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HomeMy WebLinkAbout209-04 RESOLUTION• • RESOLUTION NO. 209-04 A RESOLUTION TO APPROVE AN AGREEMENT WITH ANDRITZ, INC. TO LOCK IN PRICING OF $672,15.7 00- FOR THREE BELT FILTER PRESSES BY PAYING A SECURITY DEPOSIT OF $33,607.85 WHEREAS, the City has negotiated with Andritz, Inc. to lock in at 2003 base pricing, the cost of three belt filter presses that will need to be purchased for the Wastewater Improvement Project in the next couple of years by paying a security deposit of S33,607.85. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves the Agreement for Belt Filter Presses for Wastewater Improvement Project (attached as Exhibit "A") with Andritz, Inc. and the payment of the $33,607.85 partly refundable sccurity deposit to Andritz, Inc. PASSED and APPROVED this 215t day of December, 2004. ATTEST: By pn..unrrn ... ,FKIT... aCje .SGp% ,•G\ZYOp•. � •A: • :F AY ETT EV ILLE .A..1 •o? °6-7,9 9k SpSst.i. AN ;ex:. 1# 1,NG oto SONDFtA SMITH, ity Clerk By: APPROVED: DA COODY, Mayor Emergency Effluent Filter Rehabi Wation Noland�Wastewater Plant Fayetteville, Arkansas AGREEMENT BELT FILTER PRESSES FOR WASTEWATER IMPROVEMENTS PROJECT NEGOTIATED PRICING AND SECURITY TERMS FAYETTEVILLE, ARKANSAS THIS AGREEMENT, made and entered into thasday of G�lt�f► 2004, by and between the City of Fayetteville, County of Washington, State of Arkansas, hereinafter called FAYETTEVILLE, and Andritz-Ruthner, Inc. a corporation doing business at 1010 Commercial Boulevard South, Arlington, Texas 76001, hereinafter called ANDRITZ, WITNESSETH THAT: WHEREAS, FAYETTEVILLE has waived competitive bidding for the procurement of belt fitter wastewater treatment equipment as the current situation is exceptional due the finding that competitive bidding is neither feasible or practical in accordance with Arkansas Purchasing Law (19-11-103); and the negotiated procurement of this equipment is permissible under the Arkansas Soil and Water Conservation Commission's Revolving Loan Fund Program; and the negotiated procurement process has secured what is deemed a reasonable and competitive proposal for the purchase of three Andritz belt filter presses (see attached letter of October 29, 2004 from Black and Veatch) as set forth in the quotations from Andritz (see attached proposals S-2736-04-80 and 5-3667-04-08 from ANDRITZ); and the negotiated procurement materials having all been approved by the City Council of Fayetteville, Arkansas; and WHEREAS, pursuant to the non-competitive solicitation and negotiation, ANDRITZ is deemed to be a reasonable, responsible, competitive and qualified provider for the belt filter wastewater treatment equipment; NOW THEREFORE, ANDRITZ agrees with FAYETTEVILLE to provide up to three belt filter presses in accordance with the quotation and negotiated procurement terms; to guarantee the prices for stipulated goods and services for the specified term; and to allow the terms and conditions of the equipment procurement to be transferred to future contractor(s) of FAYETTEVILLE; the agreement herewith provides for the following procurement terms: 1. FAYETTEVILLE will pay to ANDRITZ a security deposit in the amount of five percent (5%) of the total equipment quote of six hundred seventy two thousand one hundred fifty seventy dollars and no cents (5672,157.00), said refundable deposit to be thirty three thousand six hundred seven dollars and thirty five cents (533,607.35); 2. FAYETTEVILLE will require successful bidders of the Noland wastewater plant upgrading (Contract EP -2) and of the new west side treatment plant (Contract WP - 3) to use ANDRITZ equipment and pricing in developing pricing and completing the projects; 3. FAYETTEVILLE will require said successful bidders, as noted above, to issue purchase orders to ANDRITZ within sixty (60) calendar days of contract award for the applicable belt filter equipment and services; 4. FAYETTEVILLE agrees to complete its bidding and contracting processes for the Noland wastewater plant upgrading project (Contract EP -2) and the west side wastewater plant (Contract WP -3) and have its contractors issue purchase orders within 30 months of the date of this agreement to guarantee ANDRITZ's current pricing; 5. ANDRITZ agrees to furnish the belt filter equipment, spare parts and services stipulated