inc. with such specifications, plans, studies, documents or the information on conditions, as shall be reasonably required by PERS, Inc., for proper and timely performance of Services. All designs, data or other technical information relating to the Services will remain the Client's property. S. Delays and Extensions of Time: If PERS, Inc: is delayed at any time in the progress of the Services by any act or negligence.of the Client, including its employees or agents, separate contractor employed by the Client, changes ordered in the Scope of Services, labor disputes, fire, unusual delay in transportation, adverse safety conditions, weather related delays, . unavoidable casualties, or any causes beyond the PERS, Inc.'s reasonable control (i.e. force majeure), or by delay authorized by the Client, then the time to complete the Services shall be extended. Additional charges. may be made to cover any unforeseen or unusual circumstances not anticipated by PERS, Inc. and the Client, when agreed to by both parties in Writing. 9. Changes, Delays and Unusual Costs: if the Client requests or causes changes to be made in the Scope of Services, or if the client delays the progress of work covered by the quotation, PERS, Inc. shall adjust the contract price to reflect any increase or decrease. 10. Permits and Licenses: Unless otherwise indicated in writing, Client shall procure and provide all necessary permits and licenses required for the Services proposed. 11. Insurance: PERS, Inc. shall, assume responsibility for workers compensation coverage of PERS, Inc. employees only. PERS, Inc. shall provide General and Professional liability coverage of $2,000,000.00 and Automobile liability coverage for all Field Services. All other insurance coverage and necessary permits to accomplish project shall be provided by the Client I 2. Indemnification: Client agrees to indemnify and hold PERS, Inc., its directors, officers, stockholders, employees, representatives or agents harmless from and against any and all claims, demands, causes of action (including third party claims, demands or cause of action for contribution or indemnification), liability or costs (including actual attorney's fees and other costs of defense) which arise out of or result from any negligent act or omission of the Client, its employees, agents,. consultants, other contractors or any other person or entity; all except and to the extent that such. claims, demands, causes of action, liabilities or costs are caused by the sole negligence of PERS, Inc., its directors, officers, stockholders and employees. 13. GENERAL LIMITATION OF LIABILITY: UNDER THIS AGREEMENT, PERS, INC. SHALL ONLY BE LIABLE FOR DAMAGES FOR THE SCOPE OF SERVICES PROVIDED. PERS, INC. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM INJURY TO PERSONS OR PROPERTY, LOSS OF PROFITS, LOSS OF BUSINESS REPUTATION, DOWNTIME OR ANY OTHER LOSSES OR EXPENSES NOT IN CONNECTION WITH.THE FURNISHING OF SERVICES. 14. Non - waiver: The failure of PERS, Inc. to insist upon strict performance of any of the terms or conditions stated herein shall not be considered a continuing waiver of any such term or condition or any of its rights, nor shall it imply a course of performance between the parties. 15., Complete Agreement: The complete agreement and all attendant components are Copyright © 2009 by Process Equipment Repair Services, Inc. All rights reserved including the right of reproduction, the use of proprietary techniques, procedures and intellectual property in whole or in part, in any form without the written permission of PERS, Inc. The complete agreement between PERS, Inc. and the client is contained herein and no additional or different terms or conditions shall be binding unless.mutually agreed to in writing. PERS, Inc. and client agree to be bound by all terms and conditions contained or incorporated herein, all of which are a part of the proposal submitted by PERS, Inc. and should be carefully read. Any provision in Client's acknowledgement forms or similar documents which are inconsistent with the provisions of the proposal shall be of force or effect. These terms and conditions shall apply to all services provided by PERS, Inc. Any different or additional terms and conditions proposed by and /or contained on a response to the proposal are hereby rejected by PERS, Inc. and shall not be incorporated into these terms and conditions. If any term of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity of all other terms hereof shall no way be affected