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Home My WebLink About2022-151 PO 20230070- Andritz Separation Inc Purchase Order is • ,I CITY G RECORDER Fiscal Year 2023 Page: 1 of: 1 € e @[91 B City of Ashland _ IATTN: Accounts Payable Purchase L 20 E. Main 20230070 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us. • V ANDRITZ SEPARATION INC H C/O Public Works Department EDEPT 0312 I 51 Winburn Way N PO BOX 120312 P Ashland, OR 97520 O DALLAS, TX 75312-0312. Phone: 541/488-5347 T Fax: 541/488-6006 O �s l,l=[61=16[61ar SS�alaal9f 1 by 7 [ [61 - I E til - I 1 ;, ;I°! 7 E° ; = '�7'1SE –__ 817 465-5611 Scott Fleu _-16,-ra ;b 5 11r jI6J'.iEl r -__07/14/2022 718 FOB ASHLAND OR/NET30 Ci Accounts Pa able �._ ; E - WVVTP Centrifuge Replacement 1 D5LX Decanter Centrifuge, Equipment& Freight 1.0 • $452,400.00 $452,400.00 Approved by City Council 07/07/2022 • • Project Account: • ***************GL SUMMARY*************** • 086100-602400 . $452 400.00 • • • • • • • By: :44 Date: --7k77 Aut'•r e• Signature zAa �b_,: =-___-.-= $452 400.00 • • � D.� V FORM #3 . ' k, / f' . CITY OF i . ,A ........_. •) • A t'et:�uest:for it I-ji._g6'c:limi;c., ��vcioIr ASH LAND REQUISITION • Qate of request: 06/08/2022 • • Required date for delivery: 06/15/2022 • Vendor NameANDRITZ Separation Technologies,INC Address,City,State,Zip • . 1010 Commercial Blvd S,Arlington,TX,76001 Contact Name&Telephone Number . Denis Piche-(403)650-4131 • • Email address • ' denis.piche@andritz.com SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Invitation to Bid ❑ Emergency ❑ Reason for exemption: • Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑• Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract#. ❑ VerbailWritteu bid(s)or proposal(s) ❑ Request for Qualifications(Public Works)• ❑ State of Washington . Date approved by Council: Contract# •••• - • (Attach copy of council communication) • • ❑ Other government agency contract • Intermediate Procurement • 0 Sole Source Agency . GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Conlract# 3 Greater than$5,000 and less than$100;000 0 Written quote or proposal attached Intergovernmental'Agreement • ❑ (3)Written bids&solicitation attached 0. Form#4,Personal Services$5K to$75K Agency • PERSONAL SERVICES ' Date approved by Council:June 7.2022 0 Annual cost to City does not exceed$25,000, Greater than$5,000 and less than$75,000 • •Valid until: Date Agreement approved by Legal and approved/signed by •! { ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator,AMC 250,070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$Si(to$75K ❑ Written quote or proposal attached . approval required.(Attach copy of council communication) Date approved by Council: • Valid until:. . (Date) ' " Description of SERVICES • Total Cost • • .452;400.00 " ' limn# Quantity" Unit . Description of MATERIALS Unit.Price - Total Cost •1 1 " D5LX Decanter Centrifuge,Equipment&Freight 452,400.00 • • ,p-, r . er attached quotelproposalf -e - ,,, --,,(1-t- . . :. TOTAL:GOST,:-`.: . Project Number _ Account Number,v,,Q, kO o-�0-0 42;400:0;0. Account Number - Account Number - • • 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. , IT Director.in collaboration with department to approve all hardware.and software purchases: ITDirector Date Support-Yes/No • By signing this requisition form,Ice ify that the City's public contracting requirements have been satisfied. Employee:OCtN11UV Department H=:--�►� ► 'z•b. r 'z� z- 4;'i. ,or greater, $5,000) Department Manager/Supervisor: • • City Manager: . _�:,r,:��.., l.1,1' (Equal to or pi r than.35,000) Funds appropriated for current fiscal year:G45/• NO ( / ' . VI— . Finance Director-(Equal to or greater than$5,000) Date • Comments: Form#3-Requisites • • . I • 1 • • Kariann Olson From: Scott Fleury Sent: Thursday,July 14,2022 2:48 PM To: Kariann Olson;Tami Campos;David Gies Subject: RE:Request for a/c#for centrifuge 1111 010:6024°0 r s Thanks, Scott A. Fleury, P.E. Public Works Director City of ,Ashland, Public Works . 20 East Main Street, Ashland OR 97520 • (541) 552-2412, TTY 800-735-2900 Fax: (541) 488-6006 • This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2412. Thank you. From: Kariann Olson<kari.olson@ashland.or.us> Sent:Thursday,July 14, 2022 2:45 PM To:Tami Campos<tami.campos@ashland.or.us>;Scott Fleury<scott.fleury@ashland.or.us>;David Gies ' <david.gies@ashland.or.us> Cc: Kariann Olson <kari.olson@ashland.or.us> Subject: Request for a/c#for centrifuge Hello, . Got an a/c#for centrifuge$452,400.00? Project#?. Please advise. . Thank you. Kariann • . Kariann Olson • Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 5 Tel 541-488-5354 S Fax 541-488-5320 S • TTY 800-735-2900 kari.olson@ashland.or.us S Visit the City's web site at: www.ashland.or.us • This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. • . 1 • • • 4 • • i o t FORM#6 CITY OF • • 'AS HLAN 0 • ctio ora lGnwiro t plawromANi► VyoureipswINIDous •• t 7,:031DSFAMi OSi aIM1N+ S . • �G76711rt• an $0.40:0:01 • • •To: Joseph Lessard, City Manager From: Scott Fleury, Public Works Director City of Ashland Public Works • Date: April 20, 2022 • • Re: -Sole Source Determination and Written Findings for Goods and Services • In accordance with AMC 2.50.090(F),the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. • Estimated total value of contract: $452,400.00 • Project name: Wastewater Treatment Plant Centrifuge Replacement Description of goods and services: Provide a new Andritz D5LX Centrifuge, Centrifitge.VFD Panel, Centrifuge Control Panel and Delivery of items set forth in the proposal from Andritz Separation Technologies. (Installation provided by staff and contracted Scala.integrator CSNW) Background: The City owns and operates the Ashland Wastewater Treatment Plant located at 1295 Oak St,Ashland, Or. The current Centrifitges•have needed-repairs nine times over the last three years exceeding$140,000.00 for those repairs. Both centrjtges need expensive repairs and due to the excess of cost for repairs without success and the age of the unit it is • • recommended for replacement. Unfortunately, the centrifitges installed are proprietary equipment as is the centrifuge footprint,piping, and pumping prepared for the units. In an effort to save money and time to avoid redesign and construction to accommodate another brand we • are recommending replacing in-kind with the same brand of unit. There are no other suppliers that can provide compatible equipment to accomplish this other than Andritz Separation Technologies.- • ff - 1 • • • • Form#6-Sole Source—Goods and Services—Greater than$100,000,Page 1 of 3,7/5/2022 • . • • • Findings: • Market Research Overall finding: • Our research shows that only Andritz Separation Technologies are compatible with our existing centrifuges as confirmed in the attached letters from Andritz. There are no other suppliers that can provide equipment compactable for replacement. fin accordance with ORS 279B.075, these are the examples of findings that should be addressed. Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured More than one finding can be addressed. The findings are as follows.] Pursuant to ORS 279B.075(2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. Any replacements centr f rges and/or components to existing cents f rges have to be compatible with Andritz units which are only supplied by Andritz Separation Technologies. Replacing with a different brand would require redesign and construction.of the centrifuge footprint,piping, pumping and the use of chemicals. Therefore,Staff recommends replacement with the Andritz DSLX Centrifuge as there are no other compatible suppliers. • Pursuant to ORS 279B.075(2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A . Pursuant to ORS 279)3.075(2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075(2)(d): Any other findings that support the conclusion that the . goods or services are available from only one source. None • • Form#6-Sole Source-Goods and Services—Greater than$100,000,Page 2 of 3,7/5/2022 • . • PUBLIC NOTICE: . • Pursuant to OAR 137-047-0275 (2),a Contracting Agency shall give public notice of the . Contract Review Authority's determination that the Goods and Services or class of Goods and Services are available from only one source in a manner similar to the publie notice of Competitive Sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services to be acquired by a Sole Source Procurement. The Contracting Agency shall give such public notice at least seven days before Award of the , Contract. • . • After the Sole Source Procurement has been approved by the City Council,the following public • notice will be posted on the city's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us-Muer Owl . . • • PUBLIC NOTICE • • • • Approval of a Sole Source Procurement . First date of publication: • :IEnter dtttej A request for approval of a Sole Source procurement was presented to and approved ' by the City Council,acting as the Local Contract Review Board,on!Eder date]. . • • • It has been determined based on written findings that the following Goods and Services • are available from only one source. • Enter description ofgoads and service nrnne:o/venz tnconirtrctor, cost, ter ms'n,f contract, etc.. . The contract terms,conditions and specifications may be reviewed upon request by contacting[Enter Citycontoct name, department,and telephone number] . . • An affected person may protest the determination that the goods and services are available 1. from only one source in accordance with OAR 137-047-0710. A written protest shall be delivered to'the following address: City of Ashland,[Enter department name; contact name; old complete qdd,est], The seven(7)day protest period will expire at 5:00pm on 'Enter date seven calendar days from Jir:st date o,f publ ication] This public notice is being published on the City's Internet World Wide Web site at least • seven days prior to the award of a public contract resulting from this request for approval 'of a Sole Source procurement. . • • • • • Form#6-Sole Source—Goods and Services—Greater than$100,000,Page 3 of 3,7/5/2022 • { • . GOODS.AND SERVICES AGREEMENT (GREATER THAN$35,000) . PROVIDER: Andritz Separation Technologies,Inc. i , CITY O F PROVIDER'S CONTACT: Denis Piche • 188.,S H LAND 20 East Main Street , ' ADDRESS: 1010 Commercial Blvd South . . - Ashland,Oregon 97520 Arlington,TX 76001 . Telephone: 541/488-5587 • . Fax: 541/488-6006 EMAIL: denis.piche@andritz.com . • This Goods Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Andritz Separation Technologies,Inc., ("hereinafter "Provider"),for the purchase of Wastewater Treatment Plant Centrifuge.. 1 PROVIDER'S OBLIGATIONS . • . 1.1 Provide Wastewater Treatment Plant Centrifuge,as set forth in the"SUPPORTING DOCUMENTS" attached hereto to and,by this•reference,incorporated herein. Provider expressly acknowledges that time is,of he essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except'in the same manner as herein provided for authority to . exceed the maximum compensation. The goods and services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." • . 1.2 Provider shall obtain and maintain during the term of this Agreement and until.City's final acceptance of • all Work received hereunder,a policy or policies of liability insurance including commercial general liability ' • insurance with a combined single limit,or the equivalent, of$2,000,000(two million dollars)per occurrence for , . Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: Comprehensive General or Commercial 'General Liability, including personal injury, contractual liability,and products/completed operations.coverage; and • e Automobile Liability; and . • Workers' Compensation. . • 1.2.2 Each policy of such insurance shall be on an"occurrence"and not a"claims made"form,and shall: • . - • Include as additional insured "the City of Ashland, ,Oregon, its officers, agents•and ' employees" with respect to claims arising out of the provision'of Work under, this Agreement; • Apply to each included and•additional named insuredas though a separate policy had been issued to each,provided that the policy limits.shall not be increased thereby; • e Apply as primary coverage for each additional included insured except to the extent that two or more such policies are intended to"layer"coverage and,taken together,they provide total coverage from the first dollar of liability; • • • Provider shall immediately notify the City of any change in insurance coverage • 'o Provider shall supply an endorsement including the City;its officers,employees'and agents as additional insureds by the Effective Date of this Agreement; and e Be evidenced by a certificate or.certificates of such insurance approved\by the City. • Page 1 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,Inc. • CS t • 1.3 All subject employers working under this Agreement.are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.4 • Provider agrees that.no person shall,on the grounds of race,color,religion,creed,sex,marital status, • • familial status or domestic partnership, national origin, age, mental or physical disability, sexual • - orientation, gender identity or source of income, suffer discrimination-in the performance of this - . Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations.Further,Provider agrees not • to discriminate against•a disadvantagedbusiness enterprise, minority-owned business, woman-owned business,a business thata service:disabled veteran owns or an emerging small business enterprise certified • under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. • 1.5 In all solicitations.either by competitive bidding or negotiation made by Provider for work to be • performed under a subcontract,including procurements of materials or leases of equipment,each potential ' subcoptractor or supplier shall be notified by the Providers of the Provider's 'obligations under this • • Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. . 1.6 Living Wage Requirements: If the amount of this Agreement,is $24,050.68 or more, Provider is. • • • required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined • in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who • performs 50%.or more of the Work under this Agreement. Provider is also required to post the notice' i attached.hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. • . • • 2. CITY'S OBLIGATIONS" , • ' . 2.1 City shall pay Provider the sum of$452,400.00(four hundred fifty-two thousand US dollars)as provided • . , herein as full compensation for the Work as.specified in the SUPPORTING DOCUMENTS, exclusive j of any sales and use taxes. . 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed . • the sum of$452,400.00 (four hundred fifty-two thousand,four hundred US dollars) without express, • • written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or•authorize additional Work which would cause this maximum sum to•be exceeded and that any authorization.from • the responsible official must be in writing. Provider further acknowledges that any Work delivered'.or ' expenses incurred without authorization'as provided herein is done at Provider's'own risk and as a volunteer without expectation of compensation'or reimbursement. i . 3. GENERAL PROVISIONS 3.11 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole, discretion. ' , . 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. i 3.3 Provider is not entitled to,and expressly waives all'claims to City.benefits such as health and disability insurance,paid leave, and retirement. , 3.4 Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written • consent of the.City shall be void. Provider shall be.fully responsible for the acts or.omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any ' assignment or subcontract shall not create any contractual relation between the assignee or.subcontractor Page 2 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,Inc. $. • • . • \ . • . . and the City. Provider's purchase orders,for raw materials and components,shall not be considered an I "Assignment". ' • • 3,5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, • whether written or oral. 3.6 This Agreement,may be amended only by written instrument executed with the same formalities as this Agreement. . 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: . ORS 279B.220,279B.230 and 279B.235. • 3.8 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws • principles of venue. Any controversy or claim arising out of or relating to this Agreenient;or the breach hereof, or to the Goods or the Services provided pursuant hereto, shall be definitively settled by. arbitration, to the exclusion of courts of law, administered by the American Arbitration Association ("AAA") in accordance with its Construction Industry Arbitration Rules in force,at the time this • Agreement is signed and to which the parties declare they will adhere(the"AAA Rules"),and judgment . • on the award.rendered by the arbitrator(s)may be entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over,any of such party's assets. The . arbitration shall be conducted in Ashland, OR by a panel of three members, one of whom will be appointed by each of City and Provider and the third of whom will be the.chairman of the panel and will • be appointed by mutual agreement of the two party,appointed arbitrators.All arbitrators must be persons who are not employees,agents,or former employees or agents of either party.In the event of failure of the two party appointed arbitrators to agree within 45 days after submission of the dispute to arbitration • . upon the appointment of the third arbitrator, the third arbitrator.will be appointed by the AAA in • accordance with the MA Rules.In the event that either of City or Provider rails to appoint an arbitrator • • within 30 days after submission of the dispute to arbitration, such arbitrator, as well as the third • . • • arbitrator,will be appointed by the MA in accordance with the.AAA Rules. . 3.9 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions,,losses, damages, liabilities, costs, and expenses of any nature resulting from,arising out of,or relating to any third party claim for bodily injury or damage i . • to tangible property("Loss") in connection with the Goods or the Services provided by the Provider or . its officer's,employees;contractors,or agents under this Agreement but only to the extent such Loss has . been caused by negligence, willful misconduct or other legal fault of the Provider. Where such Loss • results from the Fault of both Seller and Buyer or a third party, then Seller's defense and indemnity • obligation shall be limited to the proportion of the Loss that Seller's Fault bears to the total Fault, . 