in the proposal and described in Black and Veatch's specifications for the following prices: a. One belt filter press for the Noland wastewater plant upgrading project (Contract EP -2) for two hundred forty nine thousand four hundred twenty nine dollars and no cents (5249,429.00), b. Two belt filter presses for the west side wastewater treatment plant (Contract WP -3) for (5392,728.00422,728.00) Page 1 of 2 Emergency Effluent Filter Rehabilfation Noland Wastewater Plant Fayetteville, Arkansas c. Delivery for the equipment shall be in accordance with the times set forth in the quotation, 6. ANDRITZ shall refund the prorated share FAYETTEVILLE's five -percent deposit within thirty days of receiving the contractor's purchase order for said equipment; 7. ANDRITZ agrees that upon expiration of the 30 -month pricing guarantee period that it will refund two-thirds (66 and 2/3 percent) of any remaining security deposit funds to FAYETTEVILLE, retaining one-third (33 and 1/3 percent) as forfeiture by FAYETTEVILLE; And, FAYETTEVILLE agrees to pay ANDRITZ the security deposit amount within approximately thirty days of the date of execution of this agreement by both parties; It is further understood and agreed that should ANDRITZ be delayed at any time in the progress of the work by any act or neglect of the FAYETTEVILLE or of the City of Fayetteville's employees, or by any other Contractor employed by the City of Fayetteville, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond ANDRITZ's control, or by any cause which FAYETTEVILLE shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as FAYETTEVILLE may decide, Changes, modifications, or amendments in scope, price or fees to this contract shall be permissible by the mutual consent of ANDRITZ and FAYETTEVILLE. Agreement modifications shall not be allowed without a prior formal written agreement amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.C.A. 25- 19-101 et. Seq.) Only legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance." ANDRITZ shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of performance or nonperformance of the services or subject matter called for in this contract, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the City of Fayetteville and Contractor have hereto set their hands and seals, respectively. ANDRITZ if corporation, secretary should attest. End of Contract Ci of Fa evill= Ar Li sas By: Mayor .an Coo City Smith tV• A- • E. :FAYETTEVILLE: •li➢ RkANSV .64 ••, GTON " iiuuuuii"• Page 2 of 2 Andritz-Dewatering Technologies • Andritz Proposal No. S-2736-04-80 December 8, 2004 To City of Fayetteville, Arkansas Mr. Greg Boettcher, P.E. Water & Wastewater Director 113 West Mountain Fayetteville, AR 72701 For Purchase of Belt Filter Press for the Noland WWTP Expansion Project Andritz-Ruthner, Inc. Representative Chad Cooley - ETEC - (501) 978-1025 This propose! is tie mnfidenlial and oropre:ay nlorma on o' A.rorrz-Rutnner. Inc. Any party accep no 'ece.pt of Luis propose' does scan toe exore5s understanding and agreement that they will neither mpy. rer;oouce. ddaose to third parties or use rtes crcposai for any purpose other Iran :'rose expressly agree: to oy A.ndnl-Ru.hcer. Inc. in wri;iac. Such party ado agrees to noemni4 Anddz-RuSnner, lac against any lasses or damages suffered by Anc azauthner. Inc. as a result of sum party s improper reproduction. bis osure or use o1 is proposal. AtIWJTL • • BOWL ENVIRONMENT AND PROCESS TECHNOLOGIES Table of Contents L Cover Letter It Proposer's General Information Ill. Details of Proposal A. Andritz Pricing Summary B. Scope of Supply C. Scope Not Included in Andritz Price D. Additional Information E. Terms of Payment F. Commercial Conditions ''aye::e'De. AR Proposal 5273644.60 • • AN)PJTL ENVIRONMENT AND PROCESS TECHNOLOGIES December 8, 2004 City of Fayetteville, Arkansas Mr. Greg Boettcher, P.E. Water & Wastewater Director 113 West Mountain Fayetteville, AR 72701 REFERENCE: Purchase of Belt Filter Press for the Noland WWTP Expansion Project Mr. Boettcher, Andritz is happy to be the preselected belt press supplier for the upcoming expansion project at the Noland WWTP. We appreciate your business and will work diligently to maintain your satisfaction of the Andritz equipment purchased for this project. This proposal package provides details of the