HomeMy WebLinkAbout04/20/2004, C6 - WRF DAFT REPAIR, SPECIFICATION NO. 90461 counck
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CITY OF SAN LUIS OBISPO
FROM: Michael McCluskey,Public Works Directo
Prepared By: Michael J.McGuire,Assistant Engineer Yy}A"
SUBJECT: WRF DAFT REPAIR,SPECIFICATION NO.90461
CAO RECOMMENDATIONS
1. Authorize the sole-source purchase of replacement equipment and parts for the Dissolved Air
Flotation Thickener(DAFT)Tank at the Water Reclamation Facility(WRF)'from WesTech
Engineering,Inc., in the amount of$113,005..
2. Approve transfer of$125,000 from the Major Equipment Maintenance Account to the project
account for$113,005 equipment purchase plus$11,995 equipment contingency.
DISCUSSION
The DAFT tank is a critical component in the treatment of wastewater for the City of San Luis
Obispo. Over the years, the DAFT tank has deteriorated from normal use and been damaged by
corrosion from the chemicals and gases associated with the wastewater process, and is currently in
need of repair and replacement of equipment. The work involves the removal; replacement,
installation, repair, cleaning and coating of major components of the tank and its supporting
equipment.
The purchase of the DAFT tank equipment was originally part of the scope of work for the
replacement and repair of the entire tank apparatus. However, this project must be constructed in
the summer months, when Cal Poly attendance is reduced and wastewater flows to the WRF are at
their seasonal low. Most of the equipment necessary for the replacement has a length of fabrication
time such that if the contractor awarded the repair work were to order it at the start of award of
contract, the equipment would not be available until the Fall,when wastewater flows would prohibit
taking the DAFT tank off-line for the repair work. With the City purchasing the replacement
equipment in advance, the contractor awarded the project will have the equipment available for
installation within the low-flow period.
Staff requests a sole-source purchase of this equipment from WesTech Engineering as they were the .
original manufacturer of the existing components. Staff feels that WesTech is uniquely qualified as
all replacement equipment can be fabricated with the original designs by the original manufacturer.
Any other manufacturer would be required to generate fabrication drawings,which would delay the
equipment delivery time. Also, the prices for steel are currently experiencing extreme fluctuations
and are increasing on a daily basis. Unless there is an industry-wide substantial increase in steel
prices, WesTech has indicated that they will honor this latest pricing, even though it extends past
their 15 day price guarantee.
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Water Reclamation Facility DAFT Repair
Page 2 of 2
CONCURRENCES
The purchase has received approval from the WRF Supervisor and the Utilities Department.
FISCAL IWACT
This Capital Improvement Project was part of the 2001-03 Financial Plan (see pages 140-141 of
Appendix B to the Financial Plan). Funds to support this project will come from the Major
Equipment Maintenance Account, which has approximately $1,032,900 available for use and after
this transfer will have$907,900 remaining.
Equipment Purchase $113,005
10% Contingency 11,995
TOTAL $125,000
A contingency amount is included to cover potential cost increases for steel due to the current
volatile market and for any other equipment discovered to be in need of replacement or repair.
ALTERNATIVES
Defer or delay the purchase. This is not recommended, as to do so would certainly delay the
replacement and repair of the DAFT tank equipment until the summer of 2005. The purchase of the
equipment at a later date would most likely be more expensive. Also, delay of repair work on the
DAFT tank will prolong the substandard efficiency of the tank and at worst, could fail, resulting in
penalties from failing to meet state and federal water quality standards and enormous costs for
emergency repairs.
Purchase from another manufacturer. This also is not recommended since the new manufacturer
would require time to research and design the equipment, resulting in delays that would prevent the
repairs from being implemented this summer. With the fluctuating costs of steel, another
manufacturer would not be able to offer the equipment at a significant cost savings,if any at all.