3.10 Neither party to this Agreement shall hold the other responsible for•damages or.delay in performance • j • • caused by acts of God, strikes, lockouts, accidents, acts or advisories of governmental or • .quasigevernmental authorities, regulations,wars, insurrections, epidemics,pandemics or other threats . to public health, or other events beyond the control of the other or the other's officers, employees or agents. • . • 3.11 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the•other provisions, but such unenforceable provision shall be deemed • . modified to the extent necessary to•render it enforceable,preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. . Page 3 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,Inc. . I • • • • • • • 3.12 Deliveries,will be DDP Jobsite, per INCOTERMS 2020. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final • inspection and acceptance of the Goods by the•City upon delivery to site,prior to unloading. • 3.13 The City may inspect and test the Goods,.The City may reject non-conforming Goods and require - Provider to correct them without charge or deliver them at a.reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this , • Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its • rights under the Uniform Commercial Code,ORS Chapter 72 (UCC). 3.14 Provider represents and warrants that the Goods are new, 'current, and fully warranted by the • • manufacturer,per below.Delivered Goods will comply with SUPPORTING DOCUMENTS and be free . , from defects in labor,material and manufacture.Provider shall transfer all warranties to the City. This • warranty shall commence upon delivery"of the Goods,and shall expire on the earlier to occur of 12 • months from initial operation of the Goods and 18 months from delivery thereof-:(the "Warranty Period"). • (a) If during the Warranty Period City discovers a defect in material or workmanship•of the Goods• (Equipment & Parts) and•gives Provider written notice thereof within 10 days of such,discovery, Provider will, at its option, either deliver to City, on the same terms as the original delivery was made, according to INCOTERMS 2020, a replacement part or repair the defect in place. Any repair or • " replacement part furnished pursuant•to this warranty are warranted against defects in material and workmanship for one period of 12 months from completion of such repair.or replacement, with no • • further extension.Provider will have no warranty obligations for the Goods under this Section.3 .14(a): • (i) if the Goods have not been stored, installed, operated and maintained in accordance with generally approved industry practice and with Provider's specific written instructions; (ii)if the Goods are used in connection with any mixture or substance or operating condition other'than that for which they were designed;(iii)if City fails to give Provider such written.10 day notice; (iv) if the Goods are repaired by someone other than Provider, without Provider's approval, or.have been intentionally or accidentally damaged; (v) for corrosion, erosion, ordinary wear and tear or in respect of any parts which by their. nature are•exposed to severe wear and tear-or are considered expendable;or(vi)for expenses-incurred • for work in connection with the removal of the defective articles and reinstallation following repair or replacement. . . • • (b)In the case of Services,Provider warrants to City that the Services.performed will be free from defects in workmanship and will conform to any mutually agreed upon specifications.If any failure to meet this • warranty appears within 12 months from the date of completion of the Services, on the condition that Provider be promptly notified in writing thereof,.Provider as its sole obligation for breach of this ' • warranty will correct the failure by re-performing any defective portion of the Services .finnished. • Provider does not warrant the accuracy of, or performance, results of, any conclusions or " recommendations provided, nor that any desired objective will result from the Service provided and • Provider shall not be liable for any Ioss of use or any production losses whatsoever. (c) •THE EXPRESS WARRANTIES PROVIDER MAKES IN THIS SECTION,3.14 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER STATUTORY; ORAL,EXPRESS OR IMPLIED.IN PARTICULAR,THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (d) The remedies provided in Section 3.14(a) and 3.14(b)s are City's exclusive remedy for breach of • warranty. . • • • . 4. SUPPORTING DOCUMENTS • • • Page 4 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,inc. • • • 4.1 The following documents are, by this reference, expressly incorporated in this Agreement; and are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" The City's written Bid dated March 24,2022(ANDRITZ Proposal No.3660867-1,Rev. 1,Dated 18-Mar-2022. • • • 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of • • • the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documentsshall be given precedence in the order listed in Article 4.1. { • 5. REMEDIES 5.1 In the event Provider is in default of this'Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: • 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively,upon attaining the liquidated damage cap for'delay; . 5.1.3 Initiation of an action or proceeding for damages, specific performance, or'declaratory or • .injunctive relief; • • 5.1.4 These remedies are cumulative to the extent the remedies are notinconsistent,and City may pursue any remedy Or remedies singly,collectively,successively or in any order whatsoever. • 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or . • for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. • f • i 6. TERM AND TERMINATION" • • '?. 6.1 Term • • This.Agreement shall be effective from the date of execution on behalf of the City as set forth below (the`Effective Date"),and shall continue in full force and effect until"January 31,2024 unless sooner terminated as provided in Subsection 6.2. 6.2 Termination , • 6.2,1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty (30) days' prior written notice,terminate this Agreement • for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may.terminate this Agreement, with cause, by not less than thirty (30) days' prior written notice if the cause isnot cured within that thirty(30)day period after written notice. Such termination is in addition to and not in lieu of anY other remedy at law or equity. 6.2.4 City and Provider recognize the delays, expense and difficulties involved in.proving in a legal or .• arbitration proceeding the actual losses or damages suffered by City if complete acceptable Equipment ' is not delivered on time. Accordingly, and instead of requiring proof of such losses or damages, City and Provider agree that as liquidated damages for delay(but not as a Penalty, and as a sole remedy for • delay)in delivery of the Equipment,after a one week grace period Provider shall pay City at the rate of 1 % of the total contract price per week, the equipment is delayed past the agreed delivery period, • Page 5 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,Inc. • • • • i r i • , . • provided delay is not due to an incident of Force Majeure or otherwise excusable, not to exceed 5%of • • . the total contract price. City shall retain right to terminate if cap is exceeded. ! • 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in . • writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered.or certified United States mail, return receipt requested,postage prepaid;to the address set forth below: - . If to the City: . . • City Department ' " ' ' . ' Attn: Chance Metcalf • • 20 E.Main Street • • Ashland, Oregon 97520 • • . Phone: (541)488-5587 With a copy to: City of Ashland—Legal Department 20 E:Main Street • • Ashland, Oregon 97520 • - • ' Phone: (541)488-5350 . • If to Provider:.• • • Andritz Separation Technologies,Inc. Denis Fiche 1010 Commercial Blvd South • • • Arlington,TX 76001 , 8. •WAIVER OF BREACH , One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, . or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,-whether • • or not-of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: • 9.1.1 Provider shall, throughout the term'of this Agreement, including any extensions hereof, comply with: • (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS - chapters 316,317,and 318; - •- . - (ii) Any tax provisions imposed by a political subdivision of the State of Oregon:applicable to Provider; and . . , • (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforde any of the foregoing tax laws or provisions. . 9.1.2 Provider,for a period of no fewer than six(6) calendar years preceding the Effective Date of this • Agreement, has faithfully complied with: • (i) ' All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS • • chapters 316,317,,and 318; • F (ii) Any tax provisions imposed by a political subdivision of the.State of Oregon applicable to . . • Provider; and . ( . (iii) •Airy rules,regulations, charter provisions, or ordinances that implement or enforce any of . •the foregoing tax laws or provisions. Page 6 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,Inc. ,. 9.2 Provider'sfailure to comply with the tax laws of the State of Oregon and all applicable tax laws of any • political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further,' • any violation of Provider's warranty, as set forth in this Artiele 9,shall constitute a material breach of this Agreement.Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law, or in equity. • 9.3 Any Goods delivered to the City under this Agreement shall be provided to the City free and clear of any and all restrictions on or conditions of its use,transfer,modification, or assignment, and shall be ' • free and cleat' of any and all liens, claims, mortgages, security interests, liabilities; charges, and encumbrances of any kind. • 10. OWNERSHIP OF DOCUMENTS . . . i• 10.1 Provider maintains all of its proprietary rights related to its products, software and manufacturing , ' processes,including all product components,software and preexisting product designs.Provider hereby • grants City a •perpetual, non-exclusive, non-transferable, fully paid-up, royalty-free, license to use . Provider's confidential and.intellectual properly in connection with the City-owned portion of the Goods and/or Services for its specified purpose at the City facility for which such Goods and/or Services were originally purchased under this Agreement.City owns all tangible and Intellectual property rights in any • • goods, equipment(including the Equipment}, apparatus, documents,drawings,computer software and • artwork which City provides to Provider. • 11.LIMITATION OF LIABILITY 11.1 In no event,whether based on contract,tort(including negligence),strict liability or otherwise,shall . . Provider,its officers,directors,employees,subcontractors,suppliers or affiliated companies be liable to • the City or any third party for loss of profits,revenue or business opportunity;loss by reason of shutdown • of facilities or inability to operate any facility at full capacity, or cost of obtaining other means for i • performing the functions performed by the Products, loss of future contracts,claims of customers,cost • of money or loss of use of capital,in each case whether or not foreseeable, or for any indirect, special, • or consequential damages of any nature resulting from, arising out of or connected with the Products, Services;or this Agreement or from the performance or breach hereof. ' 11.2 Except for Provider's indemnification of third-party claims for bodily injury or damage to tangible • property arising out of Provider's negligence,the aggregate liability of Provider, its officers, directors, employees, subcontractors, suppliers oi• affiliated•companies, for all claims of any.kind for any loss, • . • damage, or expense resulting from, arising out of or,connected with the Products, Services or this • . Agreement or from the performance orr breach hereof,together with the cost of performing make good • • obligations to pass performance tests, if applicable,shall.in no event exceed$750,000.00. • ' 11.3 The limitations and exclusions of liability set forth in this Section 11 shall take precedence over.any other provision of this Agreement and shall apply whether the claim of liability is based on contract, • warranty,tort(including negligence),strict liability,indemnity,or otherwise.The remedies provided in • • 'this Agreement are the City's exclusive remedies. 11.4 All liability of Provider, its officers,.directors, employees, subcontractors, suppliers or affiliated • •companies; resulting from, arising.out of or connected with the Goods, .Software, Services or'this • • Agreement or from the performance or breach hereof shall terminate on the third anniversary of the date • • of this Agreement. . ' Page 7 of 6: Goods and Services Agreement between the City of Ashland and'Andritz Separation Technologies,Inc. • • , . IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. - • CITY OF ASHLAND: ANDRITZ SEPARATION TECHNOLGIES INC. (PROVIDER): • By: Joselr41. s441-114sard,City A/2 PIP 36se_ph L • Le50,,Irci By: r Printed Name S. Signature X11/.22_ Date- Rodney Mueller Printed Name . ao.7,0 Assist.Treasurer' • • Title • Purchase Order No. • July 2022 Date (W-9 is to be submitted with this signed Agreement) • AP' I D AS TO FORM: , y Attorne • • . . 06/30/2022 • . 5 5 • Date • • • • • • • Page 8 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,Inc. • • { • • • • j • • EXHIBIT A •• CITY OF ASHLAND, OREGON . • • City of Ashland • •. • • . LIVING • . ALL employers described - WAGE • .• • below must comply with City • • • of Ashland laws regulating - ' payment of a living wane. • . Si 7,0 per h+ ur,effective June 30, 2022. �1 The Living Wage is adjusted annually every • June 30 by the Consumer Price Index. • Employees oust be paid a portiorotddie horsiness of of health care,retirement, . ' • • living wage: their employer,if the • 401K,and IRS efigible • employer has ten or mere cafeteria plans(ineluohng • employees,and has received . childcare)laenelllsto the ' Far alii hours v c ert under i . . financial'assistance for-ve employee's.amount of vra�ges. •service contract between their projector I irbes,front the • . • . employer and the.City of City of Ashland over •i Note: For temporary and • Ashland if the contract • $24,050.68; • part-time employees,the Living Viagedoes not apply • ( exceeds$24,050 01ormore. . s i 11 ttheir employer is the City of to le lust 1040 hours%mrkec9 f Fav a9iuri vicv eiFin a Ashland;including 1hePairs in any calendar year.-For • month,dike.employee and Recreation Department. more detains,please fee spends 50%or mare of the As6rland etrarricigaalurfe employee's irothat month • :f In calculating the lirrngv age, . Seton 3.12.020. • employers may acrd dm value � worging on a project or • - . For•additional information; Call U Astrlend Cut Managers office at 541-488-6002 orwrireto tine City Manager, ' . Oily Hall,20 East Main Street,Ashland,OR 97520,or visit the Cid website at www.ashland.or.us: . .. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. I . . CITY OF • ASHLAND . Page 9 of 6: Goods and Services Agreement between the City of Ashland and Andritz Separation Technologies,Inc. • • • A ' CERTIFICATE OF LIABILITY INSURANCE , DATE(MMVDD/YYYY) 07/1312022' THIS CERTIFICATE IS' ISSUED AS A MATTER OF INFORMATION •ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR 'NEGATIVELY AMEND, EXTEND OR 'ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS 'CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE'OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. d If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement-on g: this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). • - m PRODUCER - IC rel , . V Aon Risk Services Central, Inc. • p{{oNE Ax {AIC.No.Eat): (866) 283-7122 rac.No.): 800-363-0105 I• s Philadelphia PA office o 100 North lath Street E-MAIL = 15th Floor ADDRESS: Philadelphia PA.19103 USA INSURER(S)AFFORDING COVERAGE • NAIC N INSURED INSURER A: Liberty Mutual Fire Ins.Co 23035 Andritz Separation Inc. INSURER B: Liberty Insurance Corporation 42404 1010 Commercial Blvd., South Arlington TX 76001 USA INSURER C: • INSURER D: • ' INSURER E: • INSURER F: - COVERAGES CERTIFICATE NUMBER: '570094535330 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED,HEREIN IS SUBJECT TO ALL THE TERMS, pp ��p pp EExXpp Limits shown are as requested LTR TYPE OF INSURANCE ' /NSU SWVD POUCY NUMBER (MMVDO/YYYY) (MhVODf VY) LIMITS , A X COMMERCIAL GENERAL LIABILITY TB2651004304102 06/01/2022 06/01/2023 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED $1,000,000 CLAIMS-MADE I X I OCCUR • PREMISES(Ea occurrence) . ' L-1 MED FRCP(Any one person) $5,000 PERSONAL&ADV INJURY $10,000,000 0 • GENERAL AGGREGATE' • $2,000,000 t GEN'LAGGREGATE LIMIT APPLIES PER: h� m • X POUCY J Wi 0LOC • PRODUCTS-COMP/OP AGG $I0,000,000 m OTHER: • o 0 • A AUTOMOBILE LIABIUTYAS2-651-004304-032 06/01/2022 06/01/2023 COMBINEDSINGLELIMrr $2,000 000 (Ea accident) , —' X ANYAuro • BODILY INJURY(Per person) O • Z —SCHEDULED BODILY INJURY(Per accident) OWNAUTOS N ONLY AUTOS PROPERTY DAMAGE id HIRED AUTOS NON-OWNED • (Peroccident) —ONLY. _AUTOS ONLY . . • ID • UMBRELLA LIAB OCCUR 0 EACH OCCURRENCE , t.) EXCESS UAB CLAIMS-MADE AGGREGATE DED RETENTION • , B WORKERS COMPENSATION AND WA765D004304132 • 06/01/2022 06/01/2023 X PER STATUTE ETH- • EMPLOYERS'LIABILITY Y/N (AOS) R B ANY PROPRIETOR/PARTNER/ N NIA WC7651004304142„ 06/01/2022 06/01/2023 E.L EACH ACCIDENT $1,000,000 'EXECUTIVE OFFICERIMEMBER ' (Mandatory In NH) (NII) • E.L DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 151.Additional Remarke.Schedule,may be attached If mom apace le required) General Liability policy includes Cross Liability/Severability of Interest Clause. RE: Project Name: Goods and Services o Agreement (Greater Than $35,000). The City of Ashland, Oregon, its officers, agents and employees are added as an Additional '`I ' Insured with respect to the General Liability and Automobile Liability policies, if required by written contract with sem. Certificate Holder and subject to the policy terms, conditions and'exclusions. General Liability and Automobile Liability policies evidenced herein is Primary and Non-Contributory•to other insurance available to the Certificate Holder, but only to the extent required by written contract with the Insured and always subject to the policy terms, conditions and exclusions. -. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ai . City of Ashl and AUTHORIZED REPRESENTATIVE 20 East Main Street Ashland OR 97520 USA ' . ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • • • POLICY NUMBER:TB2-651-004304-101 COMMERCIAL GENERAL LIABILITY • CG 20 37 0413 • • THIS ENDORSEMENT CHANGES THE.POLICY, PLEASE READ IT CAREFULLY. • • ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS--COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following .is added to. organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for. "bodily injury" or If coverage provided to the,additional Insured is . "property damage" caused, in whole or in part, by required by a contract or agreement, the most we your work at the location designated and will.pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". • 1. Required by the contract or agreement;or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law;and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. • • required by a contract or agreement, ',the ' insurance afforded to such additional insured • will not be broader than that which you are • ' required by the contract or agreement to provide for such additional insured. • SCHEDULE '- Name Of Additional lnsured'Person(s) ' Or Organization(s): ' Location And Description Of Completed Operations Any person or organization for whom you have Where the applicable written.agreement require the contractually undertaken in writing,prior to a loss,to insured to provide liabilty insurance on a primary, provide liability insurance excess,contingent,or any other basis,this policy will apply solely on the basis required by such written agreement and Item 4.Other Insurance of SECTION IV of this policy will not apply Information required to complete this Schedule,if not shown above,will be shown in the Declarations. • • • . • CG 20 37 0413 ' . ©Insurance Services Office,Inc,,2012 Page 1 of 1 • i ' • COMMERCIAL GENERAL LIABILITY • CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR • CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT • This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART • • A. Section II — Who Is'An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: • performing operations when you and such This insurance does not apply to: . person or organization have agreed In writing.in 1. "Bodily injury", "property damage" or"personal a contract or agreement that such person or and advertising injury" arising out of the organization be added as an additional insured rendering of, or the failure to render, any on your policy;and professional architectural, engineering or 2. Any other person or organization you are surveying services,including: required to add as an additional insured under a. The preparing, approving, or failing to the contract or agreement described in Paragraph 1.above. prepare or approve, maps, shop drawings, • opinions, reports, surveys, field orders, Such person(s) or organization(s) is an additional J change orders or drawings and insured only with respect to liability for "bodily specifications;or • injury', "property damage" or "personal and b. Supervisory, inspection, architectural or advertising injury"caused,in whole or in part,by: engineering activities. a, Your acts or omissions;or This exclusion applies even if the claims against b. The acts or omissions of those acting on any insured allege negligence or other your behalf; 7 wrongdoing • in the supervision, hiring, in the performance of your ongoing operations for employment, training or monitoring of others by the additional insured. -' that insured, if the"occurrence" which caused the "bodily injury" or "property damage", or the However, the Insurance afforded to such additional offense which caused ' the "personal' and insured described above: advertising injury",involved the rendering of,or the a. Only applies to the extent permitted by law; failure to render, any professional architectural; • and engineering or surveying services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after: provide for such additional insured. a. All work, including materials, parts or A person's or organization's status as an equipment furnished in connection with additional insured under'this endorsement ends such work,' on the project (other than when your operations for the person or service, maintenance or' repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the-additional ' completed. 0 • insured(s) at the location of the covered • operations has been completed;or • CG 20 38 0413 ©Insurance Services Office, Inc.,2012 . Page 1 of 2 • • b. That portion of"your work" out of which the 2. Available under the applicable Limits of injury or damage arises has been put to its Insurance shown in the Declarations; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged In• performing This endorsement shall not increase the applicable, operations for a principal as a part of the Limits of Insurance shown in the Declarations. same project. C. With respect to the Insurance afforded to these additional insureds, the following Is added to • • Section III—Limits Of Insurance: . The most we will pay on behalf of the additional insured Is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.;or • • • • • • • . •• • • • • • • • • • Page 2 of 2 • ©Insurance Services Office,Inc.,2012 CG 20 38 0413 • . . • . • . , • . A • . . . • . • . • , . i . . . . . i , . , , , . • . . . . . i March 24,2022 ' page:1(total 1) i •City of Ashland ' • 90 North Mountain Ave. • Ashland-, OR 97520 • • Attn: . Mr. David Gies—Wastewater Supervisor I. Subject: Supply of Replacement ANDRITZ Centrifuge for the City of Ashland WWTP • Dear Mr. Gies, . ANDRITZ SeparationTechnologies Inc.(ASTI)is an original equipment manufacturer(OEM) of liquid/solid _ separation equipment and hold the sole rights and ownership to the ANDRITZ D5LL and ANDRITZ D5LX centrifuges as installed or proposed for installation at the Ashland WWTP.All manufacturing components are based on ANDRITZ's proprietary drawings and ANDRITZ engineered specifications. . w y . W , . ANDRITZ SeparationTechnologies, Inc. is the exclusive sole source supplier of these centrifuge models u 'i through our local.representative APSCO for the state or Oregon and we do not operate with any regional N or local local distributor networks. No other entity, secondary supplier,third party or company has legal : o w rights to act as a representative or perform mechanical services representing ANDRITZ or ASTI for this . • cd• w • equipment. • ' z . 3 . z . m . • Sincerely, • '• •• •• et,‘,4,—g-4°1-. . . • . . • Bruce SoRelle • 0 * . • National Sales Manager0 . • • ANDRITZ Separation Technologies Inc. 1010 Commercial Blvd South Arlington,TX 76001. (817)266-9732 Cell (817)419-9732 • • Bruce.sorelle@andritz.com • . • . ANNUM ANDRITZ Separation Technologies Inc.11010 Commercial Blvd.S/Arlington,TX 760011 andritz.com • . • .• p ' f • • ' I March 24,2022 Page:1 of 2 City of Ashland 90 North Mountain Ave. I Ashland, OR 97520 • • Attn: Mr. David Gies—Wastewater Supervisor • Subject:ANDRITZ Replacement Centrifuge for the City of Ashland WWTP Dear Mr.Gies, • • ANDRITZ SeparationTechnologies Inc.(ASTI)is proposing to replace your existing D5LL centrifuge with the D5LX which is the newer upgraded model.The D5LX proposed for the centrifuge replacement has the same bowl diameter and same motor sizes as the existing D5LL.The D5LX has a different configuration which offers improved performance, lower power consumption,and reduced vibration in comparison to the current D5LL. • v The DSLX centrifuge can be mounted on the same concrete piers as the existing unit with no major ' y structural modifications or changes to the floor openings,using a support stand and chutes that have a been.included in the ANDRITZ proposal.This is a big advantage over replacing your centrifuges with C zanother supplier's equipment,since that would entail significant costs fora complete redesign of the ` facility. • z w ANDRITZ has prepared a layout drawing of the new centrifuge with this support mounting. Also included in the scope of supply are the transition chutes so that you can connect to the existing chutes with no modifications rquired to the floor openings. This mounting arrangement has been used by Andritz at other plants that have replaced their older D5LL machines with the newer D5LX machines. • The proposed DSLX is currently in stock in Pittsburg,Texas,and has been put on hold for a 30-day period pending confirmation of your order.This centrifuge is presently stored in a crate,and is ready for final assembly with the installation of drive motors and instruments. Because it has been in storage, I ANDRITZ would replace the bearings and seals and test run the machine before final delivery.Please note that by using the stock machine,this provides Ashland with a lower price and better delivery than if . we were starting out with a-newly ordered machine based on current supply chain issues and ongoing • material cost increases. Ale TL • • l ANDRITZ Separation Technologies Inc./1010 Commercial Bled,S/Arlington,TX 76001/andriiz.com • ♦. • • • • • • Page:2(total 2) Our proposal includes a new VFD/Starter Panel and a new PLC/Control Panel with the latest controls.The motors for the D5LX are the same as the existing D5LL,and the control system configuration is similar.As an option,it may be possible to carry out a full controls upgrade by installing new VFDs,PLC and touch screen in,the existing enclosures,along with any other required upgrades. By upgrading the existing . panels on site,the cost of the equipment package would be Similar,but this would potentially reduce your overall installation costs since you would not have to pull out the existing cabinets and put in new ones in with the associated wiring costs,etc.This option can be evaluated at the start of the project. Once the new centrifuge is installed,ANDRITZ would be interested in buying back the existing D5LL. Thank you for the opportunity to assist you on this project. Please feel free to contact me or Shawn Clark if you need any additional information. . N i Sincerely, w ' u W i C ll! Denis Piche Regional Sales Manager—US Northwest • • W i ANDRITZ Separation Technologies Inc. • 1010 Commercial Blvd South • Arlington,TX 76001 Mobile: (430)650-4131 • denis.piche@andritz.com • Local Representative: S . • APSCO LLC 922 NW Circle Blvd. Box#405,Ste.160 ; Corvallis OR 97330-1410 Mobile:(541)602-3016 • sclark@apsco-Ilc.com • i • - I • • A • Firm Proposal • Ashland WWTP — Ashland, OR D5LL Centrifuge Replacement - D5LX Centrifuge Proposal: 3660867-1-Rev-1 Date: 18-Mar-2022 • • • 111 0 re • • � W i Prepared by: Local Representative: ANDRITZ'Separation Technologies Inc. APSCO LLC 1010 Commercial Blvd. S. Corvallis, OR Arlington,TX, 76001 USA Denis Piche—Regional Manager NWUS Shawn Clark—Vice President Tel: (403) 650-4131 Tel: (541) 602-3016 Email: denis.piche@andritz.com Email: sclark@apsco-llc.com . 1 �MRWL ANDRITZ Separation Technologies Inc.1 1010 Commercial Blvd.South/Arlington/TX 76001/USA/Phone:+1(817)465 5611/Fax:+1(817)468 3861 Confidential document.All rights reserved.No duplication or disclosure to third parties permitted without the written consent of ANDRITZ. . i ' t • . A . • • page:2(total 16) • • Contents ' • • 1. DESIGN CRITERIA AND CENTRIFUGE SIZING 3 I� 2. CENTRIFUGE TECHNICAL DATA 4 3. SCOPE OF SUPPLY 6 4. PRICING AND COMMERCIAL TERMS 10 5. ANDRITZ STANDARD TERMS AND CONDITIONS OF SALE 13 APPENDIX A—PRELIMINARY CENTRIFUGE DRAWINGS 16 • • • • • • • • • • ' , Ashland VrP—D5LL Centrifuge Replacement 3660867-1-Rev-1 VW ANDRITZ D5LX Centrifuge Date:18-Mar-2022 1 • • . A • page:3(total 16) • 1. DESIGN CRITERIA AND CENTRIFUGE SIZING 1.1 Design Criteria . l Application Municipal Wastewater Sludge Dewatering Type of sludge Waste Activated Sludge • Feed solids concentration 1.0—2.0%TS Design flow 140 gpm—to be confirmed Design solids load 700-1400 Ib/hr at 140 gpm—to be confirmed 1.2 Centrifuge Selection and Expected Performance Centrifuge Model ANDRITZ D5LX Decanter Centrifuge Minimum dryness Simlar to existing D5LL Estimated polymer dosage Similar to existing D5LL Solids capture rate z 95%of TSS • Notes: Dewatering performance and polymer dosage subject to testing a representative sample of sludge. • •• �. . I • • • ' Ashland WN TP-DSLL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Dater 18-Mar-2022 • I • • A • page:4(total 16) 2. CENTRIFUGE TECHNICAL DATA 2.1 General Data • 04,v' f '� A� fxk � \.tl • Model Number: D5LX Dimensions(L x W x H): 162 x 48 x 70 in Empty Weight including drives: 10,606 lb Full weight with water: 12,727 lb Inside Bowl Diameter: • 20.5 in Bowl Length: 90.2 in .Maximum bowl speed: 3200 rpm G value at maximum speed: 3000 Scroll type: Counter-Current, High Performance Type of drives: AC,VFD controlled Main drive motor size: 100 HP Back drive motor size: 20 HP Main Bearing Lubrication: Grease lubricated Bearing L-10 rating: minimum 100,000 hours Gearbox Type: • • In-Line Cycloidal Reducer(Sumitomo) Gearbox Torque Rating: • 7,960 Nm • Noise Level: <85 dB(A)measured at nominal speed from 1m while empty •Vibration Level: <0.18 in/s maximum on bench test at nominal speed (ISO 10816-1) Wash water flow rate: 50-100 gpm for 10-15 minutes at 40-50 psi supply pressure Centrate air vent requirement: 120 cfm Pond depth adjustment: Adjustable sliding weir plates with.Turbojet Nozzles • Minimum sludge feed pressure at manifold: 7.5 psi Area Classification for Centrifuge Location General/Non-Classified Ashland VWVTP=D5LL Centrifuge Replacement 3660867-1=Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 ti t.. • • A page:5(total 16) • 2.2 Materials of Construction Bowl: 2304 Duplex stainless steel Feed Chamber: • 316L stainless steel • Solids Discharge: 316L stainless steel Scroll Conveyor: 316L stainless steel Scroll conveyor flights: • 316L stainless steel Feed Pipe: 316L stainless steel Housing Casing: 316L stainless steel Frame: Carbon steel, epoxy coated Bowl Cover: • FRP Drive Guards: • FRP Fasteners: 316 stainless steel Seals: BUNA N • 2.3 Centrifuge Wear Protection •Scroll Conveyor Flights: Tungsten carbide tiles over full length of scroll , Feed Chamber: Flame sprayed tungsten carbide with replaceable polyurethane liner ' Conveyor Feed Ports: Field-replaceable sintered tungsten carbide inserts Solids Discharge Ports: Field-replaceable sintered tungsten carbide inserts Bowl Wall: , Integral cylinder and cone grooving Cake Discharge: Replaceable stainless steel shroud • Ashland WNW—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • r A page:6(total 16) 3. SCOPE OF SUPPLY 3.1 Dewatering Centrifuge Equipment Items Qty:- Descrpti'o,n,' 1 ea. ANDRITZ D5LX Decanter Centrifuge • • 2304 duplex stainless steel bowl with machined infernal grooves • 316L stainless steel scroll with tungsten carbide tiles • 316L Stainless steel wetted parts • Carbon steel frame with epoxy coating • • Field-replaceable sintered tungsten carbide feed and discharge ports • • . FRP bowl cover and FRP drive guards • 100 HP main drive,460V,TEFC, IP55,WEG • 20 HP back•drive,460V,TEFC, IP55,WEG • Power regenerative drive system • • Cyclo gearbox • • Bearings L-10 for minimum 100,000 hours • Vibration isolators • Centrifuge located in non-classified area Solids Discharge Connection with Slide Gate: • • SS316 cake discharge chute with sample port to connect to existing D5LL discharge chute, including flex connection between centrifuge and chute. • Centrate Discharge Connections: • • SS316 centrate chute with sample port to connect to existing D5LL discharge chute, including flex connection between centrifuge and chute Feed Connections: • SS316 pipe manifold connection for the sludge feed, polymer and wash water c/w a flexible connector Support Stand(refer to Drawing 3660867-1) • Hot-dip galvanixzed steel support stand to raise the D5LX to the same height as the existing D5LL, supported on the existing concrete piers. Centrifuge Machine Wiring and Instruments: • NEMA 4X304 SS Terminal Box wih Pheonix Contact Terminal Block • Two (2) bearing temperature sensors,WEED Instruments • Two(2)vibration sensors, IFM VKV022 • One(1) bowl speed sensopr, P+F Ashland MAIM—D5LL Centrifuge Replacement 3660867-1-Rev-1 JI ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • • . I A page:7(total 16) _ - t • kern 'Qty•, Descriptt n 2 1 ea. Centrifuge VFD Starter Panel • NEMA 4X Stainless Steel 316L, Freestanding,with Air Conditioner • 460 VAC Power Input • 25KAIC @ 480 SCCR Main Breaker Rating • DC Bus Fuse Kit • 3-Phase Fuses 0 f • Allen Bradley VFD Power Flex 755 100H ND with Safe-Torque-Off and Door Keypad • Allen Bradley VFD Power Flex 755 20HP ND with Safe-Torque-Off and Door Keypad j • DC Bus Connection between Bowl and Scroll VFD's • 24VDC Power Supply • Control Relays • Miniature Circuit Breakers for Low voltage loads • Ground Bar 11I • Control Power Transformer • Light Package l , • E-stop mounted on door • • Phoenix Contact Terminal Blocks • UL 508a Listed 3 1 ea. Centrifuge Control Panel •. NEMA 4X Stainless Steel 316L,Freestanding with Air Conditioner • 120VAC Power Input • 5KAIC @ 120V SCCR • PLC: Compactlogix • OIT:PanelView Plus 7 10" • Control Relays . • DC Power Supply • Unmanaged Ethernet Switch • Surge/Filter • Interposing Relays j • Safety Relay • E-stop mounted on door • Lighting Package • Phoenix contact Terminal Blocks .• UL 508a Listed - I • I Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 . A ' | / page:8(tota16) . ` ! � • � � ' Itemj�y,` � ' ~ . trifittort -^-_- __ ----__---- .- 4 1 lot Centrifuge Standard Tools • One(1)Scroll lifte • • One(1)set of slings and shackles for lifting rotating assembly • One(1) Pin� axhradnr • One(1)Scroll thrust bearig extractor • One(1)Greasing set • One(1)set ofwrenches • One(1)set of threaded rods • One(1)grease pump • • • One(1)tool box • One(1)lot lubricants for firsfill 5 1 lot Centrifuge Spare Parts for One Year O ' • One(1)set of main bearings • One(1)set Gaskets, 0-rings andSeals • One(1)set Drive belts • ' \ 6 1 lot Engineering and Shop Drawing Submitta ANDR[TZwill supply the following documents(one o'oop�: • Arrangement drawings with dirensions for the ANDRITZ scope • Motor list • Written sequence of operation including all interlocks • Electr�o|dn�wingnwdhoontn�|pone!�youtondtarm�o|boxd�a� • • Mechanical drawings ' • Installation, operatiandmonbenonoamanun|o(3ha�o�pie� " Seismic calculations stamped by Oregon PE 7 1 lot Freight to Jobsite(unloading not included) • 8 1 lot Manufacturer's Site Services: • Installation Checkout,Startup,Testing and Trhning: 1thp/Sdaya ' Ashland vmWTP—osuCentrifuge Replacement \ 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mop202e • \ / ` | • • � 4 1 • • f page:9(total 16) ••3.2 Excluded from ANDRITZ Scope of Supply The Andritz scope of supply does not include the following items as may be necessary for equipment installation&operation to the performance levels specified: • Civil and structural engineering work, including design&supply of structural steel &concrete as needed for support of the Andritz supplied equipment •. Static calculations of foundations, building and building plans(Andritz will furnish load data) • Building modifications • Platforms and access stairs or ladders ' •• All utilities required for operation,and erection • 'Unloading and unpacking at site • Installation • Cranes or other lifting devices to install equipment • Other instrumentsnot specified in our scope of supply • On-site wiring, piping or installation outside of skid assembly . • Interconnecting piping,valves,fittings,drain hoses, outside of skid assembly I� • Wash water pump f • Sludge feed tank l� • Sludge feed pump I • Sludge flowmeter • • • Diverter gate • Cake discharge conveyor or cake pump • • ' Centrate receiving tank and pump • Lifting frame or hoist for centrifuge maintenance S • Polymer for startup and performance testing I • Laboratory testing for startup and performance testing • Ashland 1 —D5LL Centrifuge Replacement • a66D867-1-Rev-1 MMPII ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • • A • page:10(total 16) 4.. PRICING AND COMMERCIAL TERMS 4.1 Dewatering Centrifuge Equipment Item City Description fBud'get:Priice, 1. 