negotiated sales price and scope of supply regarding the preselected Andritz belt press equipment for the Noland WWTP. Should you have further questions regarding our equipment, company or this proposal please contact the local Andritz equipment representative for your area, Chad Cooley of ETEC at (501) 978-1025 or me at (817) 465-5611. Thank you, 72-•• Jamie French Regional Sales Manager Andritz-Ruthner, Inc. Cc. Chad Cooley — ETEC. Larry Chapple — Black & Veatch F.Ye::ev'l'e. AR P,000501 $.2)]6-0'-6C • AMRJTL ENVIRONMENT AND PROCESS TECHNOLOGIES GENERAL INFORMATION FOR ANDRITZ PROPOSAL #S-2736-04-80 I. Proposal being presented by: Andritz-Ruthner, Inc. 1010 Commercial Blvd. S. Arlington, TX 76001 (817)465-5611 Regular business hours are 8:00 am to 5:00 pm, Monday — Friday, Central Standard Time. Andritz-Ruthner, Inc. is an incorporated, international business, incorporated under the laws of the state of Delaware since 1978. The Andritz Ruthner, Inc. location stated above will be responsible for the work to supply the dewatering equipment being proposed in this package. The Andritz-Ruthner, Inc. Location stated above is a subsidiary of the parent company, Andritz in Graz, Austria. II. Names of Andritz contacts authorized to make representation regarding this proposal: John Madden — President Ken Dodson — National Sales Manager Jamie French — Regional Municipal Sales Manager Mike Teeter — Project Manager Pape a d9 • • BOWL ENVIRONMENT AND PROCESS TECHNOLOGIES Andritz Proposal Package #S-2736-04-80 For City of Fayetteville, Arkansas Purchase of Belt Filter Press for the Noland WWTP Expansion Project December 8, 2004 A. Equipment Pricing: Supply of One (1) 2.0 -meter, SMX-S8, Low Profile Belt Filter Press meeting requirements of Black & Veatch equipment specification sections: • 11340 - BELT FILTER PRESS EQUIPMENT • 11340A - BELT FILTER PESS AUXILIARY EQUIPMENT CONTROL • 13530 - PROGRAMMABLE LOGIC CONTROLLERS • 16220 - GENERAL PURPOSE INDUCTION MOTORS • 01330 - SUBMITTAL PROCEDURES • 01600 - EQUIPMENT AND MATERIAL • 01610 - GENERAL EQUIPMENT REQUIREMENTS • 01650 - START-UP REQUIREMENTS • 01750 - MANUFACTURER'S FIELD SERVICES • 01785 - WARRANTIES. Final Sales Price: $249,429.00 Note: The above pricing includes Modicon brand PLC & OIT control components. Should Allen Bradley brand components be selected by the City of Fayetteville a $7,200.00 credit / discount to the above pricing will be applied by Andritz Contract Commitment Statement: Andritz agrees to enter into a supply contract with the awarded construction / installing contractor to provide the scope of supply established in this proposal providing all terms and conditions within this proposal document are applicable. B. Scope of Supply Included in Andritz Price: Page 5 of 9 • • AMRJTL ENVIRONMENT AND PROCESS TECHNOLOGIES ITEM # QTY DESCRIPTION One Andritz CPF 2.Om, SMX®-S8, Low Profile Belt Filter Press. The press comes with a torsion proof, HDG, carbon Steel frame, and all wetted parts 316L stainless steel. The Andritz belt filter press unit will include the following: • Sealed, splash proof, split case, pillow block bearings • One (1) set of seamed dewatering fabrics • Buna N rubber and Rilsan covered rolls • Upper & lower stainless steel showers with internal brush and hand wheel for cleaning • Upper & lower fully automatic dewatering fabric tracking and tensioning device • Venturi Mixer for polymer and sludge mixing • Eurodrive reducer complete with motor mounting bracket, high speed coupling, and guards with motor and VFD • Wiring of emergency stop and belt runoff limit switches • Gravity zone plows with HDG assembly and fixtures • Nema 4X 316L stainless steel electric/pneumatic control panel with PLC automation 316L SS assemblies included Venturi Mixer - Distribution assembly - Gravity zone sidewalls - Belt support framework in gravity and wedge sections - Thrust rod guides - Upper and lower shower boxes - Filtrate pans - All nuts, bolts, and associated hardware - Perforated Rolls Lot Items for existing Andritz belt filter press as identified in Black & Veatch specification 11340 — Belt filter Press Equipment: Lot Engineering and Documentation: • Arrangement drawings and dimensions for the Andritz scope • Foundation drawings showing details needed for building work • Motor list • Written sequence of operation