Item 8B- Resolution No. 18-18RESOLUTION NU. 18-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, r LOtuDA,
AUTHORIZING THE PUBLIC UTILITIES DErARTlvihN i 10
rum -nANE 1 wU WESIhUH UAt h lixtVhS rvx 'iu-rvU1
SLUUNDAKX ULAKtr'11;KS.
wnuFmAN, the rublic utilities Department included the cost of replacement heavy
machinery in the 1, Y 1 1-18 budget; and
WnEtu:AS, the existing secondary clarifier drives at the Uity's wastewater treatment
Plant (I 100 Jandpiper Lane) date from the mid -19907s, and rotating drive assemblies are nearing
the end of their design lite; and
WHEREAS, the City intends to process the equipment procurement initially, and solicit
competitive bids for installation prior to the equipment delivery;
WHEREAS, the equipment includes two (L) replacement 31 -inch 1Jv8u5u Cage Drives
for iu-foot secondary clarifiers and is cover under warranty by Wes I ech for live (5) years atter
installation.
WHEREAS, the City did not solicit competitive bids or quotes for this items, as WesTech
is the sole manufacturer and distributor of the secondary clarifier cage drive equipment used at the
City's WWTP.
NOW i nhF my OF L, be it resolved by the City Commission of the City of Atlantic Beach
as tollows:
S_LC 1 ION t. 1 he City Commission hereby authorizes purchase the two Wes l'ech Model
No. 1Jv8U5U Keplacement 31 -inch Cage Drives in the amount of $6/,500, as they are the sole
source manufacturer and distributor this equipment;
NEU 11UN 1. 1 his Resolution shall take ettect immediately upon its passage and adoption.
FANNED AND ADUr hED by the City of Atlantic Beach, this 14th day of May, 2018.
Ellen Glasser, Mayor
Attest:
vonna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Clarifier Rehabilitation at Wastewater Treatment Plant
SUBMITTED BY: Kayle W. Moore, P.E.
Public Utilities Director
DA'Z'E: Apri127, 2018
BACKGROUND: The existing secondary clarifier drives at the City's Wastewater Treatment
Plant (1100Sandpiper lane) date from the mid -1990°s, and rotating drive assemblies are nearing
the end of their design life.
Staff has determined the most cost effective means of replacement is for the City to purchase the
equipment directly and have it installed by a utility contractor selected though a competitive
bidding: process. This will avoid baying tax on the equipment ($4,725) and the costs that
contractors may add for their time in procuring equipment,
The equipment includes two (2) replacement 31 -inch DV8050 Calve Drives for 70 -font secondary
clarifiers and is cover under warranty by WesTech for five (5) years atter installation. This is the
City's standard secondary clarifier• replacement equipment and is proprietary, manufactured and
distributed by WesTech.
As the clarifier drives have a 14-16 week lead and shipping time, the City intends to process the
equipment procurement initially, and solicit competitive bids for installation prior to the
equipment delivery.
BUDGET: A total of $225,000 was budgeted for the clarifier rehabilitation project (Project
#PU1803) in the Sewer Fund under account number 410-5508-535-6300.
RECOMMENDATION: Authorize staff to purchase the two WesTech Model No. DV8050
Replacement 31 -inch Cake Drives in the amount of $67,500.
ATTACHMENTS: 1. Quote from WcsTcch
RE,VIEWEII BY CITY MAMA
Atlantic Beach WRF
Atlantic Beach, Florida
Equipment Furnished by
WesTech Represented by
WesTech, Inc.
Cameron Young
3665 South West Temple
Moss -Kelley, Inc.