1 ea. ANDRITZ D5LX Centrifuge Included 2 1 ea. Centrifuge VFD Panel Included 3 1 ea. Centrifuge Control Panel Included 4 1 lot Standard Tools • Included • t 5 1 lot Spare Parts Included 6 1 lot Engineering and Shop Drawing Submittal Included 7 1 lot Freight to Jobsite Included 8 1 lot Manufacturer's Site Services Included BUDGET PRICE for One(1)D5LX Centrifuge $452,400.00 Price in US Dollars,DDP Jobsite,taxes not included 4.2 Terms and Conditions This proposal is based on the attached ANDRITZ Separation Technologies Inc."Standard Terms • and Conditions of Sale"provided as a basis for reaching mutually acceptable Terms and Conditions. • • Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • r • • • page:11(total 16) 4.3 Special Conditions • Prices are,quoted in US Dollars. • • Pricing is valid until March 31,2022 andis based on using a stock D5LX which is currently • avaialble'at•our shop in Pittsburg,Texas,•which has been put on hold for Ashland until March • 31,2022. ' • Warranty period is the earlier of 12 months from startup and 18 months from delivery • ( Pricing above doe's not include any local,federal taxes,permits or other fees. • •• The quoted price in\this proposal has been calculated based on the current market prices • required to manufacture the quoted equipment and services pursuant to regulations, duties and • law in effect as of the date of this proposal. In the event that the introduction of new tariffs, • levies, duties, regulations, or any type of legislation by a domestic or foreign government has the effect of increasing the price of the quoted equipment or services,ANDRITZ reserves its right to adjust its quoted price in order to reflect these increases in cost. Nothing in this document or in any of the applicable contractual documentation shall be construed as a waiver of this right. • 4.4 Terms of Payment • Andritz Separation proposes the following payment terms(net 30 days): • • 30% upon issue of Submittals I • • 60%upon Equipment Delivery ' • 10% upon Equipment Startup, not to exceed 180 days from Delivery • 4.5 Delivery Schedule I • Delivery'is based on the use of a new D5LX centrifuge that is currently in stock at our shop in • Pittsburg,Texas, and is ready for final assembly.The control panels will be built and programmed at our facility in Arlington,Texas. • Drawing submittal: 4-6 weeks after executed PO Equipment ready to ship: 20-24 weeks after return of approved drawings • Ashland WIMP=D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • • • • page:12(total 16) 4.6 Site Services On request,Andritz will provide additional field services for$1,500 USD per day plus expenses, based on eight(8)hours/day. At the request of the Purchaser,overtime service will be provided at a rate of 1.5 times quoted rates for weekdays and 2.0 times quoted rates for weekends. Expenses j • are defined as the cost of travel from Seller's plant to the point of installation and return,together will all living expenses during the period of service. • • • • ' I • • 1 • Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • r . • • • • _ . . . . , . . . A .. . . . . . . , . • •. . . . . • . . - page:13(total 16) 5.. ANDRITZ STANDARD TERMS AND CONDITIONS OF SALE 1. TERMS APPLICABLE • (a)These Terms end Conditions al Sale are the only terms whkh govern the sale of the.products,equIpriant„cr parts(productel pursuant lathe quetatonoracknoerfedgementof theAmiga entity supplying the sante II ('Seller')orRupee.purchase order or other written document Issued by Buyer.These ase Terns and Conditions of Sale control,supersede and replace any and ail other additional and/or different buns and conditions of .BuYer,andSellin hereby objects lb and rejeets all such terms and conditions Of Buyer without father notification,except to the'extent Seller rapt*agreet to Such crivditlans In vatting.Buyer's authorization for Seiler• - • to commence weak under the Agreement or Buyers acceptance of delvery of of payment for any Products covered by this Agreement,in whole or in part,shall be deemed Buyer's acceptance of these Terms and Condfions of Sale.lire teen'Agreement'as used herein means(1)these Terms and Conditions of Sale,(2)Seller's quotation or acknowledgment together with any attachment thereto and any dominants expressly • incorporated by reference,and(3)Buyers purchase order or other written document Issued by Buyer,together with arty attachment and any documents expressly Incorporated by reference(hut exc)iding any Buyer terms andconditonsattachedtheretoorincorporatedthereinhyreference)..IntheeventofaconhctbelweenanydocumentsformingtheAgreement,such documents shall beconstrued Inthe above-listed order . of precedence. • (b)Feted to Buyer's acceptance of anySeller quotation in which these Terms and Conditions of Sale aro Incorporated,In the event that Ire Introduction of new tariffs,odes,duties,taxes,regulation,or any type of legislation bye domestic or fatten government has the effect of Increasing the price of the quoted Products,Seller reserves its right to adjust its quoted price burdens reflect these increases in cost Nothing In this document,aanyoftheappicablecontractualdocumentationahallbeconstruedasatvaiverafthisright . 2. DELIVERY;RISK OF LOSS AND.TITLE • . (a) Delivery dates are good faith estimates and do not mean that lime Is of the essence'Buyers failure to promptly make advance or interim payments,supply technbaU fomiaton,drawings and approvals will . resuitin a commensurate delay In delivery.If the pales have agreed to tiquidated damage in this Agreement I:castles de layln adileving certain milestones,@the parties icknow'reclge and agree that Buyer's damages for Seta's delay are duttcuftopredict with any certainty,and such llquldated damages are nota penalty but areasonable estimate of Buyer's delay damages,(ii)such liquidated damages shall notexceed an aggregate value of five percent(5%)°Rho and shall be Buyer's exclusive remedy far any delay by Seiler in performing any of 10 obligation's under this Agreement;and(ii)Buyer egrees Seiler shall not tie table for Iquidaled damages if Salida delay in achieving a milestone subject to liquidated damages has not delayed Buyers ablity to use the appkcable Products. • (b) Upon and after deivery,risk offoss or damage to the Products shall beBuyers.0eSeeryofthe Products hereunder will bemade onthe terms agreed tobythe parties asset forth isthisAgreement,according j Io INCOTERMS 2010.lino INCOTERM Is agreed elsewhere In the Agreement,delivery of the Products-will be made FCA.Tile tib the Products shall transfer to Buyer upon final payment therefor. I! . 3. WARRANTY (a) Sella warrants to Buyer that the Products manufecbrod by it will be delivered free-from defects In material and workmanship.This wararhty shall commence upon delivery of the Products and Shall expre on the eater to occurof 12 months from Initial operation of the Products and 16 months from derve y thereof(the'Warranty Period').Ifduring the Warranty Period Buyer discovers a defect in material orworkmanship of a Product end gives Setter written notice thereof wrtinn 10 days of such discovery,Saler/AO,at its option,alter delver to Buyer,on the same terns as the original delvery was made,according to INCOTERMS 2010, • a replacementpatorrepatrthe defectin place.Areyrepatorreplacementpatfurnlshed pursuantto this warranty are warranted againstdefecbin material and workmanship for fine period of 12 months from completion, of such reparareplacement,vA no hater extension.Setierwiti have no warranty obigations for the Products under this Paragraph 3(a):(I)ifthe Products have not been skied,installed,operated and maintained In accordance WO generaly approved Industry practice and with Seller's specific written instructions;(n)if the Products are used in connection with any mixture or substance or operating condition other than thatfer which _ they were designed;(Ig)If Buyerrelisto give Seller such written 10 day notice;(iv)If the Products are repaked by someone other than Seger or have been Intentionally or eteldentagp damaged;(v)for corrosion,erosion,. ordinary wear and tearer In respect of any parts Mich by their nature are exposed to severe wear and tear or are considered expendable;or(d)for expenses incurred for work In connection with the removal of the . defective articles and reinstallation fallowing repairer replacement (h) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE.THERE ARE NO OTHER WARRANTIES,WHETHER STATUTORY,ORAL, EXPRESS OR IMPLIED.IN PARTICULAR,THERE ARE NO IMPLIED WARRANTIES OF h1ERCHANTAOILITY OR FITNESS FOR A PARTICULAR PURPOSE. -I (c) The remedies-provided in Paragraph 30)are Bayer's exclusive remedy for breach of warranty. . (d) Wiithrespect toany Product or pat thereof natmenufacbredbySeller,Seiler shall pass ontoBuyer only those warranties made toSolis(bythe menufackmerof such Product crpert which are capable ofbeing so passed on. 4. LIMITATION OF LIABILITY - Notwithstanding arty ether provision In this Agreement the forkwring limitations of iabltity shal appy: ' (a) In no event,whether based on contact,tort(including negfgence),strict liability or otherwise,shall Saga,its officers,directors,employees,subcontractors,suppliers or atfiiated companies be liable for loss of profits,revenue erbusinessopporbnily,lossbyreasonofshuldovmoffacilitiesorInabiliytooperateanyfaclityatfutcapaciiy,orcostefobtainingethermeansforperformingthefunctionsperformedbytheProducts, - _ loss of tuba contracts,claims of customers,cosi of money or kiss of use of capital,In each case whether or not foreseeable,or for any Indirect,special,Incidental ix consequential damages of any nature resulting from, arising outof or connected with the Products or this Agreemenlor from the performance or breach hereof. (b) The aggregate tabll y of Seller,its officers,directors,employees,subconiactors,suppters or migrated companies,for all claims of any kind for any loss,damage,or expense'resulting-froth,arising out of or connected alb the Products or thisAgreement or from the performance or breach hereof,together the cost of performing make good ohigations b pass performance tests,if applicable,shin In no event steed the Agreement price.The foregoing noh_t;lhstanding,Seller's aggregate and sole leggy for any claims for(a)delay in delivery shall not exceed 5%end fa)!allure to achieve performance requhemente,shall not exceed 10%olthe contract price. - - (c) The Imitations and exclusions of lability set forth In this Paragraph 4 shall take precedence over any other provision of this Agreement and shell apply whether the claim of liablity Is based on contact,warranty, tort(including negligence),shictiabliy,indemnity,or otberwise.The remedies provided In this Agreement we Buyer's exclusive remedies. (d) All&billy of Seller,Its officers,directors,employees,subcontractors,supplieis or atfitiabd companies,resulting from,arlaing outofor connected with the Products or this Agreement or from the performance cc . breach hereof shall ternineta on the third anniversary of the dale of this Agreement (e) In no event shall Seller be table for any loss or damage whatsoever arising from Its failure to discoVer or repair latent defeets'Or defects rnherent in the design of goods serviced(unless such discovery or repak Is normally discoverahb by tests expressffapeclted in the scope of work Under this Agreement)or caused by the use of goads by the Buyer against the advice of Seller.If Seller furnishes Buyer vrith advice or assistance concerning any products or systems Mega nOtrequired pursuantb rills Agreement the furnishing of such advice or assistance till not subjectSeller to any Bablfily whether In contract,Indeinnity,wairegy,tort(Including ' . negligence),strict Ilabifityorothenmse. • - 5. CHANGES;DELETIONS AND EXTRA WORK. . ' Seller will not be required to make changes in the Products unless Buyer and Seller have executed a written Change Order for such change.Any such Change Order veli include an appropriate adjustment to the Agreement price and/or schedule.If the change impaks Sekrs ability to satisfy any of Its obligations to Buyer,the-Change Order will Include appropriate modifications to this Agreement Seller shall be entitled to e Change Order adjusting the Agreement price,schedule and/or any affected obligations of Seller it after the effective date of this Agreement(a)a change In appicable lavi,tariffs,kyles,duties,taxes,regulations or ordinances or(b)any actor omission of Buyer or any other party for whom Buyer Is responsible,or any error orchange In Buyer-provided information slt,ouldrequke a change in to Products or cause an increase In the . cost or change In the schedule to snooty the Products. 6. TAXES Selers prices do nolinclude any sales,use,excise or other taxes.In addition to the price specified herein,the amount of any present&future safes,use,excise or other lax applicable to the sale oruse of the Products shall be bitted to and.paid by Buyer unless Buyer provides to Seller a tax-exemption certificate acceptable to the relevant lazing authorities. 7. SECURITY INTEREST Seller shall retain a purchase money security Interest and Buyer hereby grants Seller a fen upen and security Interest In the Products until atl payments hereunder have been made In full.Buyer acknowledges that Seller maybe a financing statement or comparable document as required by appicable law and may take al other action It deems reasonably necessary to perfect-and maintain such security interest In Self&and to ' protectSeters interest in the Products. B, SET OFF . • Neither Buyerrror any of Its aMfiates shall have any right to sal elf claims againslSelier or any Mita affiliates icr amounts ovied underthis Agreement or otherwise. B. PATENTS - - • • Unless the Products or any part thereof are designed la Buyer's speclicatidns or instructions end provided the Product or any pal!borealis not used N any manner other than as specified err approved by Seger In • writing or modified by Buyerwithout the viten consenter Seller,(I)Seller shall defend against clans made In a suitor proceeding bought against Buyer by an unatfilated third party that any Product Infringes a device claim of a patent issued as of the effective date of this Agreement in the country In which the Productwil be operated,and!wiled to the Trek of the specific Products provided under this Agreement provided Silents netted promptly In writing and given the necessary,authority,Information and assistance for the defense of such claims;0Q-seller shall satisfy arty judgment(alter ell appeals)for damages entered against Buyer on • such clahnS so long es such damages are not attributabb to willful conductor sanctioned itigation conduct and(Ii)If such judgment enjoins Buyer from using any Product&a part thereof,then Seller will,al Its optIonr, (a)obtain for Buyer the eight to continue using such Product apart;(b)eliminate the infringement by replacing or modifying all or part of the Products;or(c).take back such Product or part and refund to Buyer all payments on the Agreement price that Seller has received for such Producter pat The foregoing stales Seiers entire tabby for patent Infringement by any Productorpartthereot 10. SOFTWARE LICENSE,WARRANTY;FEES If Buyer and Seller have not entered into a sepaate ncense agreement,the fol krwnng Sof hyena Terms and Condiions apply to any embedded software produced by Seiler and banished by Seterhereunden • Ashland VWVTP—051L Centrifuge Replacement . 