including all interlocks • Control panel layout • Controls schematics • Terminal box details • Operation/Maintenance/Parts manuals A. The following items are furnished as part of this proposal: o Wash water booster pump >.p. 6 019 • • £MRJTL ENVIRONMENT AND PROCESS TECHNOLOGIES o Air compressor with dryer and control panel (as specified) o Freight to job site o Warranties o Spare parts (as specified) o Programming manual for programming supplied B. The following number of days & trips are furnished as part of this proposal in lieu of the trips and days listed in the Black & Veatch specifications: o Up to 10 days & 2 trips of manufacturers fields services to perform installation inspection, operational & performance testing and customer training. o 1 trip & 2 days of on site programming / controls integration assistance C. Scope Not Included in Andritz Price: (To be provided by others or Andritz at an additional cost) • Access platforms (Andritz will provide recommend heights and locations if required) • Sludge feed pumps ▪ Cake discharge conveyors and/or pumps ▪ Flow meters and related field instruments • Static calculations of foundations, building and building plans (Andritz will furnish load data) ▪ All utilities required for operation and erection ▪ Local pressure gauges and other instruments not specified in our scope of supply ▪ Polymer dilution / feed systems • Chemicals for sludge conditioning ▪ Offloading and unpacking at destination site • Field wiring and piping including terminations ▪ Equipment installation D. Additional Information: Page 7 0' 9 • r NORM ENVIRONMENT AND PROCESS TECHNOLOGIES • Machines are shipped fully assembled. • Equipment other than specified under Scope of Supply is not included. • Andritz is responsible for the supply of equipment being proposed within this package. No subcontractors • Andritz can meet the following delivery schedule: Submittals = Within 25 to 30 business days from receipt of acceptable P.O. Equipment = Within 150 to 180 calendar days from receipt of approved submittals. E. Terms of Payment: At time of equipment order At time of equipment delivery At time of final acceptance F. Commercial Conditions: 15% 75% 10% This price proposal is based on the attached Andritz-Ruthner, Inc. "Standard Terms and Conditions of Sale". Agreement to these terms & conditions is a requirement of our doing business. The quoted price does not include any local, state or federal taxes, permits or other fees. Any taxes or fees that may apply must be added to the quoted price and paid by the buyer. Page 8d9 • • NORM ENVIRONMENT AND PROCESS TECHNOLOGIES ANDRITZ-RUTHNER, INC. STANDARD TERMS AND CONDITIONS OF SALE 1 TERNS APPLICABLE The In ac Candia, of Sale eta bebw n the valve tens and me los apacaae to B. PATENTS ducat=s mace ad oexns accepted by Andnrz Ruame. Inc (*Sari for the saes a what. Unless the Products a any pan Owed a deigned to Buyer's spedScejprs arc provided me epuanent at pans rating thereto ('Product"). Ttis octal= or aekfowedgmeh4 and a¢epav:e Paint er any pal areas not used in any mauler at mai as speared a xproved oy Set n a exactly made °ador l upon Buyer's assent to such le=a aro cot tons. My a Buyers 'mtg. (i) Seller shall defend aganst any sun a aoceedr.g aot'gml agamt Buyer b he extent terra a t cacao= w11.dn are n adhbn to or different from those contained he n. whoa are no: based c:+ a dam that any ?xic a a^.y oan thereof. in:nges ay heed Saes pant. provided sepaae!y agreed to by Seller in wnl:ng. art hereby ope•'ed bard sal be a ro erect Oojeaas Serer is noted pronp y in rang and given many. in!gra:d: and asss:ace b the drone a to any erns and morns maned heron shall be came waved d Selby Does not receive tach sut a adceeding. (ii) Suer she satisfy any tag mem fa damages entered aganst Buyer in widen no: a thereof when 20 prays a the era of :Ns a kentedgnef Buyer n any eved fid he sad") sol ex (n) d such Judgment enmam Buyer learn psng any Prodxt a a pan Vern', pen deemed '0 have assented to the tert and cad.ha.S c=aned herr if Buyera cera mares any Site shall ars op: en (al paan'a Bayer the rghl to c=ane Lvn9 sun axuct a pat (b) payment b Siler a accepts any Oelwny of the Product The Ice: 'Ano Ag eemenr as used herrn em nae the n!: recant by rep ap .v 0. moddpng ala pal of he :Hart or (c) take ark no" meals to cuotaton a xknoWeds'enl together wth ry attachment .'