thereby. This agreement shall take effect upon acceptance and execution by the Client and PERS, Inc. This proposal shall become a contract only when accepted by the Client and accepted by Process Equipment Repair Services, Inc. through respective signatures by authorized personnel. Proposal submitted by. Process Equipment Repair Services, Incorporated Date: f �� Accepted by Client: Client Affiliation By. _ Print Name: Date: Date: 1/01/09 0 O.fHKO.fH ON TH WATM City of Oshkosh C(OPY MEMORANDUM DATE: My 3, 2008 TO: David C. Patek, Director of Public Works FROM: Stephan M. Brand, Utilities Superintendent RE: Wastewater Treatment Plant Secondary Clarifier No. 4 Evaluation Secondary clarifiers No. 1, No. 3, and No. 4 were evaluated last fall at the same time as secondary clarifier No. 2 was being rebuilt. The purpose of this investigation was to evaluate their condition for similar movement of the center support column as was found in clarifier No. 2. Clarifier No. 4 was found to have started showing movement of the center support column. Further inspection completed this spring shows that the center support column has had additional movement and is in need of immediate replacement. We have been trying to find contractors that will give us estimates for repairs based on the work required for a complete rebuild of the clarifier. This allows us to evaluate their understanding of the work so they could be included in a request for bids for the proj ect. We contacted the following four firms for quotes on the project: Process Equipment Repair Services from West Bend, August Winter from Appleton, CR Meyer from Oshkosh, and JF Ahern from Fond du Lac. Process Equipment Repair Services provided a quote of $119,427.40 for the complete project including replacement of the center column and rebuilding of the clarifier drive which are needed for this project. August Winter quoted $141,670.00 without the drive rebuild.. CR Meyer quoted $73,500.00 to remove, sandblast, paint, and reinstall the clarifier mechanism, but declined to quote the center support column replacement and drive rebuild which are needed for this project. JF Ahern declined to quote the project. The only firm that we have found that will provide a quote for the complete rebuild of the clarifier including replacement of the center support column and rebuilding the drive mechanism is Process Equipment Repair Services. They did the emergency rebuild on clarifier No. 2 last fall and did an excellent job of meeting and also exceeding the original equipment manufacturer specifications. The total cost to repair clarifier No. 2 in 2007 was $105,611.40. The increase in the quoted price for repair to clarifier No. 4 is due to increased cost of steel and supplies. Based on this information, I would request that an exception to the bidding process be considered and the clarifier No. 4 rebuild be awarded to Process Equipment Repair Services of West Bend, in the amount of $119,427.40. This project is included in the 2008 CIP and will be funded through the WWTP equipment replacement fund. X . w , CO ULY 8- 08-237 .. PRESYUTION (CARRIED LOST LAID OVER WITHDRAW PURPOSE: WAIVE BIDS & CONTRACT FOR REPAIR OF CLARIFIER FOR WASTEWATER TREATMENT PLANT FOR PUBLIC WORKS DEPARTMENT ($119,427.40) INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, after inspection, it is necessary to have Clarifier number four rebuilt at the Wastewater Treatment Plant; and WHEREAS, the Public Works Department contacted numerous contractors for quotes on this project which requires a complete rebuild of the clarifier unit and only one company would quote for the complete rebuild of the clarifier, including replacement of the center support column; WHEREAS, Process Equipment Repair Services is the only firm that will do the complete rebuild of the clarifier, including replacement of the center support column and rebuilding of the clarifier drive, and it is therefore necessary to waive bids pursuant to section 12- 10(D)(1) of the Oshkosh Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper. City officials are hereby authorized and directed to waive bids and to enter into a contract for complete rebuild of Clarifier number four including replacement of the center support column and rebuilding the drive mechanism with: PROCESS EQUIPMENT REPAIR SERVICES 5991 Division Road West Bend, WI 53095 Total: $119,427.40 BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from: Acct. No. 551 - 1910 - 1735 -00000 - Sewer Utility- Liquid Disposal Plant Equipment