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge . . - Date:18-Mar-2022 • 1 . ' .A . • . . . . . . • . .. . . . . • . . . . . • . • . . • . page:14(total 16) • (a) The Software,as described In the Agreement(•Software'),and al%ritten materials or graphic files thatae fixed In any tangible medium and Mattelale to and support the Software('Oocumentation7,and aft present and future worldwide copyrights,trademarks,trade Secrets,patents,patent apptications,mask work rigida,moral rights,contract rights,and otherpropr etaiy rights rerroghiud by the laws of any country Inherent therein,Including all changes and Improvements requested or suggested by Buyer In the support and maintenance of ihe.Solhvare are the exclusive property of Soler('Sellers intellectual Property Rights;All rights ' • in and to the Software not expressly granted to Buyer In the Agreement are reserved by Seller.Nothing in this Agreementv3ll be deemed to grant,by Impicatien,estoppel,or otherwise,a license under any of Sellers • • existing or future patents.Software WM not include any upgrddes,new versions,releases,enhancements,or updates to the So Thyme,unless agreed to by Seiler in uniting and at its sole discretion.To the extent any . . upgrades,new versions,releases,enhancements,or updates to the Software are provided bySeger,the tenn'Software'shall be deemed to Include such upgrade;newverslonsorreleases,enhancements orupdates. • ' To the antent any oymerehip riaht arises in Beyer with rappectto the abeye,Buyer hereby assigns al of its right,the,and kriereslIn and to anyintellactealPropertyemiandied in In tire Sellere Intellectual Property Rights, Including enforcement rights,to Seller without the payment of any additional conslderration thereof either to Bayer,or its employees,agents,or customers and agrees to execute any documents Sager deems necessary • • . to effect such assignment • (b) ''Seller hereby grants toBuyer anon-exclusive,0on=bansferable,non-sub-licensable,revocable fcensetoInstal,run,and use the Software,and any modifications made by Seller thereto only tnconnection ugh . configuration of the Products and operating system for which the Software is ordered hereunder,and for the end-use purpose stated In the Documentation.Buyer agrees that neither,it nor any third party shall modify, • reverse engineer,deo:incite or reproduce the Software,except Buyer may create a single copy for backan or archival purposet In accordance with the bocumentation(the'Copy).Bayer's license to one the Software and the Copy,of such Sotware shat terminate upon any breach of this Agreement by Boyer.All copies of the Soffvare,Including the Copy,are the property of Seller,and al copies for which the icense is terminated shall be returned to Seller,or deleted from Buyers computer systems,with v.eiien continuation after termteaion. • ' • (c) Sallerwarants that,on thsdate of shipment of the Software or the Preclude contalanng the Software to Buyer:(1)the Software media contain a true and correct copy an the Software and are free tom material defects;(2)Seller has the right to grant the license hereunder,and(3)the Software will function substantially in accordance VAN the related Seller operating documentation.In no event does Seller warrant that the Sofirrare Is error free or that Buyer will be able to operate the Software vrithout impairments or Intemmtions.inadditon,.duetotheceetbnualdevelopmentofnewtechniquesforIntrudingupenandatackingnetraks, Seller does not warrant that the Software or any equipment,system,or network on which the Soliware is used will be tee of vulnerability to intrusion oratack.. (d) If within 12 months torn the dais of dafrvery of the Products containing the Solhvae,Brryerdlsceners that the'Software Is not as warranted above and notices Seller lo writing prior to the end of such 12 month period,and If Seller determines that It cannot or mill not correct the nonconformity,Buyer's and Buyer's Seller-authorized tansferee's exclustre remedied,at Seller's option,are:(1)replacement of the nbncanfam hug ' Software;or(2)termination of this license and a refund of a pro rata share of the Agreement price or icense fee paid. . • (e) If any Infringement claims are made,against Buyer arising out of Buyers use of the Software N e a marmer sped by Safer,Seller shalt O defend against any claim in a suit or proceeding brought by an unaMgated third party against Buyer that the Software violates a registered copyright or a conidenfialty agreement to which Seller was a party,provided that Seller ls notified prompgykt writing and given the necessary authority,Information and assistance farthe defense and setikmeritof such claims(fnckrding the sole authority to select counsel and remove the Software or stop accused Infringing usage);06 Se!lei sialt'satisfy a final ' . Judgment(after ail appeals)for daaagesentered against Buyer branch claims,so lenges ouch damages are not attributable to wilful conductor sanctioned Wgation conduct and(B)if such Judgment enjoins Buyer . from using the Software,Seller may at its option:(a)obtain for Buyer the right to continue using such Saftware;(b)eiminate the Infringement by mod!tytig the Sotware or replacing it with a functional equivalent(in • which case,Buyer shattnmedatelystopuseoftheallegedlyInfringingSoftware),Or(c)takebacksuchSoftwareandrefundtoBuyeral,paymentsontheAgreementpricethatSellerhasreceived,However,Selers ehtgationsunder lhisParagraph 10shall notapptytothe extent that the claim oradverse final)udgmenlrelatesto:(1)Buyer's running of the Safelareafter being notifi:dtodiscontinue;(2)non-Seller software,products, " data or processes;(3)Buyers alteration of Software•,(4)Buyere distribution of the Software bo,or its useior the henefil of,any thtd party not approved In writing by Seiler;or(5)Buyers acquisition of confidential • Information(a)through improper means;(b)under circumstances giving rise an a duly to maintain its secrecy or brut its use;or(c)from a third-party who owed to to party asserting the claim a duty to maintain the • • secrecy orttntittha one of the conlidoobal hrfncerahen Buyer MI reimburne Seller for any Coati cr damagee thatresult from actions 1 to 5. THE FOREGOING PROVISIONS OF THIS SECTION IO(e).STATETHE ENTIRE LIABILITY AND OBLIGATIONS OF SELUER'AND THE EXCLUSIVE REMEDY OF BUYER,WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF ANY PROPRIETARY RIGHTS UNDER SECTION • ' 10,INCLUDING BUT NOT LIMITED TO PATENTS AND COPYRIGHTS,BYTHE SOFTWARE OR ANY PART THEREOF. • ' (f) This warranty set forth fn subparagraph(c)above shall only apply vAren:(1)the Sofhvare Isnot modified by anyone other than Sellaror Its agents eutharized In writing;(2)there is no modbcation In the Products , In which the Software Is Installed by anyone other than Seger or its agents authorized In writing;(3)the Products are in good operating order andinstalled in a sultanate operating environment(4)the nonconformity is not caused by Buyer or a third party;(5)Buyer prompt'notifies Seller In Writing,with the period of time set forth in subparagraph(c)above,of lie nonconformity;and(S)all fees for the Software due Is Seller have been timely paid.SELLERHEREBY DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,WITH REGARD TO THE SOFTWARE,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF • - MERCHANTABILITY,FITNESS FORA PARTICULAR PURPOSE,COURSE OF DEALING AND USAGE OFTRADE. . (g):•• Buyer and its successors ere united 10 the remedies specified In this Paragraph 10. • • (h) Any subiequent modifications or enhancements to the Software Made by Seller are,at Seller's option,subject to a fee. 11. TERMINATION (a) Buyer may terminale this Agreement upon breach by Seger et a material obligation hereunder and Sellers failure to are,or to commence a cure of,such bteachl•Atiure a reasonable period of time(but not less - than 30 days)following written receipt notice of the same from Buyer: (b) Buyer may only terminate this Agreement for Buyer's convenience upon written notice to Seller and upon payment to Seler of Sellers termination charges,Mitch shag be specified to Buyer did shall take into account among other things expenses(direct and Indirect)incurred and commlhnenbe steady made by Seller,overhead,and en appropriate profit.In caseof such termination,the licenses granted kr Paragraphs 10 and 12 hereof shall terminate. (0)Seller shall have the nettle suspend and/or lenninate its obigations under WsAgreementil paymenite ntreceted within 30 days of due date.In tie event of the bankruptcy or insolvency of Buyer or in the event • of any bankruptcy or Insolvency proceeding brought by or against Buyer,Seller shall be entitled to terminate any order outstanding al any time during the period allowed for filing claims against the estate and shat . receive reimbursement for its cancellation charges. 12. INTELLECTUAL PROPERTY;CONFIDENTIALITY (a) Ali Intellectual properembodiedlatheProductsandSoftwareprovidedtoBuyeristhepropertyofSeller,endanyintellectualpropertyde tyveloped,alleastinpat,bySeller under tills Agreement isand remains the sole and exclusive property of seller. (b) Buyer acknowledges that the Information that Seller submits to Buyer In connection with this Agreement and the performance hereof is Sellers confidential and proprietary Intormation.*Buyer agrees not to*SSubject to • disclose such Information to third parties without Sellers pricrv:ritten consent Serer grants to Buyer a non-excNste,reyalty-free,non-transferrable 1cense to use Sellers cenlidenfial and proprietary Information for - h • the purpose of the Installation,operation,maintenance and repair of the Pledges that are the subject of this Agreement only;provided,hewevec,otherwisethatBuyerfurheragreesnotto,andnottopermitairythirdpartyto,OregonPublic • analyze,measure the properties of,or othese reverse engineer the Products or any parts thereof,fabricate the Products or any parts thereof torn Sellers drawings or to use the drawings other than In connection • Mei IhlsAgreement*BoyarvAtdafamdaadindarapllySsiecbaaanycla7msrutaciatilfiybasedangarcaaLiapay44"dhgd"1*c JanugareWedfo.any.P•coduckspxttiaw444vuc4"bkalid.1" I.bkdparty ilhott.Selleaarlacm lee.corxsehdmdtomaddagaiogtrelatedrnsr,clxargesaadeiperescs(ncbrdwg.atsceneystfee4.PJlcopies of Sellers confidentialaridproprietaryinformationshaltremainSellersRecords laver property and maybe reclaimed by Seller at any time In the event Buyer Is in breach oils obigations uhderthis Paragraph 12,or in case of Buyers termination pursuant to Paragraph 11(b). ! 13. END USER ' if Buyer is not the end user of the Products sold hereunder(the'End User"),then Buyer My use its best efforts to obtain the End Users written consent to be bound to Seller by the provisions hereof.If Buyer does net ' obtain such End User's consent,Buyer shall defend mid IndemnIfy Seller and Seller's ugenis,employcen,subcontractors and suppliers from any action,liability,cool,teds,or enpenne fur svlriclr Sailor uvoold nat bane been[labia or from vArich Seller would have been indemnified if Buyer had obtained such End User's consent , 14. FORCE MAJEURE - • (a) farce Mafeure Defined.For the purpose of this Agreement'Farce Majeure'tall mean all events,whether or not foreseeable,beyond the reasonable control of either party which affect the performance of this Agreement,including,without Imitation,acts of God,acts or advisories of governmental or quasi-govirnnienlal authorities,laws or regulations,strikes,lockouts or other industrial disturbances,acts of public enemy, . wars,insurrections,riots,epidemics,pandemics,outbreaks of Infectious disease orother threats to public heath,lightning,earthquakes,foes,storms,severe weather,flodds,sabotage,delays in transportation,re)ecton of main forgings and castings,lack of available shippingby land,sea or air,lack of dock lighterage or loading or unloading facilities,inability to obtain labor or materials fromrusual sources,serious accidents Involving the work of stringers or sub-suppliers,thefts and explosions. • (b) Suspension et Obligations.If either Buyer or Seger Is unable to carry out its obigations under this Agreement due to Force Majeure,other Than the obligation to make payments due hereunder,and the party affected promptynotifies the other ofsuch delay,then alobfgationslhatareaffected byForce Majeure MUbesuspended orreduced for the period ofForce Majeure and forsuchedditionaltime asIsrequkedtoresume . the performance of Its obligations,and the delivery schedule will be adjusted to account forthe delay: (c) Oplon to Terminate.If the period of suspension or reducio,n 9f operatiens vriti.extend for more than four(4)consecutive months or periods of suspension Of reduction total more than 6,months in any 12 month period,then eitherBuyer or Seller may terminate tins Agreement . 15. INDEMNIFICATION AND INSURANCE • • (a) Indemnification.Seller agrees•to defend and IndemniyBuyer tom and against any th-vd-parry claim for bodily Injury or damage totangible propery(-Loss')arising In connection vtthrlheProducts provided by - Seller hereunder,but only to the.Patent such Loss has bean caused by the negligence,willful misconduct or other legal fault(Tann of Seller.Buyer shall promptlytender Madefense,ofany Such third-party claim to Seller.Seller shag be entitled lb control the defense and resoiulgnof each claim,provided that Buyer ehagb)entitled to be represented In the matter by counsel of its choosing at Buyers sole,expense. Mere such • Loss results from the Fault Offoth Seger and Buyer Ot a thkd party,then Seller%detente and Indemnity obfigation shall be IdledtotheproportionoitheLosstiatSellersFaultbearstottelolalFault (b) Insurance:Seller shall commercial general liabiitytnsurance with limits of$2,000,000 per occurrence and In the aggregate covering claims for bodiylejury(including death)and physical property . damage arising out of the Products.'Seller shag also provide workers'compensation Insurance or the Ike es required by the laws of the jurisdictionsdnere the Servicessvlti be performed,and owned and nun-ovmed auto finbhlfylnnurances'iitr limits ul$I,000,000 combined single limit.Seller willprovldeaCertificeteoflnsuranceCertfyingtheexistenceofsuchceveragesuponrequest • Ashland WWTP_D$LL Centrifuge Replacement 3660867,-1-Rev-1 . ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • ' • • • • • • • • • • A • • • • . page:15(total 16) • • • 16. U.S.EXPORT CONTROL Buyer recognires that any Products that ere the subject of Agreement and originate In the U.S.remain subject to U.S.export laws and regulations even after such Products are exported from the U.S.(If applicable). Buyer certifies that such Products will not be diverted,transshipped,re-exported,or otherwise tansfened in contravention of U.S.export laws and regulations.Buyer further afiams that such Products vrill not be used, directly or indirectly,in any appgcaton Involving misslb technology,nuclear proliferation,or chemical and biological weapons proliferation, 17. GENERAL • (a) Seger represents that nay Products or parts thereof manufactured by Serer will be Roared in compliance with all appticable federal,stile and local laws applicable to their manufacture and In accordancetAtt Sefer's engineering standards.Seller dial not be labia for failure of the Products to comply with any other specifications,standards,laws or regulations. (b) This Agreement shall Inure only to the beneltof Buyer end Seller alai their respective successors and assigns.Any assignment of this Agreement or any of the rights or obligations hereunder,by ether party without the written consentolthe other party shat bavotd. (c) This AgreementcantalnsihaenfroandonlyagreementbehveenthepaleswithrespecttothesubjectmatterhereafandsupersedesallpriororalandwritenunderslaidingsbetweenBuyerandSellerconcemtg the Products and any prior course of dealngs or usage of the trade not expressly Incorporated herein. (d) ' ThlsAgreementmay bemodified,supplemented Of amended only byawriting signed byanauthorized representative ofSeller.Seiler'stvaiverofanybreachbyBuyero(anytermsoftntsAgreementmustalso he in writing and any waiver by Seller or failure by Salter to enforce wry of the terms and conditions of this Agreement at any(tine,shall not affect,knit or waive Setter's right thereafter to enforce and compel stict comptanco with every term and condition hereof. (e) All tens of this Agreement Mach by their nature shauti apply alter the cancellation,completion or termination of this Agreement,Incbding,but not b oiled to,Paragraphs 4,12,16 and 17,shat survive and • remain fully enforceable ager any cancellation,completion or termination hereof (1()If SellerscafceIskeeledintheUnitedStates,tisAgreementandtreperfrmancehereofwlgbegovernedbyandconstruedaccordingtothelawsoftheStateofOre on. • (ii)IfSelkrsoEcalslocatedInCanada,IhisAgreementandtheperfrmancehereo(vdtbegovernedbyandconstruedaccordingtothelawsoftheProvinaedOalada reg On • (g)0)In the circumstances off()above,any controversy or claim aising out of or relating to this Agreement,or the breach hereof,or to the Products provided pursuant hereto,shall badetrdtively settled by arbitration, to the excloslon of courts of law,administered by the American Arbitation Association('AAA')in accrdancewith is Construction Industry Arbitration Rules In force at the time this Agreement Is signed and to which the parties declare they will adhere(rhe'MA Rubs'),and Judgment on the away renQered by the arbitrator(s)may be entered In any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction overany of such party's assets.The arbitration shall be conducted in3tteata,•Geery a by a pantile!twee members,one of whom will be appointed by each of Buyer and Seller and the third of whom'vO reg o n vAl be the chairman of the panel and wit be appointed by mutual agreement of the two party appointed arbitrators.All arbbators muslbe persons who are not employees,agents,or former employees oragentsofeither party.In the inventor failure of the Iwo party appointed arbitrators le agree within 45 days after submission of the dispute to arbitration upon the appointment of the third rbitrator,the third arbitratorwill be appointed by the AAA In accordance with the AAA Rules.In the event that either of BuyerorSetter tails m appoint an arbitratarvdthln 30 days alter submission of the dispute to arbitration,such arbitrator,as well as the third arbtalo, wit be appointed by the AAA in accordance v ltr die AAA Rules. ) (i)In the circumstances of(@•)above,airy controversy or claim arising out of or relating to this Agreement,or the breach hereof,or to the Products provided pursuant hereto,shall be definitively settled under the auspices of the Canadian Commercial Arbltatan Centre('CCAC'),by means of arbitration and to the exclusion of carets of law,In accordance with Its General Commercial Arbitaton Rules in force at the time the Agreement is signed and to which the parties declare theyssil adhere(the'CCAC Rube),and judgment on the award rendered by the arbitrator(s)may be entered In any court having jurtsdiction over the party against whom enforcement is sought or having Jurisdiction over any of such party's assets.The arbitration shall he conducted In Saint Jahn,New Brunswtcir by a panel of three arbitrators,one of whom Aria be appointed by each of Buyer and Seller and the third of whom wit be the chairman of the rbital tribunal and will be appointed by mutual agreement of the two party-appointed arbitrators.At arbitrators must be persons who are not empbyees,agents,or fanner employees or agents of either party.In tire event of faikre of the trio party-appointed arbitrators to agree within 45 days atter submission of the dispute to arbitration upon the appointment of the third arbitrator,the third rbitratrwill be appointed by the CCAC In accordance oAth the CCAC Rules.In the event that either of Buyer or Seger falls to appolntan arbitrator within 30 days after submission of the dispute to rbbation,such arbitrator,aswel as the third arbitrator,wig be appointed by the CCAC N accordance with the CCAC Rules: (h)In the event this Agreement pertains to the sale of any goods outside the United Stales or Canada,the pries agree that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement f (I)The parties hereto have required thatthls Agreement be drawn up in Engish.Les parties aux presentes ontexige qua la presents convention soitredigee en socials. Feb.2019 Rev. • • • • Approved.as to form • 0MM Douglas M McGeary •. Assistant City Attorney • • • . • • Ashland WWTP_D5LL Centrifuge Replacement • 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • • 1 {• . A • • • • • page:16(total 16) APPENDIX A - PRELIMINARY CENTRIFUGE DRAWINGS • • • • • _ • • • • • • • • • • • • • • • • • I • • • • • • • • I • Ashland WW1 P—D5LL Centrifuge Replacement •• 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge • Date:18-Ma'r;2022 • • I • • • 8 7 6 5 . . .. 4 3 - 2 1 PIPING CONNECTIONS • . 4 SPACES 0 ' PORT SIZE DESCRIPTION ux 1/ed HOLE 3.656-14.525[5777 f L�750[19] . • -II • NOTE:xE�MOTOR CONCURS AWAY ERou FRONT DE 0 2'.CLASS 150 FEED n TO COS.ER UN REMOVAL. TOWARD REAR OF MACHINE A ANSI RF FLANGE INLET -' 1�==; T 2z<i.500 Cts] e 12-1/4 X24-1/2 sOUDS nesz[zu] 6 I n. D D RECTANGULAR DISCHARGE • J. I fpi ^ B-7/6 X 16-15/16 CE7tDGTE • C RECTANGULAR DISCHARGE ,��T I 15» c+ -- 1.'FNPT SLUDGE St cn. u X1,-s, E II • II ,� • m....,. a,onm L:i ,--1.1D. u...7,1,..,..