!feta. any &anent ProdJd a art and rand to Boyer all payments on pre p.r:hase ace a tci Serer nes received. in expressly - r.- A:dee by re.MrCe ad mese Stan Tena and Candoons o: Sae who case re then Buyer not Seta' w'II have any dam aganst Inc other under pts Agreement a 2 DELNERY bang out 0l the ay= mala o: Pas Agreement The lacgang stases Seas enlue Salary b (a)Debvery earn we good faith estates and x not mean that 'time is of Le essence Buyers pain infringement by any Prod=a pal thereof. Lan b'canary maid aovace a Lien payment. supply karat nbnnaton drangs a 9. CANCELLATION atone A resat in a =mantra saaa de'ay in dairy tans oJerwsse agreed in rang by Buyer may only cancel its oder Lyon wart retie to Seen a van payment to Set of Sellers Seer. bile at nsk 01 loss a dma1e to Ole Products shag pass to Buyer upon de5very a pre ca:edatOn crates. whd.'l shah be specdgd to Burr and shall lar alb noun; among Open things Products F 0.8.. Seders °tad (F.0.B . odea of mau!.acare b: any Prod= shooed dal to expenses (deed r'd indeed) incurred and canmbrcnt areaiy made oy Serer and r apaoawa Baro from any Caw Wier than Seeers drat). goof In me event of the baaa^aq-y a insolvency of Buyer a in a events wry baktpcya (b)Seler shat a be hope b any cab a dray due b act o. governmental eulMry. laws a insohercy oxeedng aught by or ages: Buyer. Set slat De entitled to excel ary order reg•sla rs. sakes. fires. Opals. earthquakes. seen weaker rad res. oar: ne resa tons. afs:rdrg a any ••me dart the penal abwed b f!vg dams agent the estate and she receive war. not Art of Buyer. wrecks. drays in L•anspa;a'Al. irablay b ocean necessary .abor a rerttj!Se enl for is crxtalXn charges. harms from nue soirees. or oder cases beyond he reasonte anted of Saler In the 10 CHANGES evet of any sun delay n performance due to sera arses the an of deavery a pv ,nra a Seer Me rot make changes in the Product u4ess Buyer a t Set have executed a ran shad be deferred bra pad mane he bile bat 0y he reason a the delay. Gage Order for non crage Such Change Orem wi1 Lauda r arcade pce dada if 3 WARRANTY the change apart Sellers ally to sa siy amy of is agate to Buyer. the Gage Oar wi (a) See wn43 C Buyer tar he Prp?JL's al be dekvned free from defers in maedi ad 'c a apaoonate addaxes to fits Agreement If a4/ cedar of as madam a warrant*. Pei area she antennae upon de5very of the Product and slam expire on aknowedgpent new or:emed gprornental rednte:rens shad recur a change in the de Cabe to occur a r2 monde ham urba opa'Ye' of the Pmaucs pre 1 rmnas an ?r udts. recharge wl0 be s•ubecct b as entrap 10. tithe, thereof (the 'Wra:y Penal. if done be Wray Pend Buyer dapovrs a detect in 11. CONFIDENTIALITY mama ce wctbnaaap and gives Seib wmmen nape thereof war 10 days a son OSeove'y. Buyer ackrewedges as the inbrrtln whin Sete suants to Buyer in con/when wan Pts Serer wf. a 7s oast ether dekver to Buyer a redaceae+t pal or repar the °act in pax =Nabn or pre maNrJgment =Codes Seat cadets ad monetary P!amaot palm et a Sher al have ro wawry °acaaom unce na paag:a0' 31a). (i) if Buyer .as to =sire that tetanal aro comrert;a name. Buyer agrees not b idose sLch nbmao b Ova pates the Rotes a corded and r anhaneC in Laadaee WO gnraIy approved industry maul Sets as wan consent Buyer litho agrees rot to per=t any aro parry to Iabriate prec ce ae war Seecrs specific written Inv/loan. 01 d the Prodxs are :sed in xrnectgh Inc Pn curs or any part Veeof hat Seers draw nos Barye• MI defec and ixemmiry Set frau wJ: any mate or sastaxe a opraang --rear other Van as or wh-h they were any cam. su..ahabarty based = persona r\vry(ntu011 deah) cr p•Operry Carnage related So dapped: () 4 Buyer Ials b give Sena such vn°en 10 day mace. (w) 2 Inc Rant are cry Prod•.IC or pa Cued wax s fabricated by sand party wharf Seers mor wtten warn") repand ay sarcane =ler act Sat a have Oren n:e::onah a axdrady damaged. or (v) ad horn and agarol related post. charges and esonses (nano a'bmeys fees). Al coeps of =erosion trace apiary wear at tor co in :esxd of any pas w:ich by Ver nature we Seeers drawings shah rernan Seers property and may be reca:mee by Serer a ay fire awned so severe weal and lea alae cantered egeroade 12. END USER awned (b) Seder futher area b Buya Max a deanery. the ProoxYs floe free o: am ham or If Buyer is not the end user of the ProdLcs sold hereunder (the "End Use/. men BulerwO use Cs eldrsaaces 11 there are my such kens a enarmaaces. Seer will cause hem b te bested=s so obtain the End User's lean cansnl b be and to Seer by me prows:as a d:scnmted parody ate rolNxgn from Bvyr of Oen ens ence. paagans 3.4. 