HomeMy WebLinkAboutOrdinance 5024 ORDINANCE NO. 5024
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH
BLUEINGREEN, LLC FOR THE INSTALLATION OF A
SUPERSATURATED DISSOLVED OXYGEN INJECTOR FOR THE
NOLAND WASTEWATER TREATMENT PLANT IN THE AMOUNT
OF $66,460.00; AND APPROVING A CONTINGENCY OF $5,000.00.
WHEREAS, due to the unique and proprietary nature of the Supersaturated Dissolved Oxygen
Injector equipment involved, such equipment is not available from any other manufacturer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, waives
the requirements of formal competitive bidding for the installation of the Supersaturated Dissolved Oxygen
Injector, and approves a contract with BluelnGreen, LLC for the installation of the Supersaturated Dissolved
Oxygen Injector for the Noland Wastewater Treatment Plant in the amount of $66,460.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a continq pyll mmp,,
of $5,000.00. �``�FRWTRe9
Go G\T Y O c ,p
PASSED and APPROVED this 51h day of June, 2007.
; FAYETTEVILLE;
APPROV ATTEST: tLo• �`
"o9sy/kANSP�J?
By: &4 By: G;rotm�
DAN COODY, Mayor S NDRA E. SMITH, City Clerk/Treasurer
BluelnGreen, LLC
Terms and Conditions of Sale
1. Exclusive Terms and Conditions. As used in Nese Terms and Conditions, the term 'Seger refers to BluelnGreen, LLC and the term '8uyeP refers to the amity to wham BluelnGreen,
LLC is providing Goods and/or Services. These Terms and Conditions cover equipment and related scope of supply as defined by the commercial quotation ('Goods/, the provision of advice
and Instruction. in relation to Nose Goods ('Servicesy and the licensing by Seller of any software in connection with Goals or Services. By ordering or purchasing Goods or Services from
Seger, Buyer agrees that Nese Terms and Condifions will apply to the related contracts for the sale of Goods andror provision of Services by Seller to Buyer, and that they will lake
precedence over Buyer's order or purchasing terms and conditions. Furthermore, conflicting provisions in the Seller's wriften quotation shall take precedence over these Terms and
Conditions. The entire contract for any sale of Goods and/or the provision of Services ("Agreement') shall comprise these documents in the stated order of precedence.
2, Buyers Obligations. Seller's Goods and Services are provided to Buyer based on the Information made available to Seller concerning the systems to be treated with our Goods and an
related equipment and processes (?ri Seller will not control the operation of Buyer's Process, and Seller will have no liability for the quality or performance of Buyer's Process. For
Seller's Goods to work as intended, it is essential that Buyer fulfil the following obligations COblgationi (a) operate Buyer's Process within the stated design basis parameters or, 8 none,
within industry customary operating conditions; (b) maintain Goals in good operating andifim and repair, (c) fallow Seger's recommendations; (d) communicate to Seller any condidons within
or changes to Buyers Process which may affect the way in which Settees Goods perform; (e) maintain and handle Seller's Goods in a proper and safe manner. If Buyer does not fulfil Buyer's
Obligations such that the performance of Goods are impacted, Nen Seger shag be relieved of all obligations with respect to warranties, performance goals, cost savings mother commibnents
Seller has made to Buyer.