Salt Labe City, UT
725 Primera Boulevard, Suite 155
801,255,1000
Lake Mary, FL 32746
801.265.1080 fax
407.805.0053
407.$05.0062 fax
cjy@mosskelley.com
[quote Furnished by Scope of Supply
David Mortensen/John Gottschall Two (2) 31 -inch Replacement Gage Drive Units
801.265.1000
dmortensen@westech-inc.com
jgottschall@westech-inc.com
WesTech Proposal: 1560268 (123320
Date: November 2, 2016
E.SFE4CH
Table of Contents
Technical Proposal
Item A — Two (2) Replacement 31 -inch DV8050 Cage Drive for 70 -foot Secondary Clarifier
Commercial Proposal
Warranty
Terms & Conditions
Proposal No. 1560268 (129320)
VVES IE�*4
Technical Proposal
Item A► — Two (2) Replacement 31 -inch Cage [gives
Replacement for WesTech Cage Drive
To Be Installed on 70 -foot WesTech Secondary Clarifiers; WesTech lob No. 4719A (1995)
Drive Unit Furnished Complete With The Following Components:
• Standard WesTech Cage Drive Unit for:
• 18,500 ALMA 20 -year Continuous Torque (fit■Ibs)
• 37,000 Momentary Peale Torque (ft -lbs)
• 0.029 Output Speed (RPM)
• Clockwise Direction of Rake Flotation
• 346,000 Overturning Moment of Roth Main Bearings (ft -lbs)
• An epoxy -coated steel drive base.
• Forged alloy steel, contoured -race, locked -ring precision main bearings, with L-10 life rating in
excess of 100 years (876,000 hrs.).
* oil lubrication of the main gear and pinion; grease lubrication of the main bearing.
• A direct -coupled cycloidal rake speed reducer.
• A 1 HP TEFL motor suitable for 230/460 volt, 3-phase, 60 -hertz supply power.
• All fasteners necessary to attach the drive to the center column, the rake cage to the drive, and
the bridge to the drive.
• Column top adapter, cage ear adapters, and bridge adapters, all designed and manufactured
according to the dimensions of the original drive of WesTech Job No. 4719A (1995.
• Stainless steel weatherproof WesTech load -cell torque control with visual indicator, torque
transmitter, and two limit switches set at:
Alarm torque: 100% Shut [down Torque. 120%
WESTEC."F4 Proposal No. 1560268 (129320)
Surface Preparation and Painting
Sandblast: SSPC-SP6/NAGE 3 commercial blast.
Primer: One (1) coat of TnemecQO Pota-Pox Plus N140F, Beige 1255 Polymideamine
Epoxy, 2.5 to 3.5 mils DFT.
Final: One (1) coat of Tnemec' Endura -Shield II 107411, Dark Blue 85712 Aliphatic
Acrylic Polyurethane, 2 to 5 mils DFT.
Clarifications/Comments
The drive unit will include four (4) printed copies of an Owner's & Maintenance Manual.
Installation of the drive units is not included for this proposal.
Since this is a replacement of an existing WesTech drive unit, no submittal is included for this proposal.
This proposal, including all terms and conditions contained herein, shall became part of any resulting
contract or purchase order. Changes to any terms and conditions, including but not limited to submittal
and shipment days, payment terms, and escalation clause shall be negotiated at order placement,
otherwise the proposal terms and conditions contained herein shall apply.
Any and all field surface preparation, field paint, touch-up, and repair to shop painted surfaces are not
by WesTech.
Total Service
Nur(%
Optional Items
Nene.
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, field
painting or touch painting, field welding, erection, detailed shop fabrication drawings, performance
testing, unloading, storage, concrete work, field service, (except as specifically noted).
This proposal has been reviewed for accuracy and is approved for issue:
By: D/�,i H*q4W41
WIE SME 4= 14
[date: January 17, 2018
Proposal No. 1560268 (129320)
Commercial Firm Proposal
Proposal Name: Atlantic Beach WRF
Date: January 17, 2018
Proposal Number: 1560268 (129320)
r r - r r •
Company Name WesTech Engineering, Inc.
Contact Name David Mortensen
Phone 801.265.1000
Email dmortensen@westech-inc.cam
Address: Number/Street 3665 S West Temple
Address; City, State, Zip Salt Lake City, UT 84115
2. Pricing
Currency U5 Dollars
N. _ - ..
Item A- Two (2)Replacement 31 -inch Cage Drives for 70- $ 67,500.00
foot Secondary Clarifiers
Prices are for a period not to exceed 30 days frpm date of proposal.
Intionni Fiplr
Dally Rate — First Day on Site $ 4,475.00
Daily Rate — Additional Days in the Same Trip $ 1,235.00
Field services are to provide advisory supervision of instalialton, inspeclion of installation, or equipment start up services. Field service
prices include travel expenses. A field service day Is billed for any 8 -hour day, or any portion theroof. Overtime time hours are billed at
$180.00 per hour. Any travel or labor required on weekend (Saturday or Sunday) days or WesTech recognized holidays will incur additional
charges: Any canceled charges due to the customer's request will be added to the invoice. A four week notice is required prior to trip
departure date-
Taxes (sales, use, VAT, IVA, IGV, duties, import fees, etc.) Not Included
Net due 30 days after shipment 1009
All payments are net 30 days. Partial shipments are allowed. Other terms per Wes-rech Proforma Invoice.