5. and 11 hereof If Buys goes not obtain such End Users porsen• Buy' shad (c) THE EXPRESS WARRANTIES SELLER MAKES IN TMS PARAGRAPH 3 ARE THE ONLY deerd and ndeinifySerer and Seth's agents. employees. SLtalIralors. and scars from any WARRANTIES IT WILL MAKE THERE ARE NO OTHER WARRANTIES. WHETHER ah=.Iay. cost lossa expense kr w/tcnSena wade not haveleen babe a•from with Sher STATUTORY. ORAL. EXPRESS OR IMPLIED. IN PARTICULAR THERE ARE NO IMP.IED would lave as indema `.ec e Buyv hoc obtained such End User's corset WARRANTIES OF MERCHANTABIUTY OR FITNESS FOR A PART'CULAR aURaCSE 13 GENERAL (d) The remedies added 'n Paragrwts 3(a) rd 3(b) we Buye s exdusrve ra=rely te brer1 01 a) Sets reinserts that any Pmdtts a pas there& mru:aArrec by Sett wit be p'o and in *maty. oamaace with all arena* Federal state and Acca Ian apical, b Ler maManae and n 4. UkfTATION CF LIABILITY arcane with Sere's ergeeenng standards. Seed slat not be Katie for sure a he The areas & buyer se: fab herr") at exclusive ad the ageregae lapihy of seder b Si cams Proles b aria with any other speuFdams. statads. laws a regdabn. dal kind b art lass or damage resu:re knee rsn9 al as connected soleus agfereIa (b) The Agreement shal one cy to he benefit a Buyer ad Seem and their respedne sue ssoes from be perlanlace a beach thereat co hen, me manufacture. sale. denary. resale. repair a use and assort My aspen:rent of ha Agreement d: any 01 to n9ha or agleam hereunder. by day coat Seal in ro even exceed the ace aexade b the prod= finch gave me b the eider pry without the man cot sem of to Other Pall at te Kt - dams The foregoing rdM.•tsading. 4 rp cabe. wry dans for (a) cagy shall no exceed 10% (c) This Agreement dala.s'e enure ad eny awned began the ones with respect to Inc ad (p) areah of Defprmanee guarantees sha not exceed 20% of Inc ode In no event sera she subec matte here& and st'perseues ell peer ora and warm utersladrgs Dfl. . Buyer be Lade to aryl or any party fa speak ncdenia a consomme' dames dam roue. ad Sees corce'ang tle Prooets. and any pat Parse o' dean9s a nage of he bade no: oaring out no. IL...ed m. loss a profit a 'evemue a Doses oxenay. loss by reason of inxcpc:aed r eLi Sa llowm aLa nes a nabLy to overact any faby at fur capacity. or cost of Waning (d) 1 Agree'e1: (nclAng these salad bra ac caritas d sae) may be refiled. replaenen; pave/. The Im:at es ad exdusgns of !fatty set bin laths paa9'ap. Sha appy to suoperenled or warded only 0y a waling sg'ec by al bloomed reaesen:ave of Seat any clam, lathe baste On canna wanxy. tart (undone regsge ce). fault sacs hapiry. Sete's waxy of ay beach by Buys of ay lens of on Agreement mast also ben wman9 ad indemnity, a °noose NI hab3.y of Seder et Buyer. among out d do Agreement she Orate a ay waver by Seer or fare by Seale to eta any flames tm s ad conddvns Of Pis Inc expuabon a 3 yeas ale/ aha axep:ace The provisoes of Pts paragraph 4 shal supersede Agreement a any „rive. shag no: erect lural or wave Seed's :eh: thereat to nape ab ry nporaistect prb ns's in any u arnem: farming pat dos y ..,nl corded sold connate wih even term at cotta: Lined. 5. TAXES (e) This Agreurcnl ad Inc pedonnace thereat wig be governed by a Donned aaciJ,g b M Sees ace do n inthde any saes. use. ease a other taxes In aloha to to Vie atoned lava a the State d Texas. The paries hereto menta* sant to he jumdCon of he Federal hertn, the a=unt of any present a future saes. use. ext+se a Wer an wan* b the sae a ad SOO counts sag in Tart Conry. Texas and wive any dams as 10 inxMC.mbnl forum use of the Products shag be pilled bad pad by Buyer unless Buyer provides to See a at :m the event the Agana mans b the sae & any goods aside pre rated Salta. the pates exemain cerade at eat* b the reevanl taxing a Warnes. ag•ee that Inc United Naos Davao*. for he hIntona Sae of Goods steal not eptly b Ins 6 SECURITYIN'IEREST Agreement See: saran a er=ase nmaey seanty interest in the Proasts until all payme..t have peen &2003 mate in full. Buyer yrees to do a as necessary