ATTACHMENTS
1. Cost Proposal from WesTech Engineering,dated March 24, 2004.
I:H-Council Agenda Reports/1004 agenda reports/Engineering and Maintenance Services(Walter)/Capital Projects Design(Lynch)tShortcut to 90461-
CAR-EQUIP
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Attachment 1
WESTEC H AN EMPLOYEE OWNED COMPANY
PROPOSAL FOR:
SAN LUIS OBISPO WWTP
EQUIPMENT:
DISSOLVED AIR FLOTATION THICKENER
RETROFIT COMPONENTS
REPRESENTED BY:
JBI WATER & WASTEWATER EQUIPMENT
26602 ESTANCIERO DRIVE
MISSION VIEJO, CA 92691
CONTACT: TARN VICTOR
PHONE:(949) 859-2333
FAX: (949) 859-2882
FURNISHED BY:
WesTech ENGINEERING, INC.
SALT LAKE CITY, UTAH
CONTACT: TYSON GOLLAHER / CATA_RINA GARCIA
PHONE: (801) 265-1000
WesTech PROPOSAL NUMBER 026739
March 24, 2004
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WESTECH ENGINEERING, INC. 3625 SOUTH WEST TEMPLE, SALT LAKE CITY, UTAH 84115
Ccs 3
PROJECT: SAN LUIS OBISPO WWTP
WE SVEC H PROPOSAL: 026739
DATE: March 24, 2004
REFERENCE SPECIFICATION ITEMS 1-4
ITEM: "A" - Dissolved Air Flotation Thickener Replacement Components
WesTech Equipment Model No. DAFS6
DAF UNIT REFURBISHMENT SUPPLIED WITH THE FOLLOWING COMPONENTS:
1. DRIVE UNIT
Cage Drive Unit: A cage drive unit continuous rated for 21,900 ft.-Ibs. of
torque. Complete drive unit is factory assembled and tested prior to
shipment.
Main Gear and Bearing: The cage drive consists of'a 60"diameter hardened
forged alloy steel gear which is an integral part of a large diameter precision
ball bearing. Chrome alloy balls bear vertically and horizontally on full
contour alloy steel races hardened to a minimum Rockwell C58. Balls and
races are grease lubricated and protected by suitable seals to prevent
contamination from external sources. The mechanism's large diameter
bearing assures stability and is able to withstand an overturning load of
1,400,000 ft-lbs.
Cage Adapter: Fabricated from steel plate and bolted to the main
gear/bearing and cage with bolts sized to accommodate the design torque
of the drive.
Main Gear Pinion: Hardened forged alloy steel pinion. All gear teeth are a
minimum AGMA 5 quality and hardened to a minimum 250 BHN. The pinion
is supported vertically and radially by top and bottom lubricated bearings
sized to handle all separating and operating tooth loads of the gear set.
Main Gear-Pinion Assembly: Enclosed in a welded steel weatherproof
housing provided with adequate seals to protect the enclosed assembly.
The main gear and pinion shall be grease lubricated with grease zurks
accessible from the walkway. The housing is secured to the top flange of the
center column with bolts sized to accommodate the design torque of the
drive.
Input Speed Reducer: A cycloidal disc type speed reducer, directly
connected to a 1 HP, 1750 RPM TEFC C-face 230/460 volt, 60 hz, 3 phase
motor, is mounted on a bearing plate that transmits the torque, and through
the torque arm, actuates the drive torque control.
The main high carbon chromium bearing steel ring gear of the cycloidal drive
is fixed to the drive casing. An eccentric bearing on the high speed shaft
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PROJECT: SAN LUIS OBISPO WWTP
wE SIEC H PROPOSAL: 026739
DATE: March 24, 2004
rolls cycloidal discs of the same material around the internal circumference
of the main ring gear. The teeth of the cycloidal discs engage successively
with pins in the fixed ring gear, which in turn transmit the movement to the
low speed output shaft. Radial and thrust bearings provide for all mecha-
nism loads.
Torkmatic Drive Control: The drive torque control is actuated by the torque
bearing plate as it rotates and exerts its force against a calibrated compres-
sion spring. Spring deflection is transmitted to the drive torque control
through a lever and adjustable cam type limit switch actuators. The lever is
also a pointer which indicates relative torque load on a scale graduated from
0 to 100 percent.