, Schedule
AN
Ready to Ship, after WesTech Receives and Acknowledges the 14 to 16 weeks
Purchase Order
".Freght
From f=inal [destination
Salt bake City, UT Atlantic Beach WRF- Atlantic
Beach, FL
ESME C:H
FOB Salt Lake City. Full freight
allowed.
Method of Transport
Flat Bed Truck
Proposal No. 1560268 (129320)
Five -Year Warranty
WesTech equipment is backed by WesTech's reputation as a quality manufacturer, and by many years of
experience in the design of reliable equipment.
Equipment manufactured or sold by WesTech Engineering, Inc., once 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.D.B.
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 five (5)
years following initial start-up, or five (5) years and six (6) 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 a pro -rata charge based upon WesTech's estimate of
the percentage of 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, corrosion, or any contingent, incidental, or consequential damage or expense due to partial
or complete inuperabllity 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, application, or maintenance, or subjected to
misuse, abuse, neglect, accident, or incomplete adherence to all manufacturer's requirements,
including, but not limited to, Operations & Maintenance Manual guidelines & procedures.
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
purchased by the customer from others. The warranties which apply to such items are those offered by
their respective manufacturers,
WETE4 M.H Proposal No. 150268 (129320)
Terms & Conditions
Terms and Candidons appearing In any order based on this proposal which are
Inconsistent herewith shall not be binding an WesTech Engineering Inc. The sale and
purchase of equlpment described herein shall be gaverned exciusluely by the foregoing
proposal and the following provisions:
1, Specifications: WesTech Engineering Inc. Is furnishing Its standard equipment as
outlined In the proposal and as will be covered by final approved drawings. The
equipment may not be in strict compliance with the Englneer's/owner's plans,
specifications, or addenda as there may be deviations. The equipment will, however,
meet the general Intention of the mechanical specifications of these documents.
x. Items tnslWed: This proposal includes only the equipment specified herein and does
not include erection, Installation, arcessorlm, nor associated materials such as controls,
piping, etc., unless speriffrally listed -
1, Parties to Contractt WesTech Engineering Inc. Is not a party to or bound by the terms
of any contract between Weslech Engineering Inc.'s customer and any other party.
WesTech Eagineerring Int.'s undertakings are limited to those defined In the contract
between WesTech Engineering Inc. and Its directcustorners.
4. Price and Delivery: All selling prices quoted are subject to change without notice after
30 days from the mate of this proposal unless specified otherwise. Unless otherwise
stated, all prices are F.C.B. WesTech Engineering Inc. or Its suppiler'sshlpping palnts.AlI
claims for damage, delay or shortage arlsing from such equipment shall be made by
Purchaser directly against the carrier. When shipments are coated F.Q.g, job site or other
designation, Purchaser shall inspect the equipment shipped, notifying WesTech
Engineeting inc, of any damage or shortage within forty-eight hours of receipt, and failure
to so notify WesTech Engineering Inc. shall constitute acceptance by Purchaser, relieving
WesTech Engiheoting Inc. of any liability for shipping damages or shortages,
5- Payments: All Involces are net 30 days. Delinquencies are subject to a 15 percent
service charge per month or the maximum permitted by law, whichever is less on all past
due accounts- Pro ra is payments are due as shipments are made. If shipments are
delayed by the Purchaser, Invoices shall he sent on the date when WesTech Engineering
Inc. Is prepared to make shipment add payment shall become due under standard
Invoicing terms. If the work to be performed hereunder is delayed by the Purchaser,
payments shall be based an the purchase price and percentage of completion. Products
held for the Purchaser shall be at the risk and expense of the Purchaser. Unless
specifically stated otherwise, prices quoted are for equipment only. These terms are
lndependentof and not contingent upon the time and manner in which the Purchaser
receives payment from the owner.