to pedecI and mantan such secanty Mees' n Seller ad t0 acted Seers nterest N he Prxust 7. SETOFF Neper Buyer err any of is Ones shat tare any fight to Se a dans agansl Seeer a any pr's ar5aes b want owed under this Agreement or °thane Peer 9 a9 Andrits Dewatering Technologies • .91 Andritz Proposal No. S-3667-04-80 December 3, 2004 To City of Fayetteville, Arkansas Mr. Greg Boettcher, P.E. Water & Wastewater Director 113 West Mountain Fayetteville, AR 72701 For Purchase of Belt Filter Presses for the West Side WWTP Expansion Project Andritz•Ruthner, Inc. Representative Chad Cooley - ETEC - (501) 978-1025 This proposals the confidential and proprietary intonation of Ananlz.Rutner, Inc. Any party accepting reoeiot of this proposal does so on the express understanding and agreement that they will neither copy, reproduce, ds;bse to third parties or use Mrs proposal for any purpose corer than ;nose expressly ac reed to by Andrtzau:hner. Inc. in wntuy. Such par!y also agrees to indemndy Andn2-Rutnner, Inc. agai.st any losses or damages suffered by Ancnz-Rtdhner. Inc. as a resuF, of such party's improper reproduction, disclosure or use of lh5 proposal. AMRJTL • • AWJPJTL ENVIRONMENT AND PROCESS TECHNOLOGIES Table of Contents I. Cover Letter II. Proposer's General Information Ill. Details of Proposal A. Andritz Pricing Summary B. Scope of Supply C. Scope Not Included in Andritz Price D. Additional Information E. Terms of Payment F. Commercial Conditions Feye:lev.e. AR Proposal S166744410 • • MORJTL ENVIRONMENT AND PROCESS TECHNOLOGIES December 3, 2004 City of Fayetteville, Arkansas Mr. Greg Boettcher, P.E. Water & Wastewater Director 113 West Mountain Fayetteville, AR 72701 REFERENCE: Purchase of Belt Filter Press for the West Side WWTP Expansion Project Mr. Boettcher, Andritz is happy to be the preselected belt press supplier for the upcoming expansion project at the West Side WWTP. We appreciate your business and will work diligently to maintain your satisfaction of the Andritz equipment purchased for this project. This proposal package provides details of the negotiated sales price and scope of supply regarding the preselected Andritz belt press equipment for the West Side WWTP. Should you have further questions regarding our equipment, company or this proposal please contact the local Andritz equipment representative for your area, Chad Cooley of ETEC at (501) 978-1025 or me at (817) 465-5611. Thank you, Jamie French Regional Sales Manager Andritz-Ruthner, Inc. Cc. Chad Cooley - ETEC. Lane Crider - MW&Y. Larry Chapple - B&V aye:iev,ue. AR Proposal S -3667.O4.80 • • ANNUM ENVIRONMENT AND PROCESS TECHNOLOGIES GENERAL INFORMATION FOR ANDRITZ PROPOSAL #S-3667-04-80 I. Proposal being presented by: Andritz-Ruthner, Inc. 1010 Commercial Blvd. S. Arlington, TX 76001 (817)465-5611 Regular business hours are 8:00 am to 5:00 pm, Monday — Friday, Central Standard Time. Andritz-Ruthner, Inc. is an incorporated, international business, incorporated under the laws of the state of Delaware since 1978. The Andritz Ruthner, Inc. location stated above will be responsible for the work to supply the centrifuge dewatering equipment being proposed in this package. The Andritz-Ruthner, Inc. Location stated above is a subsidiary of the parent company, Andritz in Graz, Austria. II. Names of Andritz contacts authorized to make representation regarding this proposal: John Madden — President Ken Dodson — National Sales Manager Jamie French — Regional Municipal Sales Manager Mike Teeter — Project Manager Page 4 o' 9 • • NORM ENVIRONMENT AND PROCESS TECHNOLOGIES Andritz Proposal Package #S-3667-04-80 For City of Fayetteville, Arkansas Purchase of Belt Filter Presses for the West Side WWTP Expansion Project December 3, 2004 A. Equipment Pricing: Supply of Two (2) 2.0 -meter, SMX-S8, Low Profile Belt Filter Press meeting requirements of McGoodwin Williams & Yates equipment specification sections 11340 — BELT FILTER PRESS EQUIPMENT, 11340A — BELT FILTER PESS AUXILIARY EQUIPMENT CONTROL. Final Sales Price: $422,728.00 Note: Certain items regarding the scope of supply required by the above referenced specification sections have been changed by the City of Fayetteville to provide this equipment supply tightly tailored to the specific need. The following scope of supply reflects these changes. The above