3.Offers; Prices; Payment Introductory Offer valid for a 30% reduction of the quoted price for a onetime purchase. Introductory Offer is a promotional offer which appnes to new products
purchased during promotional time period beginning April 1, 2007. Seller reserves all rights to modify, extend or terminate promotional time period. Introductory Offer applies to one purchase
per Buyer during the promotional time period. Standard payment milestones are as follows: 30%of total order value upon receipt of order, 3D% upon Seller's receipt of major materials; 30%
upon readiness to ship; 10% upon commissioning of Goods to perform their stated purpose, but no more than 90 days after shipment. Unless otherwise specified in writing, quotations are
valid for 30 days from the date of the quotation. Prices are exclusive of sales tax, value added tax and/or other taxes and third-party surcharges that will be charged to Buyer. Buyer must
supply a certificate of exemption to avoid these charges. Unless otherwise specified in writing, payment is due net thirty (30) days from the date of Settees invoke. Prices not paid by the due
date shall bear interest of 1.5% per month calculated on a monthly basis. Buyer win also reimburse Seller for ass incurred by Seger in collecting amounts not paid when due, including but
not limited to attorneys fees and court costs. If Buyer defaults on any payment under any Agreement or Seller terminates an Agreement in accordance with clause 12, all payments due under
all Agreements between Seller shall become payable immediately.
4.Delivery. Delivery will be made EXW (INCOTERMS 2000) named place of destination, unless explicitly stated otherwise in the quotation. Seller shall have no liability for any visible defects
in material and workmanship unless details of such defects are notified to Seller by fax or emad within 5 days ager delivery of the Goods. Any delivery or performance dates quoted by Seller
are estimates only. Buyer shall not be entilled to refuse delivery of Goods or Services made outside the estimated delivery period, or claim a price reduction or damages in respect of any
such delivery.
S.Payment for Excessive Usage; Lost and Damaged Goods; Unused Goods. If Seller agreed that payment is based a some facto other than the actual amount of Goods delivered to
Buyer (lig., provisional interim fixed payments, or based on usage or production), Buyer shall nevertheless pay for all Goods (a) consumed as a result of Buyer's failure to comply with Buyers
Obligations; or (b) lost or damaged after delivery, notwithstanding any event of Farce Majeure. Upon the termination of an Agreement, Buyer shall pay Seger for all unpaid Goods in Buyers
possession at Sellers current prices unless otherwise agreed in writing. Seller shag not have any obligation to accept returns of unused Goods.
6.Warranfles. For a period of twelve (12) months from the date of the delivery of Goods manufactured by Seller, Seller warrant that the Gads shall conform to Sages published '
speciidcafias and shall be free fmm defects in material and workmanship it the Goods are property used and stored by Buyer. Unless a warranty claim is made in writing and received by
Seller within twelve (12) maths of the delivery of the Gads or pression of the Services at issue, Seller shall have no liability for any breach of these warranties. If Sellers examination of the
Goods or Sellers evaluation of the Services confirms a breach of warranty, Sellers sole liability for the breach of warranty shall be at Sellers discretion as the case may be: (a) to replace any
nontonformirg pads or refund the purchase price of the nom-conforming pars; or (b) to reperform the Services at issue, or refund the amount paid for the Services at issue. Buyer, as the
original purchaser, is not entitled to extend or transfer the foregoing warranties to any other party. An warranties conditions or terns implied by law are hereby excluded to the extent such
exclusion is permitted by law.
T.Compliance with Laws; Export Control Rules; Permits. Buyer shag be responsibloor compliance with an laws and regulations applicable to the storage, use, handling, installation,
registration and labelling of all Goods as from their delivery and the disposal of all wastes and residues (including packaging) resulting from Buyer's use of the Goods. Buyer shall procure at
Buyer's expense all permits and licenses required for the Services, or which are required to operate equipment or to use or store the Goods. Buyer warrants that any exportation of Seller's
Goods will be In strict conformance with applicable law, including US export control regulations. Buyer confirms That Buyer will not use such Goods or knowingly facilitate their use by third
parties In violation of such regulations.
8.Force Majeure. Nether party will be responsible to the other 9 uncontrollable events make it impracticable or commercially unreasonable for either of us to perform under the terms of this
Agreement Such events include, without limitation, acts of God, acs of war, civil disobedience, terrorism, fire, shortage or inadequate sources of raw materials, component pars or essential
utilities, machinery or transportation failures, labor dockers and strikes. In case of any shortages of raw materials or component pars Seller reserve the right to apportion Goods on an
equitable bass in Sellers sole discretion. No force majeure shall appy to Buyers obligation to pay Seller in a timely manner for Goods and Services Seger have provided to Buyer.