b. Payment Terms: credit is subject to arreptance by WesTech Engineering Inc.'s Credit
Department. If the financial conditlon of the Purchaser at anytime is such as to give
WesTech Engineering inc., In its judgment, doubt concerning the Purchaser's ability to
pay, WesTech Engineering Inc. may require full or partial payment In advance or may
suspend any further dellvedes or continuance of the work to be performed by the
WesTech Engineering Inr-. until such payment has been recall
i. Escalation: Itshipment is, for any reasor, deferred by the f ufchaser beyond the normal
shipment date, or If material price increases are greater than 5% from proposal date to
material procurement date, stated prices set Earth herein are subject to escalation. The
Pscalation shall he based upon Increases In labor and material and other costs to WesTech
Engineering Inc. that occur in the time period between quotation and shipment by
WesTech Engineering Inc. Purchaser agrees to this potential escalation regardless of
contradicting terms in the contract, except when an agreed upon escalation adder Is
Included in the price.
(a) The total quoted revised price is based upon changes in the Indices published by the
United States Department of Labor, Bureau of Labor Statistics. tabor will be related to the
Average Hourly Earnings indices round In the Employment and Earnings publication.
Material will be related to the Metal and Metal Products Indices published In Wholesale
Prices and prices Indices,
{by Price revision for items furnished tat and not manufactured by WesTech Engineering
Inc., which exceed the above escalation calculation, will be passed along by WesTech
Engineering Inc. to Purchaser based upon the actual increase In price to WesTech
Engineering inc. for the period from the date of quotation to the date of shipment by
WesTech Engineering Inc, Any item that Is so revised will be excluded from the index
escalation calcutations set forth In subparagraph (al above.
8. Approval-. If approval of equipment submittals by Purchaser or others Is required, a
condition precedent to Wetlech Engineering Inc. supplying any equipment shall be such
complete approval.
9, Installation supervision: Prices quoted for equipment do nut include Installation
supervision. WesTech Engineering Inc. recommends and will, upon request, make
available, at WesTech Engineering Inc.'s then current rate, an experienced Installation
supervisor to act as the Purchaser's employee and agent to supervise Installation of the
equipment. Purchaser shall at its sole expense furnish all necessary labor equipment, and
materlals needed for Installation.
Responsibility for proper operation of equipment, If not installed by WesTech Engineering
Inc. or Installed in accordance with WesTech Engineering Int.'s instructions, and Inspected
and accepted in writing by WesTech Engineering Inc., rests entirely with Purchaser; and
any work performed by WesTech Engineering Inc. personnel in making adjustment or
changes must be paid for at WesTech Engineering Inc.'s then current per dlern rates plus
living and traveling expenses.
WesTech Englneering Inc. will supply the safety devices described In this proposal or
shown in WesTech Engineering Inv.'s drawings furnished as part of this order but
excepting these, WesTech Engineering Inc. shall not be required to supply or install any
safety til whether required by law or otherwise, The Purchaser hereby agrees to
Indemnify and hold harmless WesTech Engineering Inc. from any claims or losses arising
due to alleged or actual insufficiency or Inadequacy of the safety devices offered or
supplied hereunder, whether specified by WesTech Engineering me. or Purchaser, and
from any damage resulting from the use of the equipment supplied hereunder,
10. Acceptance of Products: Products will be deamed accepted without any claim by
Purchaser unless written notice of non-acceptance is received by WesTech Englneering
Inc. within 34 days of delivery if shipped F_0,6. point of shipment, or 49 hours of delivery
If shipped F,O,B. paint of destination. Such written notice shall not be considered
received by Wos.Terh EnglneeringInc unless It is accompanied by all freight bills for said
shipment, with Purchaser's notations as to damages, shortagesand conditions of
equipment, containers, and seats. Mon -accepted products are subject to the return policy
stated below.
11. Taxes: Anyfederal, state, or local sales, use or other taxes applicable to this
transaction, unless specifically Included in the price, shall be for Purchaser's account,
U. Titia: The equipment specified herein, and any replacements or substitutes therefore
shall, regardless of the manner in which affixed to or used in connection with realty;
remain the sale and personal property of WesTech Engineering Inc. until the full purchase
price has been paid. Purchaser agrees to do all things necessary to protect and maintain
WesTech Engineering Inc.'stitle and interest in and to such equipment; and upon
Purchaser's default, WesTech Engineering Inc. may retain as liquidated damages any and
all partial payments made and shall be free to enter the premises where such equipment
Is located and remove the same as Its property without prejudice to any further claims on
account of damages or loss which Wes)'eeh Engineering Inc. may suffer from any cause.