-..sigi D SAMPLE• N . • E t'�� -0- CONNECTION� ^e N II o n m z H - u I m Ci .=__ ' F x u - • .��' Ii/ 1�FNFR �N 'n 1° FFID�J�I,u,IIC l_ � I 1LuINLET1/I • :- 93G 1-3/BODTU6E CEHERARA NG ` McIMMEq!'!• -1j - ° - JI!IJ4 i n. I H 4-1/2'DD TUBE VENT 'l 1' n u Lt 122.50[371] "' EGBLE 1� 6.876[175] " ,� n r ... CONNECTOR '.__ n'� ..__ _. 2xo4.637]n 75.125[410] . g L_J - VIEW A-A /„ kfuN\ `�• VIEW B-B BOUDS DISCHARGE FLANGE PATTERN -"'°"� """"-' • - . � 1.1..%.,1,4, \ CBIITTATE DISCHARGE FLANGE PATTERN ""Ry C i If ;� C I �:�:��:Ct;:I ' J6'Mw.CLEAR FOR I 17611[JDOO.DOmm] 161.5397[410k60mm] • � Rill c] III' 1 16N.CLEAR 1D REMOVE 0000U. t7µNIENCE mm. II' / - 37.9635[954.75mm] 00.1060[2037.00mm] el.,i J \ `© ® � �` Domino of - - . _ trD �9nhD� - Ill - E LEVEL.AQNSTMENT ^! `\ A-O O 1 ,�1 1. - . l • • IAT 1 • _.1 IT I' �' _._ //- u . . , .... ii . .. .. •v 1 �, B i ;�el� .. {`F `'E iii _ • �� !� p . N E ^ 14.5.145 Cs7121mm7 �.A �;:: g • CENTRATE Flax soups Floc • ' , . S.E B }��I ' "•.j N .. CONNECTOR CONNECTOR soup .. ." I - NOTES: p[sCHARGE F; � w: 102755[251.00514- O - . • v' • �.'. ®� 1. ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS 1 �15.7450[400.00 m] I �1574ao[400.00mm] 2: SEE FOUNDATION DETAILS DMF1469 FOR DESIGN LOADS • 926161[235250mm] • Y g AND CONNECTION DETAILS. CENTRATE - •••.•• a 0 ,z. 3. ALL DIMENSIONS ARE IN INCHES WITH mm IN []. . DISCHARGE - 4. DRY WEIGHT OF MACHINE 10,606LB[4,81180. "5. SCROLL+LIFTING BEAM 1.272LB (577Kg]. FOR INFORMATION ONLY I-ss.1161 r14DD.00m5i 6. PROCESS REQUIREMENTS 3 HONE REVISED NACHNE YDG1115 w NOTES AND AWED 0010 9P III 6/14/16 WASHWATER:52.6-106GPM 0 43.5-SBPSI NOT FOR CONSTRUCTION PURPOSES • 2 MORE ADD ICOR WRING NaT C -CDR .1% 05/19/I5 o O BE EXTENDED AND SHUTDOWN: 15min - 1 NONE sEvam'SCROLL oo w0a smmmENr MGM CON .IX 02/17/I5 CENT BY O 7DD EXTERIOR XTERIOR •I LAO 9m6 A VENT 0Y OTHERS (SEE GIP: 1Omin ASAP DOCUMENT No.- ,5.V nt �'®R ANOTE 6 AIR FLOW) AIR FLOW: 115CFM mmm 1mTM In tom;it 5110 me COM 12 tom= MINIMUM SLUDGE INLET PRESSURE 7.5 PSI AT - D.H 11/15/14 Aram D5LX E2 CENTRIFUGE CENTRIFUGE FEED FLANGEateliek,R- aeum'n Om'C GENERAL ARANGEMENT 87. CENTRATE CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING neeA616rimm Dm • Am�a m071 a 'Am sme mawo Iym sout WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS), • 5."�4i 38 01/02/15 1510 cs°'°9•Run comm D DMA2 6 8 3 3 • ay A6u,aml.tow 7Mo°1 �: �:� . Gump" mrm -1 mem 8173 41sam ��"� MOE v�5.. ILL nam Au am no grm1 M41 1/18 I ilE D0U2653 I 1 a 1 86 7 6 5 4 3 21 - • • • 8 7 • 6 5 • 4 3 •2 1 4.491 [114] . • ' ii • ISOLATOR NOTE! 9.709 n Pl. APPLY L 01110 70 ALL VIBRATON ISOLATOR • Lr TI HARDWARE DURING RETALIATION. E4 I" D gu I�ff 1 ,171— al R D E7 ax 1/2•x 6-1/2 HILT FNA ADHESIVE SYSTEM • - 316 L SS 4-1/4'DIBEDMENr DRILL • 9/15 DLA X 4-1/4'DEEP. vi [250] ISOLATOR DETAIL v seta 1/4 • 15.750 , [400] • ANCHOR BOLT 1ACA710N - . - SEE ISOLATOR DEA! C • THEORETICAL TOTAL LOAD TO DISONBURE AMONG THE 4 ISOLATORS C ,i rd Fel X (IN NOME.OPERATION) 4 = VERTICAL DYNALOC LOAD IN LBS[N].CYCuNO FORCE.EOUNALE711•TO UNBALANCE P, STATIC LOAD PERPENDICULAR 70 THE ROTOR AXIS AND MALTED 70 THE CENTER OF GRAM. . 107.674[2740] • 2 WE6pR OF EMPTY 1LIC16NE MACHINE EOUL BEFORE AFTER Ko E. '4 .___....___ .____. m Q [47776 N] SPEED FRED. ISOLATOR ISOUTOR g "' n— ■■ iii %1.2(RTL PRODUOT)- [56,612 N] IN NORMAL TIDO RFU 13.3 HZ [[9451�N] [EOD�N] 1t • i_Il • _ OPER 310N 7,737 I 154 EDS 1�. .U. �i1 I HS 2.750 RPM 4.5.511ZFRL [54,416 N] [665 N] n: - 3.000 RPM 50.0 HQ 6.792 LBS 166 LBS FOUNDATION PUN g8 _ [}7,330 6] (747 N] I 2.241 [57] iss .. 9,932 LBS 179 LBS 4.451[114] _ 3.200 RPM 53.3 HZ (35.920 NJ (795 N) 8 AT 00UTORS RESONANCE 360-750 RPM 5.5-12.5 HE tet'185 1,273 LBS gmt [510 N] [5,663 N) B I I I I TOTAL PRACTICAL LEAD TO 00N0LOER FOR CALCULATION OF THE FOUNDATION (TO DISTRIBUTE AMONG THE 4 ISOLATORS) B • 1 0.606 LBS 2727 l8S _I I L._.._.._.._.._.._.._.._..�.._ VERTICAL STATC. [47.1.75 N] %1.2- 1[56.672 N] . —_�—�_—� —�—�_-• 72.727 LEIS 1.270 LBS r DYNAMIC*A. [se.B1z W x to-- [5,612 1.1 HORIZONTAL DYNAMIC [see 2 E�1] x 100- [y 612 !!fly (4)WHILE SHUT DOWN OF MACHINE.AND IN CASE OF ABNORMAL OR ACCIDENTAL UNBALANCE 1.AU.55AFNSDN5 M INCHES WITH 90LNEIFRS 0R Tl. 2.THEFDESIGN OUNDATIONAND BERCLEARANCE AND DYPICE.ALTMP00Dl10ODE56 NDCCSHO7t1 101055 BY --• OTHERS. • 3.AL PIPING 10 AND FROM THE=MET)BE COMPLETED WON FLDOBIE CONNECOONS 4.AU.60RA1106 PADS T1 BE IEVEH.WAREN 1/32"(0.79mm]. ' 5.APPRD%64IE WESM: TOTAL YAOHME EMPTY:10.10B2•14,911251 t 2 00RGLL+LIFlM0 BELL: 1.272222[57729] • FOR INFORMATION ONLY NOT FOR CONSTRUCTION PURPOSES 2 NONE REVSID 11ACI@1E Wfl0N15 AND NOTES BP my 6/14/16 • _1 HONE REAf7D WO0H15 IN Iron CON .10 02/17/15 A ASAP DOCUMENT No,, RV 41 RBIEER of ow otiE A maw'KW Ilia MOM in H T� mR R COMO= • • pun R2LRD0�1P;a 11 04 m: 11/24/14ititionnz F FOUNDATION CENTRIFUGE .._ NUM 35111 OS 96?*Ym 6e COTE NOM VO/M11:01.MD 7a D7/°a/" '�"°°°4"""`�D"' D DMF 14 6 9 2 ��„IDI„ ARiCI.E.TRIS I 14) .7-7.1: c. AA5 0 NdT 0 EAAID "MP 60911(III)457-Sill 1Y'-YS 1514545x109 PFAT6N k" 1/15 I Eut 0971402 I •T 1 q 1 8 7 6 - 5 4 3 2 1 4. • a r • • 8 7 6 5 • 4 • 3 2 1 '` . • • um 801 ' ..lw i,.—,494....:. a r, - ISI„-`� F 1.nil. , � -4.,•;,. T,___...17, - • v ; • no 8,01—''.” • Lk. .. ._ 1 .. . •1 . 1 n ., . —4,37 DNa- I�a�ndt /75C ...n I• A. .i6i — 662Glf s FOR MAON.COMPONFNTS IVMS FULL iWOR COMPONFM VMS UNITS 9 S. ` lea p9 Ib. / a7,a+,. ID- 1..Main 017.motor plus pu6.y and motor 04500.MVO) 1.607 725 N/A N/A & 1 I I I _ -1' - 3.sang ddw molar 3200P) 355 162 N/A N/A C - 6 } .7Scroll pl.standardAndi to 61UN9 tiwld 1.272 577 N/A N/A- 2 Gap y ' - 4. Rotating oa0.mbly(empty)including.a!o6 4.532 2.101 6.513 2:746 R I 1-..i L . 5. Ft.d pips 46.4 21.53 N/A N/A .0. SOng,and 6ftinp bar for rotating o,,emb66(11 107011 d by MORR2) 346 155 N/A N/A 0.1—..,epn.) - 7. Frome 4.213 1.911 N/A N/A B i=iB ._.... .._ ----. ( 6..C.t.r and belt ewer 146 66 N/A N/A .. _._--_ ... _ _ .—---.---- I tl.C.O.machin.(.FIY) 10.606 4,611- N/A N/A Notes: ' 1. Mi6+dpht to Wenn.nquirod roUn9 for e6 Offing de..Paw. • ! - [56671.6 • i „u,Uma At [UfO . IE \—.�.� I FOR INFORMATION ONLY 4 NONE /COED MO PIPE RE3 MI. OC TO 09/16/19 • kl • 1iiP�. • NOT FOR CONSTRUCTION PURPOSES 3 NONE ,I0662R59157,D WMPONFM'MGM 5F 7617 6/14/15 6 _ILI�'d� -11'1,: 11• 1IIi ' F '� _ 2 NONE UP517E0 NEIQ65 OO ..n 11/01/16 • ,�..sr. 1 NONE 0021.1 D NEWTS MD 6FSCNT UNITS .616 all 3/17/16 A nn Oua ,0000,lfral ASAP ot30uuoNT II.: eel mt Ae19Ml 56 5560 5616 A 156• 116 I50 Kara 16 MON to Cas IIIb: a=ra coinan.Pa ' ma PI.4555 0 �DH 05/13/15 mann. D51X E2 CENTRIFUGE ;wi u;,°"m'�r%•°"°®""'m' r mpa' 6116UFTING ARRANGEMENT rWN11101 MIS Y00mla 1151 tot AV166 svIMTI.N.INC. '6.'E 0065516 name pry 5.,�,.MClrS.0117 '°'°m141p1a"��mmN MOSE D DMA2693 4 7Q 3/14/15 AdNamK lOtts 7ba _ =MI=LS ,,,cm(017)46YSFll ��` M- MUNN AL 6666 555.1550.555.1550.116u16 1/15 •I mE DMA2S93 I 1 °C 1 r 7=111.1121=2.F7:11.11:4711:947. 8��K 7 6- 5 -4 3 2 1 . • 8 7 6 5 4 3 2 1 NOTES: - - . - - NOTE:kEEP MOTOR CONDUITS AWAY FROM FRONT OF 1. ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS TO�AUAWSFORRCCOOV RUN MOTOR CONDUITS TOWARD REAR OF MACHINE 2. SEE FOUNDATION DETAILS WITH DESIGN LOADS • , AND CONNECTION DETAILS SUPPLIED AFTER ORDER. — D 3. CENTRATE AND SOLIDS CHUTE SHOWN AS GENERAL - D REPRESENTATION. SLOPE AND ELEVATION DEPENDENT ON SITE. ,./, . 4. PIER HEIGHT REQUIREMENTS WILL BE DEPENDENT ON SITE. "111•1 « pNiCD I '1 , 5. CENTRATE CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING q•. - - - II I . WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). r �\\\ E pE • . TA 5.63—I —.—�.I• I.• .—.—.�.-- -..—.—.—.-.-.-. [743] 11'. i-ir- �� jV • o C i . .___ /. . ~ ~ .k tEa *g— u L CD. rooal — 01 l0 • - - • 107.074[2740.00mm] - - -• ." SECTION C—C 150.791[3630.06mm] • __ C • ' C - 161.5591 [4103.60mm] Openng or 80.197 r2037.ODmm] - • - •. tronsl]ssIon hood JJI ('. - • DDDR FOR UOUID I _ � LLVEI ADJUSMENf E ______ �-. ,r — Ali\ E . • Q / . d 8 1‘'e B 6Ilk.\L`�I �'rl E r 1_. 5 Ae ti r B S •� 4.173 I grai1 $rc [106.00mm] v " I 'I - 10.278[261.0Dmm] 92.6th[235z50mm] - is c$ ill lPrarA • — 19.725(501.26mm] / - - / — CENTRATE 36.146[910.Ofimm] 17.500[444.50mm] I .I I 4 17.500[444.00mm] 16.250[412.75mm] DISCHARGE 19.050[412.75mm] • - IF37.75D0[953.05mm] 7. MID Q 1 . `�55.250[1403.35mm] DISCHARGE 1 A ASAP DOCUMENT No.- • A . minnow tWIT II,C 62001 inn TATE tIRE ay E1 COMMIX - .- MOW 11/01/21 AtomASHLAND. OR - miss 19100° 5 RCM 600282 Yr °"E CENTRIFUGE WITH CHUTES . MEM,TODACO Ammo o 6A SAE 910012 300110+.mC. SIE owwc w.301 1 Imr �..�.,. $lD19 1 nEt. MY 11/OS/21 ,oro cunw o_WOE scum a:E_ �:�� 2E 11� °µ,TQ 7'°°' 0 3 6 6 08 6 7-1 0 /� r1 ""0 nm 43-!E1 •.."t. ...e.... ,ol11aN NE avI R W 3191E 1/16 I�3660667-1 I -T 1°F 1 87 - 6 I 5 I 4 3 � 2 I 1 • . . a 87 6 I 5 4 3 2 1 1 r PIPING CONNECTIONS 4 SPACES O. 3,656 .625[371] NOTE:, MOTOR CONDORS AWAY FROM FRONT OF PORT SIZE DESCRIPTION 140 t/z'�HOLE - I 14 --11-.750[1 140 A CLASS 150 FEED FLANGE INLET on a E �!� �, - 2zx/.SCD(13] TO ALLOW FOR COVEIt'FA' - F113ERGLASS GUARDS.RUN MOTOR AND REMOVAL 'TOWARD REAR OF MACHINE D 9 12-1/4 X24-1/2 SOLIDS 11.102[2M4 E. q .-.12 111�� N • D RECTANGULAR DISCHARGE 1 I !t .� .-- 8-7 8 X 16-15/16 CEITO / I' D RECTANGULAR DISCHARGE ��' C r SWDCE 'Zs' RI • d L■ • �f1diY'1� Q- • '`-�- D t,�� SAMPLE ■I N N N s r . u E 1•FNFT POLYMER 1,1 '- ii Ih vi N' .I N . : (---\._n."T-_in== •F CONNECTIONa It II - nIII u I L 4i 7j i F- t'PVT coNHHECDON r I' n m e' I FFFD hu,IIC7 t . 47-.41 E I i n I 1 L.I I� I MLI • ii•• I �i a� G 1-3/B'OD T1BE CENTRATE DRAINURSING 1 [ . 111 . !!Dsmm S�! { 1 I 11.11. .a- - .750[19]-4I I • �, 12250 371 t L_ J� H 4-1/2"oD TUBE VERT I. [ ] ^ . - .. � 6.678[175]' o IQ e FLEXIBLE �iVU Cla L • 2X D 4.531' • ^ in ^ 16.125[MO `gn', • L,-� - . .�-�C \ • vIEW B-B YIEW A-A _ . / /trtt t\ SOLIDS D SCHARG5 FIANCE PATTERN ...-3- �� • µ`yQ `,\ CENT ATE DISCHARGE FIANCE PATTERN u. u...t C C , �6 • 4:;::_m. :m \. • ::.7..:241 ••�� I 115.11• [3000.00mm]t� 36'MIN.CLEAR FOR i !till .e II' 1 110N.CLEAR 1O REMOVE SCROLL - • 151A591[4103.60mnt] 1LVNiFJ7CE TIP. K. I 37.5835[054.70mm] 50.1550[2o37.O0mm1 \\ . /� • �- . O © O - - / \~� -/. ' tr60gE • ofd CO e:'•.. • . \ Iw- TAI- 1 1--V-1 , - g DCOR FOR LRAM I . r _. 1, j1 1j - 7 1 E � I `l b • �� n _ Ji n B / I v B • rn 7 /'t `J 1 i ,#11,i-. � I:' ' / AIIli1o. ' fiOl"f P >E 14.6146[37121mm] �� I �'•' ►:11 1O0 • CONNECT F1Df SC NN FLoc . 1 lT A- �/1t• •.i •�'i NOTES: - .. � '.J CONNECTOR CUtdIECfCR SOLID .J ^4 gam: III}- 1027515[261.COmm]-- 0 DISCHARGE .LII • .' r I--I-15.7450[400.00mm] I-I-15:7400[400.001m] - •�• •'�� T 1. ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS I io g 2. SEE FOUNDATION DETAILS DMF1469 FOR DESIGN LOADS 1 926161[2352.2Omm] •• :-' e� Y 6 AND CONNECTION DETAILS. CENTRATE, AAA"'.v CO . 3. ALL DIMENSIONS ARE.IN INCHES WITH mm IN []. DISCHARGE - ©5. SC OLL+UFTING BEAM 1.272LB [577'4. DRY WEIGHT OF MACHINE 10.506LB Kg] 7Kg]. 6. PROCESS REQUIREMENTS FOR INFORMATION ONLY 3 RE DER 17ACH145 tmexrs N tines AND ADDED ND1E OP nnr 6/14/16 - I-55.1161[1400.o0mm]-1 y WASHWATER:52.8-106GPM ®43.5-SBPSI NOT FOR CONSTRUCTION PURPOSES 2 01540 .ASD MOTOR STONG HOLE cox sr °0/1s^5 o1 N012 REV6FD SCROLL II CNEA.REOUIRLNT mom COX .RC D2/17/15 10 BE WENDED AND SHUTDOWN: 15min �� TO EXIExOR 6CIP: 1Omin - ASAP DOCUMENT No.- ilii a ii<vAaN 'ay moo ems A NOTE A NONE C AIR FLOW: 11 BCFM • COY=IMO w u+ WAR Im. COS memMTA ,aa 12 CDmvixc AIR P1.0W)(SEE 1A MINIMUM SLUDGE INLET PRESSURE: 7.5 PSI AT - off 11/10/14 651X EL CENTRIFUGE • CENTRIFUGE FEED FLANGE 111121 MOM=OM 14192(71,Mt °17C GENERAL ARANGEMENT A7. CENTRATE.CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING OM= MCP1 WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). 1anw,m 11"°•%�` 07m 75 AMR s� Wawa Rn ' T°� '"° '"""�"' D DMA2683 3 /`�• AaTIC1CR,17'4"CW fk SSS. si..=�� am.%kw maga - 1/15 I bW12653 I�1 pr 1 .< < ILL 1N:R gtva R�61CM 8:.. - 7 6 5 - 4 3 2 1 8 7 6 5 - 4 I 3 2 1 • 4.461[114] • ISOLATOR NOTE! 0.709PI • 1 APPLY LDCIITE TO ALL MBRATION 1SOIATOR 1__el;MM. - HARDWARE DURING INSTALLATION. D �� I 1—r� • Key• a D I Eta, • E..-,A o^ P-O 6X 1/2'X 6-1/2 H11.11 INA ADHISNE SYSTEM ' o LT 316 L SS 4-1/4'demon: DRILL _ 0/16 DA X 4-1/4-DEM DE • j . [ N ISOLATOR DETAII, SCALE 1/4 - 15.750 • [400] ANCHOR BOLT L0049011 " SEE ISOLATOR DEM . C 'u THEORETICAL TOTAL LOAD TO 015TRIBU.TE ALONG THE 4 ISOLATORS C 'fiii 11111z ON NORMAL OPEIIA'IIDN) • F S g Et R STATIC LOAD VERIICN:DYNAMIC LOAD IN LBS,A CYCLING FORCE EOUNALENT TO UNBALANCE _.I TD7.674[7740] • PERPENDICULAR TO THE ROTOR A14 AND APPUE0 TO THE CENTER OF CRANKY. n' n —_—_— _—_—_•.—_—.—_ Q WEIGHT OF E11F7Y AutHINE [;7�7e M .40990SPEED FREO. 15 090TOR ISOLATORAFTER ru $ r .` ■■ 45 UMS .g X 1.2(WITH PRODUCT)". [56112 N] M NORMAL 800 RPM 13.3 HZ [0351LN] [200 N] — i� �� I OPERATION • 7.737 LBS 154 LBS =i, 2.750 RPM 45.BHZ [34.15 N] [655 N] I FOUNDATION PLAN RBa' 3.000 RPM 50.5 HZ [557702 N] [LBS 747 N] 4.451 11 2241[57] - - • 3,200 RPM 53.3 NZ [50520 N]LBS 1[765�N] AT ISOLATORS RESONANCE 350-750 RPM 5.6-125 HR 162 185 1,273 N] • igit TOTAL PRAOT1CAL LOAD 70 CONSIDER FOR CA4WLATION OF ONE FOUNDAOON B l ' I I [TO 0157HIBI110 AHONC TH0 4 1501ARORS) B I10.506 L8S 12,727 l85 . - VERRf:AL STATIC. [47.175 N] X 1.2 [56.612 N] ____-_--__L____ -------'---'-----------�--- -- -— ,2727 L65 1.275 IBIS DYNAMIC' [56• .672 N]' 9 TO..." [5.612 N] j • HORIZONTAL • DYNAMIC- 61z�N]- X 105. [5 812 1�J] . IX= (A)WHILE SHUT DOWN OF MACHINE,AND IN CASE OF'ABN05241.0R ACCIDENTAL UNBALANCE 1.ALL DIMENSIONS JR Mm16 W1IH N0001EIE S 94 II. ' 2.140 FOUNDATION DESIGN SHOWN 501CA=569509 REOUIRELENTS FOR CLEARANCE AND E ACR11l.FOUNDATION DEMON AND CONSTRUCTION TO BE FURNISHED BY . ' 3.ALL Pim TO AND FROM 1NE LACHI NE 70 BE COMPLETED 9154 110081E CONNECTIONS. 4.All VIBRATION PADS TO BE LEVE1.lam 1/32'[0.79mm]. S.APPI4030AM WE1GM: TOmL Wain awn:10.00eb 4A11k9] 1 2 ' SORCL1+1171D3'BD111: 1.27216 - FOR INFORMATION ONLY ' NOT FOR CONSTRUCTION PURPOSES ' - '. • Amans NONE ROASED SAME CS AND 440105 DP SIT 6/14/15 1 NONE REVISED WEERTR IN NOTES CAN .516 07/17/15 A . ASAP DOCUMENT No.- ,item m1 .AMON n RAJ out A tmwro 113.1111122 ORuxDea H 11/24/14 DM O2 EOM= VIIEINI Swot a 9n 6112 DDETAILS E2 CENTRIFUGE Mot=at MIME FOUNDATION ��. �. ?DiAIO NGAr MAOIm fO 110 MORi m128T91.LC. EIMVIO 1 ,...0—......=...........== j= =UM 11121-T 01/D�/15 '"Omar , :>o IN D DMF 1469 Z .'.1«.".... 540 Dal Al On PRIECION uld 1/16 I HEI DMF1469 19611 1 a 1 8 7 6 I 5 I - 4 • 3 I 2 1 • . .6 ` r 8 1 7 6 . 5 4 3 2 1 D • -. .... w __ l • D • 111• —iR"fib Ec"Aw ngmg1'r r`xlmm • avow ' . b316.11 ..fL a 1-- .. Imo_ t .. • • • J . 4,6 , .1,ti. C 9Nal a5 C Pal 11,31— . • � 11�-- -------- -- N • —nt511N0 ' IRS:;!S rAFWR7 AAD 971111 (9 0510515 FOR MAJOR CONPONENIO FULL — - • E1E _�' -1�I HAWN CONPON tr ON f5 UNITS — E 1'S.1'.'-III sir. ,Iir.• - • lbs 169 Ib5 Ee C Iii7 sus..-.�' 1. Nato tldriv Mat.to P( ODYN and motpf puEport(10050) 1.505 775 N/A N/A. �;;_��i 2. Serail drive motor(20HP) 355 152 N/A N/A ` v ' _.... _._ O _. _., __... _._O - 5, 5groll plug standard Antlrili Illeip qpm • 1272 577 N/A N/A • ° 1 4. Rotating pasomhb(amply)fnoludino x,011 4.532 2.101 5.513 2.545 inis`.' _==�=a.y. 5. Food pip. 46.4 21.03 N/A N/A 6. SEN.and Kong bar for rotating 03110,11W Or supplied by ANOR112) 545 155 N/A N/A B ora MN] • 7.7.Motorand oxl eavar 4.213 1.911 N/A N/A B • _ 145 65 11/A N/A 9.9... ' .Complvlo nankin.(empty) 10.605 1.511 N/A N/A • Notos: 1. Milixrpbt to d•tonnino roqulr.d rating for all Elting davieao 000d. I • . tan 1.0 on • • mar 11711 Mc• - vrn ' • a a 11111111M1111111.7.111 • 1FOR INFORMADON ONLY 4 NONE MOM FEED PIPE MM. 00 m E9/1t/19 ' �f''"" AIA NOT2OR CONS(RUCEON PURPOSES 'I��St6!l-I� 1,t�11 insIII III, - till, ,I J NON. REvSEn COMPONENT nnans tip MY i/o1/1 11 I �i Ir • 2 NONE WMTm•OMPON /14/111 '00 171 11/01/15 In knp I 1 NONE UPDATED NE d(f5 ANO WEIGHT 15815 ' 1M m1 3/17/18 A - ••.IX ASAP DOCUMENT No. iv 55 xgw9N n urg. ate A . r� mem wow?*Ms OAt11N Ern 5/ • TOE O51X Q Ct1111O1105 ,,,,mow a�u�a am.,a _ 111( D5/13/15 . Kart 1( 05/13/15 D5UC E2 CENTRIFUGE • 3311.,Rga;°�'"`°4` mum moon Est DATE 00903.019 N NMLIFTING ARRANGEMENT _ ' ,1II} lllt 07P591m 9t, Gne 1910 CENYO 50179.009..SOUIM 5GG NGMNO 1.10199 for 7A 5/44/15 +xlra7os.i so 1mm D D M A2 6 9 3 4 �'"�.ne'▪-q�w��.°o�.a.�..'�:1�..r - )971.011 oci.7IW425 A714904).--). ��I 01006 1 '1 so-5x11 ▪ .11:11%...�.ew...a. .v... 005005 1 / � 10 00. PR JEC ON�Y 'fir 544X 1/16 I i3E DM95693 15411 1 .7F 1 87 6 5 4 3 2 1 • 8 . 7 6 5 4 3 2 1 NOTES: NOTE: KEEP MOTOR CONDUITS AWAY FROM FRONT OF 1. ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS. To ALLOW FGUARDS. R COVER UNND OTOR V NDUrts TOWARD REAR-OF MACHINE 2. SEE FOUNDATION DETAILS WITH DESIGN LOADS _ ' AND CONNECTION DETAILS SUPPLIED AFTER ORDER. • D 3. CENTRATE AND SOLIDS CHUTE SHOWN AS GENERAL D REPRESENTATION. SLOPE AND ELEVATION DEPENDENT ON SITE. • 4. PIER HEIGHT REQUIREMENTS WILL BE DEPENDENT ON SITE. { �' I rriaY1 O 5. CENTRATE,CASINGDRAIN TO BE CONNECTED TO CENTRATE PIPING I .--_-.1.2._ i r WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). "-- ^.!✓ IFTq, 1 E E 5.63 --- .11___-i IV D or--_._.---------�- _ -___ - 7/ ims. . . 0 el l _ 107.074[2740.00mm] - SECTION C—C 150.791[3630A6mm] - C 161.5591 [4103.60mm] Opennp of e0.197[7A37.00mm7 \ transmission Fuad DOOR FOR ADJUSTMENT I1' LEVEL AFURSOAEM ♦ .� i'.' c — u � • Idfitt \I it.' e / .C5 )\ g __— y' =.____i_ IS I III 111 I INH, B iliFfI 4.173 J s Z ' i [1o6.00mm)� I I 10.275[261.00mm) . 92e19[73szs0mm) �� ',!'D cf 11111r 19.735[501.26mm]- . . . II DISCHARGE 36,143[916.D5mm] 17.500[444.50mm] I I. -1 —17.500[444.50mm] 18.25D(+12.75m4 - r DISCHARGE - 116850[41ZZSmm] 111111 370509[956.95mm] • OUD 95.250[14033smm] DIS GE 1 J A ASAP DOCUMENT No.- A ORAlm kart N l@ DOWN 41: -DATE: 1mE - MAW 11/01/21 oluc a WW1= "'�oa'a"Na LORI RUMOR a1i OAT, MOM CENTRIFUGE WITH OR .""""....117P.... lIM 10mm'm Ef: DAlo NIWkZ WARATON.OIG Sat 0.V.MWG MM. pe,- we • Tlnl' "'D3/51 ,wa CDNYGULL d �"" 0 3 6 60867—1 0 AI1USM".Th'"" 77600, : = 02X1 111x0 ii."�4 s �Y.- mL On N l�_._d Fxoxc fon?+ss-sal, w•� 1/16 I M 3000057-1 I S T 1 ar 1 8 ..e 7 6 5 .4 3 2 1 w h Council Business Meeting • June 7, 2022 Y ` Approval of a Sole Source Purchase from Andritz Separation Technologies — !