Two limit switches are factory adjusted to sound an alarm and stop the drive
motor at predetermined torque settings. All cams and switches are mounted
in a weatherproof enclosure. Switches are rated for 10 amps at 125 volts.
2. A self-supporting WesTech skimmer assembly comprised of a total of eight (8)
304SS skimmer assembly arms to replace the existing skimmer assembly (with
peripheral roller bearings).
3. A PVC submerged launder(with 304SS supports;anchors,and assembly fasteners)
redesigned with additional outlet holes for optimal system flow. Although the
existing overflow launder and odor control ductwork will remain,the support system
will be replaced with 304SS supports, anchors, and assembly fasteners.
4. One (1) WesTech back pressure release valve system comprising of two back
pressure release valves with vertical offset from one another to allow for a larger
diameter handwheel with gear actuator. The new back pressure release valves will
include a disk that directs pressurized flow upwards ratherthan downward inside the
center column.
Clarifications/Comments:
Installation and refurbishment work by others.
All carbon steel items will be blasted and painted with a Tnemec two-coat epoxy paint
system.
Note that WesTech proposes to replace the overflow launder system supports,but that the
overflow launder pipe be reused.
FIELD SERVICE:To include two (2) trips and two (2) days for installation supervision and
startup assistance.
PROJECT: SAN LUIS OBISPO WWTP
WE STEC M PROPOSAL: 026739
DATE: March 24, 2004
Shipment/Extended Storage: Major steel components will be shipped as soon as
fabricated, often before drive; motors, and other manufactured parts.. Extended storage
instructions will be part of the information provided, and if equipment installation and start=
up are delayed more than 30 days, the provisions of these instructions must be followed
to keep WARRANTY in force.
NOTE: ANY ITEM NOT LISTED ABOVE TO BE FURNISHED BY OTHERS.
ITEMS NOT BY WESTECH: Electrical wiring, conduit or electrical equipment, piping,
valves, or fittings, lubricating oil or grease, shop or field painting, field welding, erection,
performance testing, unloading, storage, concrete work, field service, (except as
specifically noted).
These proposal sections have been reviewed for accuracy and are approved for issue:
By: `I (x� �'ia� h Date: March 24, 2004
PROJECT: SAN LUIS OBISPO WWTP
WE SYEC M PROPOSAL: 026739
DATE: March 24, 2004
PRICING
Unless otherwise indicated, prices listed below are for equipment only. Due to current
fluctuation in steel and stainless steel pricing, prices are for a period not to exceed 15
days from date of proposal.
ITEM EQUIPMENT PRICE (U.S. $)
"A" DAF Components (Spec items 1 - 4) $ 113.005
Terms:Terms are net 30 days from shipment. Retentions are not allowed.. Pricing does
not include any extra money for retentions. If retentions are required by customer
purchase order or contract, please contact WesTech and adjustments to pricing-for the
time value of money will be negotiated.
O&M Manuals:Operation and maintenance manuals where applicable are included in the
above equipment price. Manuals will be provided before the equipment ships. Withholding
of payment for approval of manuals is acceptable, but shall not exceed $750.00 or as
mutually agreed to in any resulting purchase order.
Sales Tax: No sales taxes, use taxes, or duties have been included in our pricing.
Frei ht: Prices quoted are F.O.B.shipping pointwith freight allowed to a readily accessible
location nearest to jobsite. All claims for damage or loss in shipment shall be initiated by
purchaser.
Submittals: Shop drawing submittals will be made approximately 2 weeks after purchase
order is received in our office.
Shipment° Estimated shipment time is 14 to 16 Weeks after approved shop drawings are
received in our office. Shipment time will improve if requirement for submittal approval is
waived.
Field Service: Prices do not include field service unless noted in equipment description
and as broken out as a separate item. Additional field service is available at$750.00 per
day plus expenses. Withholding of payment for completion of field service is acceptable,
but shall not exceed $1,500.00.
Shipment/Extended Storage: If equipment installation and start-up are delayed more than
30 days, extended storage instructions must be requested from WesTech and the
provisions of these instructions must be followed.to keep WARRANTY in force.