13, In$uranoe: From date of shipment until the Invoice is paid in full, Purchaser agrees to
provide and maintain at Its expense, but for WesTech Engineering Ine.'s benefit, adequate
Proposal No. 1560268 (129320)
Insurance Including, but not limited to, bullders risk Insurance on the equipment against
any loss of any nature whatsoever.
14. Shipments; Any shipment of delivery dates recited represent WesTech Engineering
Inc.'s best estimate bu t no liability, direct or Indirect, is assumed by WesTech Engineering
Inc. for failure to ship or deliver on such dates.
WesTech Engineering Inc.. shall have the right to make partial shipments; and invoices
covering the same shall be due and payable by Purchaser Inamotdanee with the payment
terms thereof. if Purchaser defaults in any payment when due hereunder, WesTech
Engineering Inc may, without Incurring any Ila bill ty therefore to Purchaser a Purchaser's
customers. declare all payments Immediately due and payable with maximum legal
Interest thereon from due date of said 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 deliverles be paid for prior to shlpment-
If Purchaser requests postponements of shipments, the purchase price shah be due and
payable upon notice from WesTech Engineering Inc, that the equipment Is ready for
shipment; and thereafter any storage or other charge WesTech Engineering Inc. lncurs on
account of the equipment shall be for the Purchaser's account.
it delivery is specified at a point either than WesTech Engineering Inc, or its supplier's
shipping points, and delivery Is postponed or prevented by strike, accident, embargo, or
other cause beyond WesTech Engineering Int.'s reasonable control and otcurdirg ata
location other than WesTech Engineering Inc. or its supplier's shipping points, WesTech
Engineering Inc. assumes no Ilablilty in delivery delay. I f Purchaser refuses such delivery,
WesTech Engineering Inc. may store the equipment at Purchaser's expense. For all
purposes of tWs agreement such tender of delivery or storage shall constitute delivery.
15. Warran(y: WESTECH ENGINEERING INC. WARRANTS EQUIPMENT ITSUPPI_IES ONLY
IN ACCORDANCE WITH THE WARRANTY EXPRESSED IN THE ATTACHED COPY OF
"WESTECH WARRANTY" AGAINST DEFECTS IN WORKMANSHIP AND MATERIALS WHICH 15
MADE APART HEREO#_ SUCH WARRANTY IN LIEU OF ALL OTHER WARRANTIES,
INCLUDING WARRANTIES OF MERCHANTAWLITYANO FITNESS FOR PARTICULAR
PURPOSE, WHETHER WRITTEN, ORAL, EXPRESSED. IMPLIED OR STATUTORY, WESTECH
ENGINEERING INC. SHALL NOT RE LIABLE ANY CONTINGENT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER.
16, Patents: Wesierh Engineering Inc, agrees that It will, at Its own expense, defend all
suits or proceedings Instituted against Purchaser and pay any award of damages assessed
against It In such suits or proceedings, so far as the same are based on any claim that the
sold equipment or any part thereof constitutes an Infringement of any apparatus patent
of the United States issued at the date of this Agreement, provided WesTech Engineering
Inc. is given prompt notice In writing of the institution or threatened Institution of any
soft or proceeding and Is given full control of the defense, setuemant, or compromise of
any such action; and Purchaser agrees to give WesTech Engineering Inc. needed
Information, assistance, and authority to enable WesTech Engineering Inc. so to do. In the
event said equipment Is held or conceded to Infringe such a patent, WesTech Engineering
Inc. shall have the right at Its sole option and expense to a) modify the equipment to be
non -infringing, b) obtain for Purchaser the license to eontlnue using Bald equipment, or e)
accept return of the equipment and refund to the Purchaser the purchase price thereof
less a reasonable charge for the use thereof. WesTech Engineering Inc, will reimburse
Purchaser for actual out-of-pocket expenses, exclusive of legal fees, Incurred In preparing
such information and rendering such assistance at Wesrech Engineering Inc.'s request.