9. Confidentiality and Intellectual Property. Buyer shag keep all documents, materials, ideas, data, drawings, information and know-how relating to Gads andlo Services or relating to the
business, clientele, research and development of BluelnGreen, LLC relating to Gads andlo Services (herein called 'Confidential Information") which Seller night provide to Buyer or Buyer
might acquire. Buyer shall furthermore beat any Agreement or any proposal (whether accepted or not) as confidential, Buyer fuller agree that Buyer will not without Settees prior written
consent, subject the Goods or any other of Sellers products to any type of reverse engineering. Seller retains all intellectual property rights (including copyright) in all drawings and data or
other deliverables supplied to Buyer under any Agreement, subject to Buyer's right to use such drawings and data for the purpose for which Seller supplied them. As between Buyer and
Seller any software (including documentation to this software) Seller provides to Buyer pursuant to the Agreement including software loaded on equipment provided by Seller to Buyer shall
remain Settees property. Seller agrees to provide Buyer a non-transferable, limited and nonexclusive license to such software for the period during which Buyer uses the Goods or Services.
Buyer agrees not to copy, sub-license, translate, reverse engineer, or decode such software. This license shall terminate automatically and the software and all documentation shall be
returned to Seller upon the expiration of the period of the license or upon Buyers breach of any of Buyers foregoing obligations relating to such software. This clause shall not apply to
Confidential Information which is (a) in the public domam or (b) which Buyer an prove was already known to Buyer without breach of any cordudenfialily obligation at the time 4 was provided
to Buyer by Seller or acquired by Buyer or(c) is provided to Buyer by a third party without breach of any confidentiality obfigatim.
10. Indemnification; Limitation on Liability.
1.) Sages liability to Buyer in respect of an causes of action arising in contract fort or otherwise (including the generality of the foregoing liability for negligence or breach of statutory duty)
under, in contraction with, or arising at of the Agreement shag not exceed, ave in the event of Wfful misconduct or gross negligence, the aggregate of the prices of the Goods and Services
sold or provided under the Agreement
2.) Buyer agree to indemnify and hold Seller and Settees representatives harmless from and against any loss, cost or liability, including for personal injury, and for all property damage, to the
extent directly caused by: (a) Buyer's negligence, Including, withal limitation, Buyer's failure to maintain a safe work environment for Sellers representatives, or (b) the breach of Buyers
obligations under this Agreement, or (c) Buyees handling or disposal of any Goods, residue or waste from Goods (including packaging). Indemnification obligations to each other shall not be
construed as a waiver of any rights arising under any laws. The indemnification obligations set forth in subsections (a) and (b), above, shall survive for a period of two (2) years after the last
ale. The indemnification obligations set font in subsection (c), above, shall survive without limitation of time.
11. Conflicts, survival, Assignment. If there is any conflict between provisions, than the terms and conditions set forth in the Sellers proposal shall prevail. If any term or condition of an
Agreement is held invalid, unenforceable or illegal, then it shall be construed to be made legal, enforceable or valid, or deleted if such construction is not possible, but the remaining terns and
conditions shag remain in fun force and effect and the Agreement shall be interpreted and implemented in the manner most consistent with the intended agreement The benefit of any
Agreement may not be assigned by either parry without the other parry's prior written consent provided, however, Nal any Agreement may be transferred and the benefit thereof assigned by
Seger without Buyer's consent in the event that all or substantially all of BluelnGreen, LLC is transferred to a third party.
12. Termination. Any Agreement and any performance pursuant to it may be terminated or suspended by either party immediately it the other party defaults in its material obligations under
this Agreement, and such default is not cured within thirty (30) days from the date of sending a default notice by registered leder to the company address as defined in the purchase order. If
Buyer terminates this agreement, Seller shall be enfired to recover costs incurred to dale.