_Agenda`Item:_ Wastewater Centrifuge From Scott Fleury, PE Public Works Director Contact• ` Scott.fleurye,ashland.or.us - 541-552-2412 SUMMARY • Before the Council is a request to approve a Sole Source purchase from Andritz Separation Technologies in the amount of$452,400.00,for a new Andritz D5LX Centrifuge including the variable frequency drive (VFD), control panel and delivery of the system. The cost for previous repairs and age of the units requires replacement and the equipment is proprietary and not available through another source. • POLICIES,PLANS & GOALS SUPPORTED City Council Goals: ' Essential Services • Sewer Value Services: • Emergency Preparedness • Address Climate Change • CEAP Goals: Address Climate Change by helping to reduce Ashland's greenhouse gas emissions and to prepare the city's communities, systems, and resources to be more resilient to climate change impacts. Department Goals: • • Maintain existing infrastructure to meet regulatory requirements•and minimize life-cycle costs • • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources . • PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION • The City owns and operates the Ashland Wastewater Treatment Plant (WWTP) located at 1295 Oak Street, Ashland, Oregon. The Plant has numerous critical systems that allow it to operate and meet National Pollution Discharge Elimination System(NPDES)permit requirements. One critical system is for sludge dewatering. The sludge management system at the WWTP includes a sludge storage tank and two centrifuges. The centrifuges are operated three to four hours per day and until recently did not require significant annual maintenance. When one of the centrifuges are down for maintenance, staff rely on the remaining one to work efficiently. If the treatment plant were to have two non-operable centrifuges at one time, emergency measures would need to be enacted in order to perform sludge management operations. This would include emergency procurement of a trailer mounted centrifuge and/or.hauling liquid sludge to the City of Medford's reclamation facility for processing in • Page 1 of 2 CITY OF ASHLAND . • • •• their existing drying fields. The wastewater treatment plant has one week of sludge storage capability to utilize while emergency measures are put in place. • Both centrifuges are in need of repairs again,with one currently at the repair facility being repaired and is expected to be out of service for 24 weeks. In order to keep the system.operating efficiently and reduce the risk associated with centrifuge failures, Public Works is recommending one unit for full replacement at this time and will plan on requesting replacement of the second unit through a budget request within the next two biennium. The concept will be to have three centrifuges, two.new units and a third"repaired"unit that can provide 'redundancy backup in case repairs are needed at some point in the future on one of the newer units. In 2019 the City contracted with Jacobs to perform a Wastewater Facilities Assessment. The assessment included review of the centrifuge dewatering system and concluded they were operating at a high level and not in need of replacement as they were identified as repaired and operating at a high level. Since the assessment the centrifuges have needed multiple repairs exceeding $140k. The centrifuges installed are proprietary equipment the building structure footprint,piping layout and pumping process to operate the units. To save money,time and to avoid redesign and building structure changes to accommodate another brand staff is recommending replacementin-kind with same brand of unit. There are no other suppliers that can provide compatible equipment to accomplish this other than Andritz Separation Technologies. • FISCAL IMPACTS Funds to support the purchase of a new centrifuge and refurbishing of the existing units will come from existing appropriations within the Wastewater Fund. STAFF RECOMMENDATION • Staff recommends approval of the Sole Source purchase from Andritz.Separation Technologies in the amount of $452,400.00. ACTIONS, OPTIONS & POTENTIAL MOTIONS I•move to approve a Sole Source purchase with Andritz Separation Technologies in the amount of $452,400.00 and authorize the City Manager to sign the contractual agreement. I move to direct staff to solicit for engineering for redesign and release invitation to bid for construction to accommodate other centrifuge systems. REFERENCES & ATTACHMENTS . Attachment#1: Sole Source—Form 6. • Attachment#2: Andritz Replacement Letter • Attachment#3: Andritz Information Letter • Attachment#4: Andritz Centrifuge Proposal • Attachment#5: Andritz Centrifuge Preliminary Drawings , • • • • Page 2 of 2 CITY OF ?ASHLAND K u FORM #6 cITY OF ASHLAND Sc.ams:c1U1It1rgommEmo/A4movr � ��V•VinuaTa �Fr+,�Imonscosi G'OO�ODSYNDISEVIVINEIS Gtreater than MUNI To: Joseph Lessard, City Manager From: Scott Fleury, Public Works Director City of Ashland Public Works Date: April 20, 2022 • Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $452,400.00 Project name: Wastewater Treatment Plant Centrifirge Replacement • Description of goods and services: Provide a new Andritz DSLX Centrifuge, Centrifuge VFD Panel, Centrifuge Control Panel and Delivery of items.set forth in the proposal from Andritz Separation Technologies. (Installation provided by staff and contracted Scada integrator CSNW) • Background: The City owns and operates the Ashland Wastewater Treatment Plant located at 1295 Oak St.,Ashland, Qr. The current Centrages have needed repairs nine times over the last three years exceeding.$140,000.00 for those repairs. Both centrifuges need expensive repairs and due to the excess of cost for repairs without successand the age of the unit it is recommended for replacement. Unfortunately, the centrages installed are proprietary equipment as is the centrifuge footprint,piping, and pumping prepared for the units. In an effort to save money and time to avoid redesign and construction to accoMmodate another brand we are recommending replacing in-kind with'the same brand of unit. There are no other suppliers that can provide compatible equipment to accomplish this other than Andritz Separation Technologies. • • • Form#6-Sole Source—Goods and Services—Greater than$100,000,Page 1 of 3,6/2/2022 , r • Findings: - Market Research Overall.finding: . Our research shows that only Andritz Separation Technologies are compatible with our existing centrifuges as confirmed in the attached letters from Andritz. There are no other suppliers that can provide equipment compactable for replacement. . [In accordance with.ORS 279B.075, these are the examples of findings that should be addressed Select at least one of the findings and prepare the determination as it specificdlly relates to the goods or services being procured. More than one finding can be addressed. The findings are as follows.] Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your'determination that the efficient utilization of existing goods requires the acquisition of compatiblegoods or services from only one source. Any replacements centrifuges and/or components to existing centrifuges have to be compatible with Andritz units which are only supplied by Andritz Separation Technologies. Replacing with a different brand would require redesign and construction of the centrifuge footprint,piping, pumping and the use of chemicals. Therefore, Staff recommends replacement with the Andritz D5LX Centrifuge as there are no other compatible suppliers. . • Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 279B.075 (2)(c): Provide fmdings supporting your determination that the goods or services are for use in a pilot or an experimental project. ' N/A S Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. None • • • Form#6-Sole Source—Goods and Services—Greater than$100,000,Page 2 of 3,6/2/2022 f 7 PUBLIC NOTICE: Pursuant to OAR 137-047-0275 (2), a Contracting Agency shall give public notice of the Contract Review Authority's determination,that the Goods and Services or class,of Goods and Services are available from only one source in a manner similar to the public notice of Competitive Sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services to be acquired by a Sole Source Procurement. The Contracting Agency shall give such public notice at least seven days before Award of the Contract. After the Sole Source Procurement has been approved by the City Council,the following public notice will be posted on the City's website to allow for the seven(7) day protest period. Date Public Notice first appeared on www.ashland.or.us -[Enter date] PUBLIC NOTICE • Approval of a Sole Source Procurement First date of publication: [Enter date] . • A request for approval of a Sole Source procurement was presented to and approved by the City Council, acting as the Local contract Review Board, on[Enter date]. , It has been determined based on written findings that the following Goods and Services are available from only one source. • Enter description of goods and services, name of vendor/contractor, cost, terms of contract, etc. • • The contract terms, conditions and specifications may be reviewed upon request by • contacting[Enter City contact name, department, and telephone.number] An affected person may protest the determination that the goods and services are available from only one source inaccordance with OAR 137-047-0710. A written protest shall be delivered to the following address: City of Ashland,[Enter department name, contact name, and complete address]. The seven(7)day protest period will expire at 5:00pm on [Enter date-seven calendar days from first date of publication] • This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Sole Source procurement. • • • • • Form#6-Sole Source—Goods and Services—Greater than$100,000,Page 3 of 3,6/2/2022 • 1. • A• • • March 24, 2022 • Page:1(total 1) • City of Ashland 90 North Mountain Ave. • Ashland, OR 97520 • • Attn: Mr. David Gies-Wastewater Supervisor • Subject: Supply of Replacement ANDRITZ Centrifuge for the City of Ashland WWTP • Dear Mr. Gies, • ANDRITZ SeparationTechnologies Inc. (ASTI) is an original equipment manufacturer(OEM) of liquid/solid separation equipment and hold the sole rights and ownership to the ANDRITZ D5LL and ANDRITZ D5LX centrifuges as installed or proposed for installation at the Ashland WWTP..AII,manufacturing components are based on ANDRITZ's proprietary drawings and ANDRITZ engineered specifications. • • ANDRITZ SeparationTechnologies, Inc. is the exclusive sole source supplier of these centrifuge models • through our local representative APSCO for the state or Oregon and we do not operate with any regional or local local distributor networks. No other entity, secondary supplier, third party or company has legal o rights to act as a representative or perform mechanical services representing ANDRITZ or)ASTI for this equipment. • z z W Sincerely, e...-c-'c-4----gff-QQI • • Bruce SoRelle • National Sales Manager ANDRITZ Separation Technologies Inc. • • 1010 Commercial Blvd South Arlington, TX 76001 • • • .(817)266-9732 Cell• • (817)419-9732 • Bruce.sorelle@andritz.com • AMR�TL • ANDRITZ Separation Technologies Inc./1010 Commercial Blvd.S/Arlington,TX 76001/andritz.com • . r ' March 24, 2022 • ` . • • Page:1 of 2 City of Ashland 90 North Mountain Ave. Ashland, OR 97520 Attn: Mr. David Gies=Wastewater Supervisor Subject:ANDRITZ Replacement Centrifuge for the City of Ashland WWTP • Dear Mr. Gies, ANDRITZ SeparationTechnologies Inc. (ASTI) is proposing to replace your existing D5LL centrifuge with the D5LX which is the newer upgraded model.The D5LX proposed for the centrifuge replacement has the same bowl diameter and same motor sizes as the existing D5LL.The D5LX has a different configuration which offers improved performance, lower power consumption, and reduced vibration in comparison to the current D5LL. v, The D5LX centrifuge can be mounted on the same concrete piers as the existing unit with no major N structural'modifications or changes to the floor openings, using a support stand and chutes that have 0 been included in the ANDRITZ proposal.This is a big advantage over replacing your centrifuges with cc another supplier's equipment,since that would entail significant costs for a complete redesign of the facility. • 0 z W • ANDRITZ has prepared a layout drawing of the new centrifuge with this support mounting. Also included in the scope of supply are the transition chutes so that you can connect to the existing chutes with no modifications rquired to the floor openings. This mounting arrangement has been used by Andritz at other plants that have replaced their older D5LL machines with the newer D5LX machines. The proposed D5LX is currently in stock in Pittsburg,Texas, and has been put on hold for a 30-day period pending confirmation of your order.This centrifuge is presently stored in a crate, and is ready for final assembly with the installation of drive motors and instruments. Because it has been in storage, ANDRITZ would.replace the bearings and seals and test run the machine before final delivery. Please note that by using the stock machine,this provides Ashland with a lower price and better delivery than if we were starting out with a newly ordered machine based on current supply chain issues and ongoing material cost increases. NORM ANDRITZ Separation Technologies Inc./1010 Commercial Blvd.S/Arlington,TX 76001/andritz.com ti • • A Page:2(total 2) Our proposal includes a new VFD/Starter Panel and a new PLC/Control Panel with the latest controls.The motors for the D5LX are the same as the.existing D5LL; and the control system'configuration is similar.As an option, it may be..possible to carry out a full controls upgrade by installing new VFDs, PLC and touch screen in the existing enclosures,'along with any other required upgrades. By upgrading the existing panels on site,the cost of the equipment package would be similar, but this would potentially reduce your overall installation costs since you would not have to pull out the existing cabinets and put in new ones in with the associated wiring costs, etc.This,option can be evaluated at the start of the project.• Once the new centrifuge is installed,ANDRITZ would be interested in buying back the existing DSLL. Thank you for the opportunity to assist you on this project. Please feel free to contact me or Shawn Clark if you need any additional information. \ N Sincerely, • / W u • 40.A-k c o r W Denis Piche Z Regional Sales Manager—US Northwest W ANDRITZ Separation Technologies Inc. 1010 Commercial Blvd South Arlington,TX 76001 • ' Mobile: (430) 650-4131 • denis.piche@andritz.com . . Local Representative: • •APSCO LLC 922 NW.Circle Blvd. Box#405, Ste. 160 • Corvallis OR 97330-1410 ' Mobile: (541) 602-3016 ' , • sclark@apsco-Ilc.com Firm Proposal Ashland WWTP. - Ashland, OR D5LL Centrifuge Replacement -. D5LX Centrifuge Proposal: 3660867-1-Rev-1 • Date: 18-Mar-2022 • 1,M . f'. P 1/1 • Q' _ W W - i• z 3 • Prepared by: Local Representative: • ANDRITZ Separation Technologies Inc. APSCO LLC 1010 Commercial Blvd. S. Corvallis, OR Arlington, TX, 76001 USA Denis Piche— Regional Manager NWUS Shawn Clark—Vice President Tel: (403) 650-4131 Tel: (541) 602-3016 Email: denis.piche@andritz.com Email: sclark@apsco-Ilc.com • M1 PJTL ANDRITZ Separation Technologies Inc./1010 Commercial Blvd.South/Arlington/TX 76001/USA/Phone:+1 (817)465 5611/Fax:+1 (817)468 3961 Confidential document.All rights reserved.No duplication or disclosure to third parties permitted without the written consent of ANDRITZ. • • A page:2(total 16) • Contents 1. DESIGN CRITERIA AND CENTRIFUGE SIZING •3 2. CENTRIFUGE TECHNICAL DATA • 4 3. SCOPE OF SUPPLY 6 4. . PRICING AND COMMERCIAL TERMS 10 5. ANDRITZ STANDARD TERMS AND CONDITIONS OF SALE • 13. APPENDIX A-PRELIMINARY CENTRIFUGE DRAWINGS • 16 • • • • • • Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 ' • • • • page:3(total 16) 1.. DESIGN CRITERIA AND CENTRIFUGE SIZING 1.1 Design Criteria Application Municipal Wastewater Sludge Dewatering Type of sludge Waste Activated Sludge Feed solids concentration 1.0—2.0% TS Design flow • 140 gpm—to be confirmed Design solids load 700-1400-Ib/hr at 140 gpm—to be confirmed • 1.2 Centrifuge Selection and Expected Performance • Centrifuge Model ANDRITZ D5LX Decanter Centrifuge Minimum dryness Simlarto existing D5LL Estimated polymer dosage Similar to existing D5LL Solids capture rate z 95%of TSS Notes: • Dewatering performance and polymer dosage subject to,testing a representative sample of sludge. • • • • • • • Ashland WWTP—D5LL Centrifuge Replacement • 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge ( Date:18-Mar-2022 • A , page:4(total 16) 2. CENTRIFUGE TECHNICAL DATA 2.1 General Data • • Model Number: D5LX Dimensions (L x W x H): 162 x 48 x 70 in Empty Weight including drives: 10,606 lb Full weight with water: 12,727 lb Inside Bowl Diameter: • .20.5 in Bowl Length: • 90.2 in Maximum bowl speed: 3200 rpm G value at maximum speed: 3000 Scroll type: Counter-Current, High Performance Type of drives: AC,VFD controlled Main drive motor size: 100 HP Back drive motor size: 20 HP. • Main Bearing Lubrication: Grease lubricated Bearing L-10 rating: minimum 100,000 hours Gearbox Type:. In-Line Cycloidal Reducer(Sumitomo) Gearbox Torque Rating: 7,960 Nm Noise Level: <85 dB(A) measured at nominal speed from lm while empty Vibration Level: <0.18 in/s maximum on bench test at nominal speed (ISO 10816-1) Wash water flow rate: 50-100 gpm for 10-15 minutes at 40-50 psi supply pressure Centrate air vent requirement: 120 cfm Pond depth adjustment: Adjustable sliding weir plates with Turbojet Nozzles , Minimum sludge feed pressure at manifold: . 7.5 psi ,Area Classification for Centrifuge Location General/Non-Classified Ashland WWTP—D5LL Centrifuge Replacement .3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 4 ' ti A page:5(total 16) • • • • 2.2 Materials.of Construction • • Bowl: 2304 Duplex stainless steel Feed Chamber: . - • 316L stainless steel Solids Discharge: 316L stainless steel Scroll Conveyor: • 316L stainless steel Scroll.conveyor flights: 316L stainless steel Feed Pipe: 316L stainless steel Housing Casing: 316L stainless steel Frame: - Carbon steel, epoxy coated Bowl Cover: FRP • Drive Guards: • FRP Fasteners: • 316 stainless steel Seals: ' BUNA N . • 2.3 Centrifuge Wear Protection • Scroll Conveyor Flights: , Tungsten carbide tiles over full length of scroll Feed Chamber: Flame sprayed tungsten'carbide with,replaceable polyurethane liner • Conveyor Feed Ports: Field-replaceable sintered tungsten carbide inserts Solids Discharge Ports: Field-replaceable sintered tungsten carbide inserts Bowl Wall: Integral cylinder and cone grooving Cake Discharge: ,Replaceable stainless steel shroud • • • • • • Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • • • • page:6(total 16) 3. SCOPE OF.SUPPLY i 3.1 Dewatering Centrifuge Equipment Item:' Qty.. - Description, • • 1 1 ea. ANDRITZ D5LX Decanter Centrifuge • 2304 duplex stainlesssteel bowl with machined internal grooves • 316L stainless steel scroll with tungsten carbide tiles • 316L Stainless steel wetted parts • Carbon steel frame with epoxy coating • Field-replaceable sintered tungsten carbide feed and discharge ports • FRP bowl cover and FRP drive guards ' • • 100 HP main drive,460V, TEFC, IP55,WEG • '20 HP back drive,460V,TEFC, IP55, WEG • Power regenerative drive system • .Cyclo,gearbox • • Bearings L-10 for minimum 100,000 hours • • • Vibration isolators • Centrifuge located in non-classified area Solids Discharge Connection with Slide Gate: • SS316 cake discharge chute with sample port to connect to existing D5LL discharge chute, including flex connection between centrifuge and chute. • Centrate Discharge Connections: • SS316 centrate chute with sample port to connect to existing D5LL • discharge chute, including flex connection between centrifuge and chute Feed Connections: ' • SS316 pipe manifold connection for the sludge feed, polymer and wash water c/w a flexible connector ' • Support Stand (refer to Drawing 3660867-1) • • Hot-dip galvanixzed steel support stand to raise the D5LX to the same height as the existing D5LL, supported on the existing concrete piers. ' Centrifuge Machine Wiring and Instruments: • NEMA 4X 304 SS Terminal Box wih Pheonix Contact Terminal Block • • Two (2)bearing temperature sensors, WEED Instruments. • Two.