pricing includes Modicon brand PLC & OIT control components. Should Allen Bradley brand components be preferred and supplied a $7,200.00 credit / discount to the above pricing will be applied by Andritz. Contract Commitment Statement: Andritz agrees to enter into a supply contract with the awarded construction / installing contractor to provide the scope of supply established in this proposal providing all terms and conditions within this proposal document are applicable. Page 5 of 9 • • ANWJTL ENVIRONMENT AND PROCESS TECHNOLOGIES B Scope of Supply Included in Andritz Price: ITEM # QTY DESCRIPTION Two Andritz CPF 2.0m, SMXR-S8, Low Profile Belt Filter Press comes with a torsion proof, HDG, carbon Steel frame, and all wetted parts 316L stainless steel. The Andritz belt filter press unit will include the following: Lot • Sealed, splash proof, split case, pillow block bearings • One (1) set of seamed dewatering fabrics • Buna N rubber and Rilsan covered rolls • Upper & lower stainless steel showers with internal brush and hand wheel for cleaning • Upper & lower fully automatic dewatering fabric tracking and tensioning device • Venturi Mixer for polymer and sludge mixing • Eurodrive reducer complete with motor mounting bracket, high speed coupling, and guards with motor and VFD • Wiring of emergency stop and belt runoff limit switches • Gravity zone plows with HDG assembly and fixtures • Nema 4X 316L stainless steel electric/pneumatic control panel with PLC automation 316L SS assemblies included Venturi Mixer Distribution assembly Gravity zone sidewalls Belt support framework in gravity and wedge sections Thrust rod guides Upper and lower shower boxes Filtrate pans All nuts, bolts, and associated hardware Perforated Rolls Engineering and Documentation: • Arrangement drawings and dimensions for the Andritz scope • Foundation drawings showing details needed for building work • Motor list • Written sequence of operation including all interlocks • Control panel layout • Controls schematics • Terminal box details • Operation/Maintenance/Parts manuals • 1 trip & 2 days of on site programming / controls integration assistance The following items are furnished as part of this proposal: Page 6 o'9 • • NORM ENVIRONMENT AND PROCESS TECHNOLOGIES • Manufacturers fields services for installation inspection, operational & performance testing and customer training. (10 days & 2 trips) • Air compressor with dryer and control panel (as specified) • Freight to job site • Warranties • Programming manual for As built PLC programming C. Scope Not Included in Andritz Price: (To be provided by others or Andritz at an additional cost) ▪ Access platforms (Andritz will provide recommend heights and locations if required) ▪ Sludge feed pumps ▪ Wash water booster pumps ▪ Cake discharge conveyors and/or pumps ▪ Flow meters and related field instruments ▪ Static calculations of foundations, building and building plans (Andritz will fumish load data) • All utilities required for operation and erection • Local pressure gauges and other instruments not specified in our scope of supply • Polymer dilution / feed systems • Chemicals for sludge conditioning ▪ Offloading and unpacking at destination site • Field wiring and piping including terminations ▪ Spare parts • Equipment installation D. Additional Information: • Machines are shipped fully assembled. • Equipment other than specified under Scope of Supply is not included. • Andritz is responsible for the supply of equipment being proposed within this package. No subcontractors • Andritz can meet the following delivery schedule: Submittals = Within 25 to 30 business days from receipt of acceptable P.O. Equipment = Within 150 to 180 calendar days from receipt of approved submittals. E Terms of Payment: Pegs 7c19 • • AMRJTL ENVIRONMENT AND PROCESS TECHNOLOGIES At time of equipment order - 15% At time of equipment delivery - 75% At time of final acceptance - 10% F. Commercial Conditions: This price proposal is based on the attached Andritz-Ruthner, Inc. "Standard Terms and Conditions of Sale". Agreement to these terms & conditions is a requirement of our doing business. The quoted price does not include any local, state or federal taxes, permits or other fees. Any taxes or fees that may apply must be added to the quoted price and paid by the buyer. Page 8 019