TCSaie2007B-BluelnGrem
0 / Di
City of Fayetteville 61 ,5162
Staff Review Form 5o 4'
City Council Agenda Items 13i4 In Gr
or
Contracts LLQ
5-Jun-07
City Council Meeting Date
David Jurgens Wastewater System Impry Project Water/Wastewater
Submitted By Division Department
Action Required:
Approval of a contract with BluelnGreen, LLC. , for the installation of a supersaturated dissolved oxygen injector for
the Noland Wastewater TreatmentPlant, WSIP subproject EP-4, in the amount of $66,460.00 with a contingency of
$5,000 and approval a bid waiver./
$71 ,460.00 $ 99,013,095 Wastewater System Imp Project
Cost of this request Category / Project Budget Program Category / Project Name
4480.9480.5315.00 $ 68,957,406 Water and Wastewater
Account Number Funds Used to Date Program / Project Category Name
02133-0334 $ 3030553689 Water/Sewer
Project Number Remaining Balance Fund Name
Budgeted Item 0 Budget Adjustment Attached
Previous Ordinance or Resolution #
Depart nt Di ctor Date Original Contract Date:
7 Original Contract Number:
City Attorn y Oate
Received in City Clerk's Office
Finance an ternal Service Director Date
Received in MaOfXe ENT FA
Mayor Date
Comments:
City Council Meeting of June 5, 2007
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru : Mayor Dan Coody n
From: David Jurgens, Water and Wastewater Director
Fayetteville Sewer Committee 111777 I �
Date: May 10, 2007
Subject: Approval of a contract with B1ueInGreen, LLC., for the installation of a supersaturated dissolved
oxygen injector for the Noland Wastewater Treatment Plant, WSIP subproject EP-4, in the amount of
$66,460.00 with a contingency of $5,000 and approval of a bid waiver
RECOMMENDATION
Approval of a construction contract with B1ueInGreen, LLC., for the installation of a supersaturated
dissolved oxygen injector for the Noland Wastewater Treatment Plant, WSIP subproject EP-4, in the
amount of $66,460.00 with a $5,000 contingency, and approval of a bid waiver.
BACKGROUND
The equipment is puts oxygen in treated wastewater effluent to meet the dissolved oxygen concentration
required by our NPDES permit. It was tested on site from February — March 2007 at the Noland WWTP
with excellent results. This is the only manufacturer that makes equipment of this nature. It is unique and
the patent is pending, therefore a competitive bid is not possible. Alternative methods all cost more.
DISCUSSION
This equipment uses liquid oxygen (LOX) rather than nonnal air, and is much more efficient than existing
equipment. The expected savings in LOX and electricity will pay for the investment in roughly five years,
while simultaneously contributing to the City' s ongoing efforts to conserve natural resources and function
in an environmentally friendly manner.
While not specifically identified in the 2001 Wastewater Master Plan, this WWTP improvement matches
exactly the spirit and intent of all aspects the WSIP efforts at the Noland facility. This work would have
been included in the 2001 scope of work had this technology been available at that time. Thus, staff
recommends that this project be incorporated into the WSIP as EP-4.
Cost Com arison
Current SDOX-300 $ Annual Savings
Oxygen Consumption, cu ft/yr 1 ,754,892 133 ,643
Cost per 1000 cu ft $8.62 $8.62
Oxygen Cost per Year $157127.17 $17152.00 $135975.17
Electrical Consumption, KWH 61600 3,000
Cost per KWH $0.06 1 $0.06
Electrical Cost per Year $396.00 $180.00 $216.00
Total Annual Savings $14,191 .17
BlueinGreen has offered the City a discounted rate in order to get this system in use in this region.
Although it is a first time application, all components are available on the open market, making repair
relatively simple and eliminating the concerns normally associated with new technologies.
BUDGETIMPACT
Funds are available in the WSIP project budget.