Paint: If your equipment has paint included in the price, please take note of the following. Primer
paints are designed to provide only a minimal protection from the time of application (usually for
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PROJECT: SAN LUIS OBISPO WWTP
WE SPEC H PROPOSAL: 026739
DATE: March 24, 2004
a period not to exceed 30 days). Therefore, it is imperative that the finish coat be applied within
30 days of shipment on all shop primed surfaces. Without the protection of the final coatings,
primer degradation may occur after this period, which in tum may require renewed surface
preparation and coating. If it is impractical or impossible to coat primed surfaces within the
suggested time frame, WesTech strongly recommends the supply of bare metal, with surface.
preparation and coating performed in the field. All field surface preparation,field paint,touch-up,
and repair to shop painted surfaces are not by WesTech.
PROJECT: SAN LUIS OBISPO WWTP
WE STEC.H PROPOSAL: 026739
DATE: March 24, 2004
WARRANTY
Form WT 1002
WesTech equipment is backed by WesTech's reputation as a quality manufacturer,and by many years
of experience in design of reliable equipment.
Equipment manufactured and sold by WesTech Engineering, Inc. and paid for in full is backed by the
following warranty:
For the benefit of the original user, WesTech warrants all new equipment manufactured by WesTech
Engineering, Inc.to be free from defects in material and workmanship;and will replace or repair, F.O.B.
at its factories or other location designated by it, any part or parts returned to it which WesTech's
examination shall show to have failed under normal use and service by the original user within one (1)
year following initial start-up or eighteen (18) months from shipment to the purchaser,whichever occurs
first. Such repair or replacement shall be free of charge for all items except for those items, such as
resin, filter media and the like that are consumable and normally replaced during maintenance with
respect to which repair or replacement shall be subject to pro-rata charge based upon WesTech's
estimate of the percentage or normal service life realized from the part.WesTech's obligation under this
warranty is conditioned upon its receiving prompt notice of claimed defects which shall in no event be
later than thirty (30) days following expiration of the warranty period; and is limited to repair or
replacement as aforesaid.
THIS WARRANTY IS EXPRESSLY MADE BY WESTECH AND ACCEPTED BY PURCHASER IN LIEU
OF ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR PARTICULAR PURPOSE,WHETHER WRITTEN,ORAL,EXPRESS,IMPLIED,OR STATUTORY.
WESTECH NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT
ANY OTHER LIABILITY WITH RESPECT TO ITS EQUIPMENT. WESTECH SHALL NOT BE LIABLE
FOR NORMAL WEAR AND TEAR, NOR FOR ANY CONTINGENT, INCIDENTAL,OR CONSEQUEN-
TIAL DAMAGE OR EXPENSE DUE TO PARTIAL OR COMPLETE INOPERABILITY OF ITS
EQUIPMENT FOR ANY REASON WHATSOEVER.
This warranty shall not apply to equipment or parts thereof which have been altered or repaired outside
of a WesTech factory,or damaged by improper installation or application,or subjected to misuse,abuse,
neglect or accident.
This warranty applies only to equipment made or sold by WesTech Engineering, Inc.
WesTech Engineering, Inc. makes no warranty with respect to parts, accessories, or components
manufactured by others. The warranty which applies to such items is that offered by their respective
manufacturers.
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PROJECT: SAN LUIS OBISPO WWTP
WE STEC H PROPOSAL: 026739
DATE: March 24, 2004
Tema and Conditions appearing in any order based on this proposal which 6. APPROVAL: If approval of equipment submittals by Purchaser or
are inconsistent herewith shall not be binding on WesTech. The sale and others is required, a condition precedent to WesTech supplying any
purchase of equipment described herein shall be governed exclusively by equipment shall be such complete approval.
the foregoing proposal and the following provisions:
9. INSTALLATION SUPERVISION: Prices quoted for equipment do not
1.SPECIFICATIONS:WesTech Engineering Inc.is furnishing its standard include erection supervision. WesTech recommends and will, upon
equipmerm as outlined in the proposal and as will be covered by final request,make available,at WesTech's then current rate,an experienced
approved drawings.The equipment may not be in strict compliance with the erection supervisor to act as the Purchaser's employee and agent to
Engineers/Owners plans, specifications, or addenda as there may be supervise installation of the equipment. Purchaser shall at its sole expense
deviations. The equipment will,however,meet the general intention of the furnish all necessary laborequipment,and materials needed for installation.
mechanical specifications of these documents.
