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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)