EP-4 Oxygenation Injection CC Memo SJuno7
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH
BLUEINGREEN, LLC FOR THE INSTALLATION OF A SUPERSATURATED
DISSOLVED OXYGEN INJECTOR FOR THE NOLAND WASTEWATER
TREATMENT PLANT IN THE AMOUNT OF $66,460.00; AND APPROVIN .
CONTINGENCY OF $500.00.
Ev
WHEREAS, due to the unique and proprietary nature of the ated i ' olved ygen Injector
equipment involved, such equipment is not available from any other manu
NOW, THEREFORE, BE IT ORDAINED THE CIT ! O L OF CITY OF
FAYETTEVILLE, ARKANSAS: M
Section 1 . That the City 'of,. e Cityof a e, Arkam erebinds tha , trcumstances
constitute an exceptional si on; ere c etitive bi ' g i o feasible actical, waives a requirements of
formal competitive bidding for talla ' ` E f the Sup ' D. solved n Injector, and approves a contract
with B1ueInG * g r the i " latio a Super Dm `0 ed jector for the Noland Wastewater
. .ir
Treatm n am unt $ 0.
S ction 2. Lt . a ", o "il . f the Fayetteville, Arkansas hereby approves a contingency of
$5,000 0
SSED an E PR .r s 5" day of June, 2007.
APP R D: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
r BluelnGreer M Fayetteville,
, LLC
535 W. Research Blvd., Suite 135
Fayetteville, AR 72701
Ph. (479) 527-6378 Fax (479) 57"814
Supersaturated Dissolved
Oxygen Injector ( SDOX )
For
CH2M Hill OMI
City of Fayetteville Paul R. Nolan Wastewater
Treatment Facility
BLUEINGREEN REFERENCE NUMBER: 2007-0154RO
DATE: 04-APR-2007
PROPOSAL VALID FOR 60 DAYS
BluelnGreen Customer Service Contacts
Adam Jokerst, Applications Engineer Clay Thompson, Senior Engineer
479-466-8166 direct 479-527.6378 direct
1
TABLE OF CONTENTS
Page No .
I Definition of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
II . Design Basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
III . Utilities Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
IV. Equipment Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
V. Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
VI . Support and Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
VII. Owner Requirements & Responsibilities. . . . . . . . . . . . . . . . . 11
Attachments
A. Terms and Conditions
B . SDOX Diagram
2
I. DEFINITION OF APPLICATION
The equipment described in this proposal is designed to oxygenate the
treated wastewater effluent from the Fayetteville Wastewater Treatment
Facility to a dissolved oxygen ( DO) concentration stipulated by a National
Pollutant Discharge Elimination System (NPDES) permit.
Design effluent flow rate : 16 MGD - average
36 MGD - peak
Design effluent temperature : 30 °C
NPDES permitted minimum effluent discharge DO concentration :
8 . 0 mg/L - summer
10 .0 mg/L - winter
Design DO concentration increase at peak flow : 2 . 5 mg/L
The SDOX system is automated to deliver a fixed amount of oxygen in
solution on command or continuously . It has a manually adjustable oxygen
delivery rate based on the internal operating pressure to match the demand
requirements, providing a full range of turndown capability . System
operating parameters can be easily integrated into plant monitoring
programs.
The remaining document provides details of the SDOX-300 application
solution .