Responsibility for properoperation of equipment if not installed by WesTech
2. ITEMS INCLUDED: This proposal includes only the equipment or installed in accordance with WesTech's instruction, inspected and
specified herein and does not include erection, installation, detail shop accepted in writing by WesTech,rests entirely with Purchaser;and anywork
fabrication drawings,accessory or associated materials such as controls, performed by WesTech personnel in making adjustment or changes must
piping,etc.,unless specifically listed. be paid for at WesTech's then current per diem rates plus.living and
traveling expenses.
3. PARTIES TO CONTRACT: WesTech Engineering Inc.is not parry to
or bound by the terms of any contract between WesTech's customer and WesTech will supply the safety devices described in this proposal or shown
any other parry.WesTech's undertakings are limited to those defined in the in WesTech's drawings furnished as part of this order but excepting these,
contract between WesTech and its direct customers. WesTech shall not be required to supply or install any safety devices
whether required by law otherwise. The Purchaser hereby agrees to
4. PRICE AND DELIVERY: All selling prices quoted are subject to change indemnity and hold harmless WesTech from any claims or losses arising
without notice after 30 days from the date of this proposal unless specified due to alleged or actual insufficiency or inadequacy or the safety devices
otherwise. offered or supplied hereunder;whetherspecified by WesTech or Purchaser,
and from any damage resulting from use of the equipment supplied
Unless otherwise stated,all prices are F.O.B.WesTech or its suppliers hereunder.
shipping points.All claims for damage,delay or shortage arising from such
equipment shall be made by Purchaser directly against the carrier. When 10. ACCEPTANCE OF PRODUCTS:Products will be deemed accepted
shipments are quoted F.O.B.jobsite or other designation,Purchaser shall without any claim by purchaser unless written notice of non-acceptance is
inspect the equipment shipped, notifying WesTech of any damage or received by WesTech within 30 days of delivery if shipped F.O.B.point of
shortage within forty-eight hours ofreceipt,and failure to so notify WesTech shipment,or 48 hours of delivery if shipped F.O.B.point of destination.
shall constitute acceptance by Purchaser,relieving WesTech of any liability Such written notice shall not be considered received by WesTech unless it
for shipping damages or shortages. is accompanied by all freight bills for such shipment,with Agent's notations
as to damages,shortages and conditions of equipment,containers,and
S. PAYMENTS:All invoices are net 30 days. Delinquencies are subject seals. Non-accepted products are subject to the return policy stated below.
to a 1.5 percent service charge per month or the maximum permitted by law,
whichever is less on all past due accounts. Pro rata payments are due as 11. TAXES: Any federal, state, or local sales, use or other taxes
shipments are made. If shipments are delayed by the Purchaser,invoices applicable to this transaction,unless specifically included in the price shall
shall be sent on the date when the Company is prepared to make shipment be for Purchasers account.
and payment shall become due under standard invoicing terms. If the work
to be performed hereunder is delayed by the Purchaser,payments shall be 12. TITLE: The equipment specified herein,and any replacements or
based on the purchase price and percentage of completion. Products held substitutes therefore shall,regardless of the manner in which affixed to or
for the Purchaser shall be at the risk and expense of the Purchaser.Unless used in connection with realty,remain the sole and personal property of
specifically stated otherwise,prices quoted are for equipment only. These WesTech until the full purchase price has been paid. Purchaser agrees to
terms are independent of and not contingent upon the time and manner in do all things necessary to protect and maintain WesTech's title and interest
which the Purchaser receives payment from the owner. in and to such equipment;and upon Purchasers default,WesTech may
retain as liquidated damages any and all partial payments made and shall
6. PAYMENT TERMS: Credit is subject to acceptance by our Credit be free to enter the premises where such equipment is located and remove
Department if the financial condition of the Purchaser at any time is such as the same as its property without prejudice to any further claims on account
to give the Company,in its judgment,doubt concerning the Purchaser's of damages or loss which WesTech may suffer from any cause.