The foregoing states the entire liability of WesTech Engineering Inc,, with respect to
patent Infringement; and except as otherwise agreed to in writing, WesTech Engineering
Inc, assumes no responsibility for process patent Infringement,
17. Surface Preparation and Painting: If furnished, shop primer paint Is Intended to serve
only as minimal protective finish. WesTech Engineering Inc, will not be responsible for the
condition of primed or finish painted surfaces after equipment leaves its shops,
Purchasers are Invited to Inspect paint in shops for proper preparation and application
print to shipment. WesTech Englneering Inc. assumes no Tesponsiblllty for field surface
preparatdon or touch-up of shipping damage to paint. Painting of fasteners and other
touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism
Installation.
Motors, gear motors, and other components not manufactured by WesTech Engineering
Inc. will be painted with that manufacturer's standard paint system. It Is WesTech
Engineering Int -'s intention to ship major steel components as soon as fabricated, often
before drive, motors, and rather manufattured components. Unless Purchaser can ensure
that shop primed steel shall W field painted within thirty (10) days after arrival at thejob
site, WesTech Engineering Inc. encourages the Purchaser to order these components
without primer_
WesTech Englneering Inc.'s prices are based on paints and surface preparations as
outilned in the main body of this proposal. In the event that a n alternate paint system is
selected, WesTech Engineering Inc, requests that Purchaser's order advise of the paint
selection. Wesiech Engineering inc, will then elther adjust the price as may be necessary
to comply or ship the material unpainted if compliance is not possible due to application
problems or environmental controls.
18. Cancellatlon, Suspension, or Delay. After acceptance by WesTech Engineering int.,
this proposal, or Purchaser's order based on this proposal, shall be a firm agreement and
is not subject to cancellation, suspemlen, or delay except upon payment by Purchaser of
appropriate charges which shall include all costs Incurred by WesTech Engineering Inc. to
date of cancellation, suspension, or delay plus a reasonable profit. Addtilanally, all
charges related to storageandlor resumption of work, at WcsTech Engineering Inc -'s
pian[ or elsewhere, shall be for Purchaser's soleaccount; and all risks Incidental to
storage shall be assumed by Purchaser.
19. Return of Products: No products may be returned to WesTech Engineering Inc,
without WesTech Englneering Inc.'s prior written permission. Said permission may he
withheld by WesTech Engineering Inc. at Its sole discretion.
20. Backcharges: Wes tech Engineering Inc, will not approve or accept backcharges for
labor, materials, or other costs incurred by Purchaser or others in modification,
adjustment,service, or repair of WesTech Engfneeringlfic.•furnlshed materials urle85
such back charge has been authnrlxrd In adva rice In wrl king by a WesTech Engineering
Inc. employee, by a WesTerh Engineering Inc, purchase order, or work requisition signed
by WesTech Engineering Inc,
21. Ind emnif catinw Purchaser agrees to indemnify WesTech Engineering Inc. from all
costs Incurred, Including but not limited to court costs and reasonable attorney fees, from
enforcing any prOvislons of this contract, including but not limited to breach of contract
or casts Incurred in collecting morales owed on this contract.
2l. Entire Agreement: This proposal expresses the entireagreement between the parties
hereto superseding any prior understandings, and Is not subject to modificntion except try
a writing signed by an authprixed officer of each party.
23, Motors and Motor Drives: In order to avoid shipment delays of WesTech Engineering
Inc. equipment, the motor drives may be sent directly to the job site forinstallation by
the equipment installer. Minor fit -up may be reciulred_
2A, Extended Storage: Extended storage instructions wlli be part of Information provided
to shipment. If equipment Installation and start-up is delayed more than 30 days, the
provisions of the storage instructions must be followed to keep WARRANTY In force.
35. Liability: Professional liability insurance, lnctuding but not limited to, errors and
omissions Insurance, Is not included. In any event, liability for errors and omissions shall
be limited to the lesser of $1t5D,048USD or the value of the particular piece of equipment
(not the value of the entire order) supplied by WesTech Engineering Inc against which a
claim is sought,
26, Arbitration Negotiation; Any controversy or claim arising out of or relating to the
performance of any contract resulting from this proposal or contract issued, or the breach
thereof, shall he settled by arbitration In accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association, and Judgment upon the award
rendered by the arbitrator(s) may be entered to any court having Jurisdiction,
Proposal No. 1560268 (129320)
ACCEPTED BY PURCHASER
Customer Name:
Customer Address.
Contact Name:
Contact Phone:
Contact Email:
Signature:_
Printed Name:
Title:
Date:
IVETF-4 -.- * - a
Proposal No. 1560268 (129320)