3
U. DESIGN BASIS
The SDOX-300 has the following maximum operating capacity :
DO increase at average effluent flow rate : 5 . 6 mg/L
DO increase at peak effluent flow rate : 2 . 5 mg/L
SDOX-300 flow rate : 220 gpm
SDOX-300 oxygen usage : 750 Ib DO/day
Estimated SDOX-300 power requirement: 32 HP
Under average conditions. the SDOX-300 will operate as follows :
Treated effluent flow rate : 16 MGD
DO concentration increase : 2 . 5 mg/L
SDOX-300 flow rate : 100 gpm
SDOX-300 oxygen usage : 335 Ib DO/day
Estimated SDOX-300 power requirement : 14 HP
The SDOX-300 has the following piping design :
Inlet line size : 4-inch pipe
Discharge line size : 3-inch high pressure pipe
Average inlet line velocity : 2 . 5 ft/s
Average discharge line velocity : 4 .3 ft/s
Maximum inlet line velocity : 5 . 5 ft/s
Maximum discharge line velocity : 9 . 5 ft/s
4
4
III. UTILITIES REQUIRED
Electricity
Main : . 460 V/3 PH/60 HZ
Control : 110 V/ 1 Ph/60 HZ
Average connected power: 14 HP
Maximum connected power: 32 HP
Utility Oxygen
Maximum oxygen usage : 750 Ib/day
370 scfh
Average oxygen usage : 335 Ib/day
165 scfh
Utility oxygen required at 120 psig . Oxygen usage rates based on 100%
oxygen composition by mass.
5
IV. EQUIPMENT SPECIFICATIONS
Saturation Chamber
One ( 1 ) 36-inch diameter x 55-inch tall saturation chamber, pressure
rated and ASME coded to 150 psig :
Material : 304 stainless steel
• 3-inch inlet 150# RF flange
• 3-inch outlet 150# RF flange
• 2x1-inch 150# RF level instrument flanges
• 3/4-inch oxygen supply/pressure relief connection , NPT threads
Welding is per ASME standards for piping ( US) . Hydrostatic pressure
tested . No radiograph is included .
Oxygen saturation chamber, fittings, and instruments cleaned per CGA
G-4 . 1 standards .
Pump and Motor
PUMD
Goulds Model 3196 MTX Centrifugal pump. Size : 1 . 5x3- 10. Solids
capacity : 0 . 22-inch .
Motor
Baldor 50 HP TEFC Premium Efficiency inverter duty motor with a 440
V/3 PH variable frequency drive (VFD) .
Maximum operation : 225 gpm at 155 psig discharge pressure.
RECOMMENDED CONFIGURATION :
Two (2) integrated parallel pumps with motors and VFD's . Parallel
pump system provides one ( 1 ) operational pump and one ( 1) backup
pump .
OPTIONAL CONFIGURATION :
One ( 1 ) pump with motor and VFD; no backup .
Electrical Construction
Electrical construction is in accordance with the US National Electric
Code ( NEC) . Please advise if any unusual conditions or local codes are
required .
Control Panel
6
One ( 1) control panel with the following components :
1 . NEMA 4 weatherproof enclosures with 20% spare terminals.
2 . Control panel indicating lights and shutdowns.
Status Indication
• Power on (White)
• Pilot "ON " (Green )
Button and Switches
• Power (on/off)
• Operation Mode ( hand/off/auto)
• System Reset
• Shutdowns and Alarms
• Emergency Shutdown (remote contact)
4 . Programmable Logic Controller ( PLC) .
• CPU module with operating program
• 120/240/460 VAC power Supply
• Module Base
• 120 VAC Input Module
• Relay Output Module
• Analog Output Module
• 4 - 20mA
6 . Adjustable temperature space heater in master panel enclosure.
Structural Steel
Structural skid will be provided to hold control panel/rack, water line
and instrumentation components. Skid fabrication per AISC standard
and welding per AWS D1 . 1 standard or equivalent, no radiograph is
included .
Piping
Schedule 40 steel inlet and discharge piping . Pressure rated 300 psig per
ASTM A- 135 .
304 SS small diameter oxygen supply piping - ANSI 150# NPT, cleaned per
CGA G-4 . 1 .
• 4-inch inlet pipe
• 3-inch discharge pipe
• 3/4-inch oxygen supply pipe
Packaging, Testing
The above equipment packaged to include piping , electrical wiring,
conduit, paint, and other miscellaneous materials requiring only minor
field assembly and terminations .
7