ability to pay. The Company may require full or partial payment in advance
or may suspend any fuller deliveries or continuance of the work to be 13. INSURANCE: From date of shipment until the invoice is paid in full,
performed by the Company until such payment has been received. Purchaseragrees to provide and maintain at Its expense,but for WesTech's
benefit, adequate insurance on the equipment.against any loss of any
7. ESCALATION: If shipment is,for any reason,deferred by the customer nature whatsoever.
beyond the normal shipment date,stated prices set forth herein are subject
to escalation. The escalation shall be based upon increases in labor and 14. SHIPMENTS: Any shipment or delivery dates recited represent
material and other costs to WesTech that occur in the time period between WesTech's best estimate but no liability,direct or indirect,is assumed by
quotation and shipment by WesTech,except as hereinafter set forth in WesTech for failure to ship or deliver on such dates.
subparagraph(b)below.
WesTech shall have the right to make partial shipments;and invoices
(a) The total quoted revised price is based upon changes in the indices covering the same shall be due and payable by Purchaser in accordance
published by the United States Department of Labor, Bureau of Labor with the payment terms thereof. It Purchaser defaults in any payment when
Statistics. Labor will be related to the Average Hourly Earnings indices due hereunder,WesTech may,without incurring any liability therefore to
found in the Employment and Earnings publication and material will be Purchaser or Purchasers customers,declare all payments immediately due
related to the Metal and Metal Products indices published in wholesale and payable with maximum legal interest thereon from due date of said
Prices and Prices Indices. payment,and at its option,stop all further work and shipments until all past
due payments have been made,and/or require that any further deliveries
(b)Price revision for items furnished to,and not manufactured by WesTech, be paid for prior to shipment.
which exceed the above escalation calculation will be passed along by
WesTech to Buyer based upon the actual increase in price to WesTech for if Purchaserrequests postponements of shipments,the purchase price shall
the period from the date of quotation to the date of shipment by WesTech. be due and payable upon notice from WesTech that the equipment is ready
Any hem that is so revised will be excluded from the index escalation for shipment;and thereafter any storage or other charge WesTech incurs
calculations set forth in subparagraph(a)above. on account of the equipment shall be for the Purchasers account.
If delivery is specified at a point other than WesTech or Its suppliers
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PROJECT: SAN LUIS OBISPO WWTP
WE STEC H PROPOSAL: 026739
DATE: March 24, 2004
shipping paints,and delivery is postponed or prevented by strike,accident, 19. RETURN OF PRODUCTS: No product maybe returned to WesTech
embargo, or other cause beyond WesTech's reasonable control and without our prior written permission,said permission may be withheld by
occurring at a location other than WesTech or its supplier's shipping points. WesTech at its sole discretion.
IfPurchaser refuses such delivery WesTech may store the equipment at 20. BACKCHARGES: WesTech will not approve or accept backcharges
Purchaser's expense. For all purposes of this agreement such tender of for labor, materials; or other costs incurred by Purchaser or others in
delivery or storage shall constitutedelivery. modification,adjustment,service,orrepair of WesTech-fumished materials
unless such back charge has been authorized in advance in writing by a
15. WARRANTY: WESTECH WARRANTS EQUIPMENT IT SUPPLIES WesTech employee,by a WesTech purchase order, or work requisition
ONLY IN ACCORDANCE WITH THE WARRANTY EXPRESSED IN THE signed by WesTech.
ATTACHED COPY OF WESTECH WARRANTY AGAINST DEFECTS IN
WORKMANSHIP AND MATERIALS WHICH IS MADE A PART HEREOF. 21.ENTIRE AGREEMENT: This proposal expresses the entire agreement
SUCH WARRANTY IN LIEU OF ALL OTHER WARRANTIES,INCLUDING between the parties hereto superseding anypriorunderstandings,and is not
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICU- subject to modification except by a writing signed by an authorized officer
LAR PURPOSE;WHETHER WRITTEN,ORAL,EXPRESS,IMPLIED OR of each parry.
STATUTORY, AND WESTECH SHALL NOT BE LIABLE FOR ANY
CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR 22. MOTORS AND MOTOR DRIVES: In order.to avoid shipment delays
ANY REASON WHATSOEVER. of our equipment,the motor drives may be sent directly to the jobsite for
installation by the equipment erector. Minor fit-up may be required.
16. PATENTS: WesTech agrees that it will,at its own expense,defend all
sifts or proceedings instituted against Purchaser and pay any award of 23. EXTENDED STORAGE:Extended storage instructions will be part of
damages assessed against it in such suits or proceedings,so far as the information provided.to shipment If equipment installation and start-up is
same are based on any claim that the said equipment or any part thereof delayed more than 30 days,the provisions of the storage instructions must
constitutes an infringement of any apparatus patent of the United States be followed to keep WARRANTY in force.
issued at the date of this Agreement,provided WesTech is given prompt
notice in writing of the institution or threatened institution of any suit or 24. ARBITRATION NEGOTIATION:Any controversy or claim arising out of
proceeding and is given full control of the defense,settlement,or compro- or relating to the performance of any contract resulting from this proposal
mise of any such action;and Purchaser agrees to give WesTech needed or contract issued,or the breach thereof,shall be settled by arbitration in
information,assistance,and authority to enable WesTech so to do. In the accordance with the Construction Industry, Arbitration Rules of the .
event said equipment is held or conceded to infringe such a patent, American Arbitration Association,and judgement upon the award rendered
WesTech shall have the right at its sole option and expense to a)modify the by the arbitrators)may be entered to any court having jurisdiction.
equipment to be non-infringing, b) obtain Jor Purchaser the license to
continue using said equipment,or c)accept return of the equipment and 25. LIABILITY:Liability for errors and omissions shall be limited to the
refund to the Purchaser the purchase price thereof less a reasonable greater of$50,000 or the value of the particular piece of equipment(not the
chargefor the use thereof. WesTech will reimburse Purchaser for actual value of the entire order)supplied by WesTech against which a claim is
out-of-pocket expenses,exclusive of legal fees,incurred in preparing such sought.
information and rendering such assistance at WesTech's request. The
foregoing states the entire liability of WesTech, with respect to patent
infringement; and except as otherwise agreed to in writing, WesTech ACCEPTED BY PURCHASER
assumes no responsibility for process patent infringement.
17. SURFACE PREPARATION AND PAINTING: If furnished,shop primer BY
Paint is intended to serve only as minimal protective finish. WesTech will
not be responsible for condition of pruned or finish painted surfaces after
equipment leaves its shops. Purchasers are invited to inspect paint in TITLE
shops for Proper preparation and application prior to shipment.WesTech
assumes no responsibility for field surface preparation or touch up of
shipping damage to paint Painting of fasteners and other touch-up to DATE
painted surfaces will be by Purchaser's painting contractorafter mechanism
erection.
Motors,gear motors,and othercomponents not manufactured by WesTech
will be painted with that manufacturer's standard paint system. It is our
intention to ship major steel components as soon as fabricated,often before
drive,motors,and other manufactured components. Unless you can insure
that shop primed steel shall be field painted within thirty(30)days alter
arrival at the jobsite,we encourage you to purchase these components
bare.
Our prices are based on paints and surface preparations as outlined in the
main body of this proposal. In the event that an alternate paint system is
selected,we request that your order advise of your selection. With your
agreement,we will than either adjust our price as may be necessary to
comply or ship the material unpainted if compliance is not possible due to
application problems or environmental controls.
16. CANCELLATION,SUSPENSION,OR DELAY: After acceptance by
WesTech,this proposal,or Purchaser's order based on this proposal,shall
be a firm agreement and is not subject to cancellation,suspension,or delay
except upon payment by Purchaser of appropriate charges which shall
include all costs incurred by WesTech to date of cancellation,suspension,
or delay plus a reasonable profit.Additionally,all charges related to storage
and/or resumption of work,at WesTech's plant or elsewhere,shall be for
Purchaser's sole account; and all risks incidental to storage shall be
assumed by Purchaser.