(2)vibration sensors, IFM VKV022 • One (1)bowl speed sensopr, P+F • Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022' 4 • to • • page:7(total 16) • Item Qty: Description 2 1 ea. Centrifuge VFD Starter Panel • NEMA 4X Stainless Steel 316L, Freestanding,with Air Conditioner • 460 VAC Power Input • 25KAIC @ 480 SCCR Main Breaker.Rating • DC Bus Fuse Kit • 3-Phase Fuses • Allen Bradley VFD Power Flex 755 100HP ND with Safe-Torque-Off and Door Keypad • Allen Bradley VFD Power Flex 755 20HP ND with Safe-Torque-Off and Door Keypad . • DC Bus Connection between Bowl and Scroll VFD's • 24VDC Power Supply • Control Relays • Miniature Circuit Breakers for Low voltage loads • Ground Bar • Control Power Transformer • Light Package • E-stop mounted on door • Phoenix Contact Terminal Blocks • UL 508a Listed 3 1 ea. Centrifuge Control Panel • NEMA 4X Stainless Steel 316L, Freestanding with Air Conditioner , , • 120VAC Power Input • 5KAIC @ 120V SCCR • PLC: Compactlogix • OIT: PanelView Plus 7 10" • • Control Relays • DC Power Supply • Unmanaged Ethernet Switch • Surge/Filter • Interposing Relays_ • Safety Relay • • E-stop mounted on door • Lighting Package . . • • Phoenix contact.Terminal Blocks • UL 508a Listed " Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 page:8(total 16) Item i Qty, Description, • 4 1 lot Centrifuge Standard Tools • One (1)Scroll lifter • One(1) set of slings and shackles for lifting rotating assembly • One (1) Pin extractor • . One (1)Scroll thrust bearing extractor • • One (1) Greasing set • One (1)set of wrenches • J • One (1)set of threaded rods • One (1)grease pump • One (1)tool box • One (1) lot lubricants for first fill • 5 1 lot Centrifuge Spare Parts for One Year Operation • One (1)set of main bearings . • One (1)set Gaskets, 0-rings and Seals •. One(1)set Drive belts 6 1 lot Engineering and Shop Drawing Submittal ANDRITZ will supply the'following documents (one e-copy): ' • . Arrangement drawings with dimensions for the ANDRITZ scope • Motor.list • , • Written sequence of operation including all interlocks • Electrical drawings with control panel layout and terminal box details • Mechanical drawings . • Installation, operating and maintenance manuals (3 hard copies) • Seismic calculations stamped by Oregon PE 7 1 lot Freight to Jobsite (unloading not included) 8 1 lot Manufacturer's Site Services: • • Installation Checkout, Startup, Testing and Training: 1 trip/5 days Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 a • • page:9(total 16) 3.2 Excluded from ANDRITZ Scope of Supply The Andritz scope of supply does not include the following items as may be necessary for ,equipment.installation &operation to the performance levels specified: • • Civil and structural engineering work, including design &supply of structural steel &concrete as needed for support of the Andritz supplied equipment • Static calculations of foundations, building and building plans(Andritz will furnish load data) • Building modifications • Platforms and access stairs or ladders • All utilities required for operation and erection • • Unloading and unpacking at site • Installation • Cranes or other lifting devices to install equipment • Other instruments not specified in our scope of supply • • • On-site wiring, piping or installation outside of skid assembly • Interconnecting piping,valves,fittings, drain hoses, outside of skid assembly • Wash water pump • • Sludge feed tank • • Sludge feed pump • • Sludge flowmeter • • Diverter gate • Cake discharge conveyor or cake pump • Centrate receiving tank and pump • Lifting frame or hoist for centrifuge maintenance • Polymer for Startup and performance testing • Laboratory testing for startup and performance testing Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge Date:18-Mar-2022 • f • . A • page: 10(total 16) 4. PRICING AND COMMERCIAL TERMS ' 4.1 Dewatering Centrifuge Equipment • • Item, Qty': Description Budget Price (SUS). 1 1 ea. ANDRITZ D5LX Centrifuge Included 2 - :'1 ea. Centrifuge-VFD Panel • Included ' • 3 1 ea. Centrifuge Control Panel • Included 4 1 lot Standard Tools Included 5 1 lot Spare Parts Included 6 1 lot Engineering and Shop Drawing Submittal Included 7 1 lot Freight to Jobsite Included 8 1 lot Manufacturer's Site.Services Included • BUDGET PRICE for One(1) D5LX Centrifuge Price in US Dollars, DDP Jobsite,taxes not included $452,400.00 4.2 Terms and Conditions • • This proposal is based on the attached ANDRITZ Separation Technologies Inc."Standard Terms and Conditions of Sale" provided as a basis for reaching mutually acceptable Terms and Conditions. • • Ashland W,WTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge • Date:18-Mar-2022 • • • • k • A . • page:11 (total 16) 4.3 Special Conditions • Prices are quoted in US Dollars. .• • Pricing is valid until March 31, 2022 and is based on using a stock D5LX which is currently avaialble at our shop in Pittsburg,Texas,which has been put on hold for Ashland until March 31,2022. •• Warranty period is the earlier of 12 months from startup and 18 months'from delivery • Pricing above does not include any local,federal taxes, permits or other fees. • • The quoted price in this proposal has been calculated based on the current market prices • required to manufacture the quoted equipment and services pursuant to regulations, duties and law in effect as of.the date of this proposal. In the event that the introduction of new tariffs, levies, duties, regulations,or any type of legislation by a domestic or foreign bovernment has • the effect of increasing the price of the quoted equipment or services, ANDRITZ reserves its right to adjust its quoted price in'order to reflect these increases in cost. Nothing in this • document or in any of the applicable contractual documentation shall be construed as a waiver • of this right. 4.4 Terms of Payment • C Andritz Separation proposes the following payment terms(net 30 days): • 30% upon issue of Submittals . • 60%upon Equipment Delivery • 10% upon Equipment Startup, not to exceed 180 days from Delivery. 4.5 Delivery Schedule - Delivery is based on the use of a new D5LX centrifuge that is currently in stock at our shop in . Pittsburg, Texas, and is ready for final assembly.The control panels will be built and programmed at • our facility,in Arlington, Texas. Drawing submittal: 4-6 weeks after executed PO / . Equipment ready to ship: 20-24 weeks after return of approved drawings • Ashland WWTP.—D5LL Centrifuge Replacement / 3660867-1-Rev-1' ANDRITZ D5LX Centrifuge Date:18-Mar-2022 a • A• page:12(total 16) 4.6 Site Services On request, Andritz will provide additional field services for$1,500 USD per day.plus expenses, based on eight(8) hours/day. At the request of the Purchaser, overtime service will be provided at a rate of 1.5 times quoted rates for weekdays and 2.0 times.quoted rates for weekends. Expenses are defined as the cost of travel from Seller's•plant to the point of installation and return, together will all living expenses during the period of service. , • . F ' • • • • • • • • • Ashland WWTP—D5LL Centrifuge Replacement —.3660867-1-Rev-1 • ANDRITZ D5LX Centrifuge Date:18-Mar-2022 A • • • • page:13(total 16) � • 5. ANDRITZ STANDARD TERMS AND CONDITIONS OF SALE • 1. TERMS APPLICABLE • (a)These Terms and Conditions of Sale are the only terms which govern the sale of the products,equipment,or pads(Products')pursuant to the quotation or acknowledgement of the Andritz entity supplying the same peter)or Buyer's purchase order or other written document issued by Buyer.These Tens and Conditions of Sale control,supersede and replace any and all other additional and/or different tens and conditions of Buyer,and Seller hereby objects to and rejects at such terms end conditions of Buyer without further notification,except to the extent Seller expressly agrees to such conditions in writing.Buyer's authorization for Seller to commence work under the Agreement or Buyer's acceptance of delivery of or payment for any Products covered by this Agreement,in whole or in part,shall be deemed Buyer's acceptance of these Terms end • Conditions of Sale.The teen'Agreement'as used herein means(1)these Terms and Conditions of Sale,(2)Sellers quotation or acknowledgment together with any attachment thereto end any documents expressly incorporated by reference,and(3)Buyer's purchase order or other written document issued by Buyer,together with any attachment thereto end any documents expressly incorporated by reference(but excluding any Buyer terns and conditions attached thereto or incorporated therein by reference)..In the event of a conflict between any documents forming the Agreement,such documents shell be construed in the above-listed order of precedence. (b)Prior to Buyer's acceptance of any Seller quotation in which these Terms and Conditions of Sale are incorporated,in the event that the introduction of new tariffs,levies,duties,taxes,regulation,or any type of legislation bye domestic or foreign government hes the effect of increasing the price of the quoted Products,Seller reserves its right to adjust its quoted price in order to reflect these increases in cost Nothing in this document,or any of the applicable contractual documentation shell be construed as a waiver of this right 2. DELIVERY;RISK OF LOSS AND TITLE (a) Delivery dates are good faith estimates and do not mean that'time is of the essence'Buyers failure to promptly make advance or interim payments,supply technical information,drawings end approvals will result in a commensurate delay in delivery.If the parties have agreed to liquidated damage in this Agreement for Seller's delay in achieving certain milestones,(i)the parties acknowledge end agree that Buyers damages ' for Seller's delay are difficult to predict with any certainty,end such liquidated damages are nota penalty but a reasonable estimate of Buyer's delay damages;(ii)such liquidated damages shall not exceed an aggregate value of five percent(5%)of the Agreement price and shall be Buyer's exclusive remedy for any delay by Seller in performing any of its obligations under this Agreement and(iii)Buyer agrees Seller shall not be liable for liquidated damages if Sellers delay in achieving a milestone subject to liquidated damages has not delayed Buyer's ebil'dy to use the applicable Products. (b) Upon and after delivery,risk of loss or damage to the Products shall be Buyer's.Delivery of the Products hereunder will be made on the terms agreed to by the parties es set forth in this Agreement,according to INCOTERMS 2010.If no INCOTERM Is agreed elsewhere in the Agreement,delivery of the Products will be made FCA.Title to the Products shall transfer to Buyer upon final payment therefor. 3. WARRANTY (a) Seller warrants to Buyer that the Products manufactured by it wit be delivered free from defects in materiel and Workmanship.This warranty shall commence upon delivery of the Products and shall expire on the earlier to occur of 12 months from initial operation of the Products end 18 months from delivery thereof(the'Warranty Period'7.If during the Warranty Period Buyer discovers a defect in material orworkmanship of a Product and gives Seller written notice thereof within 10 days of such discovery,Seller will,et its option,either deliver to Buyer,on the same terms as the original delivery was made,according to INCOTERMS 2010, a replacement pert or repair the defect in place.Any repair or replacement part furnished pursuant to this warranty are warranted against defects in materiel and workmanship for one period of 12 months from completion ' of such repair or replacement,with no further extension.Seller will have no warranty obligations for the Products under this Paragraph 3(e):(i)if the Products have not been stored,installed,operated and maintained in accordance with generally approved industry practice and with Sellers specific written instructions;(ii)if the Products are used in connection with any mixture or substance or operating condition other than that for which they were designed;(iii)if Buyer fails to give Seger such written 10 day notice;(iv)if the Products are repaired by someone other then Seller or have been intentionally or accidentally damaged;(v)for corrosion,erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable;or(vi)for expenses incurred for work In connection with the removal of the defective articles and reinstallation following repair or replacement (b) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE.THERE ARE NO OTHER WARRANTIES,WHETHER STATUTORY,ORAL, EXPRESS OR IMPLIED.IN PARTICULAR,THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (c) The remedies provided in Paragraph 3(a)are Buyer's exclusive remedy for breach of warranty. S (d) With respect to any Product or pad thereof not manufactured by Seller;Seller shall pass on to Buyer only those warranties made to Seller by the manufacturer of such Product or part which are capable of being so passed on. 4. LIMITATION OF LIABIUTY Notwithstanding any other provision in this Agreement,the folowing limitations of liability shall apply: • (a) In no event,whether based on contract,tort(including negligence),strict liability or otherwise,shall Seller,its officers,directors,employees,subcontractors,suppliers or affiliated companies be liable for loss of profits,revenue or business opportunity,loss by reason of shutdown of facilities or inability to operate any facility at full capacity,or cost of obtaining other means for performing the functions performed by the Products, loss of future contracts,claims of customers,cost of money or loss of use of capital,in each case whether or not foreseeable,or for any indirect,special,incidental or consequential damages of any nature resulting from, arising Out of or connected with the Products or this Agreement or from the performance or breach hereof. (b) The aggregate liability of Seller,its officers,directors,employees,subcontractors,suppliers or affiliated companies,for all claims of any kind for any loss,damage,or expense resulting from,arising out of or connected with the Products or this Agreement or from the performance or breach hereof,together with the cost of performing make good oblgafions to pass performance tests,if applicable,shall in no event exceed the Agreement price.The foregoing notwithstanding,Sellers aggregate and sole liability for any claims for(a)delay in delivery shall not exceed 5%and(b)failure to achieve performance requirements,shall not exceed 10%of the contract price. • (c) The limitations and exclusions of liability set forth in this Paragraph 4 shall take precedence over any other provision of this Agreement and shall apply whether the claim of liability is based on contract,warranty, tort(including negligence),strict liability,indemnity,or otherwise.The remedies provided in this Agreement are Buyer's exclusive remedies. (d) All liability of Seller,its officers,directors,employees,subcontractors,suppliers or affiliated companies,resulting from,erising.out of or connected with the Products or this Agreement or from the performance or breach hereof shall terminate on the third anniversary of the date of this Agreement. •(e) In no event shall Seller be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of goods serviced(unless such discovery or repair' is normally discoverable by tests expressly specified in the scope of work under this Agreement)or caused by the usa of goods by the Buyer against the advice of Seller.If Seller furnishes Buyer with advice or assistance concerning any products or systems that is not required pursuant to this Agreement,the famishing of such advice or assistance will not subject Seller to any liability whether in contract,indemnity,warranty,tort(including negligence),strict liability or otherwise. 5. CHANGES,DELETIONS AND EXTRA WORK. • Seller will not be required to make changes in the Products unless Buyer and Seller have executed a written Change Order for such change.My such Change Order will include an appropriate adjustment to the . Agreement price and/or schedule.If the change impairs Sellers ability to satisfy any of its obligations to Buyer,the Change Order will include appropriate modifications to this Agreement.Seller shall be entitled to a Change Order adjusting the Agreement price,schedule and/or any affected obligations of Seller if after the effective date of this Agreement(a)a change in applicable law,tariffs,levies,duties,taxes,regulations or ordinances or(b)any actor omission of Buyer or any other party for whom Buyer is responsible,or any error or change In Buyer-provided information should require a change in the Products or cause an Increase in the cost or change in the schedule to supply the Products. 6. TAXES Sellers prices do not include any sales,use,excise or other taxes.In addition to the price specified herein,the amount of any present or future sales,use,excise or other tax applicable to the sale or use of the Products shat be billed to and paid by Buyer unless Buyer provides to Seller a tax-exemption certificate acceptable to the relevant taxing authorities. 7. SECURITY INTEREST Seller shall retain a purchase money security interest and Buyer hereby grants Seller a lien upon and security interest in the Products until all payments hereunder have been made in full.Buyer acknowledges that Seller may file a financing statement or comparable document as required by applicable law end may take all other action it deems reasonably necessary to perfect and maintain such security interest in Seller and to protect Seller's Interest in the Products. • 8. SET OFF Neither Buyer nor any of its affiliates shall have any right to set off claims against Seller or any of its affiliates for amounts owed under this Agreement or otherwise. 9. PATENTS Unless the Products or any part thereof are designed to Buyer's specifications or instructions end provided the Product or any part thereof is not used in any manner other then as specified or approved by Seller in writing or modified by Buyer without the written consent of Seller,(i)Seller shell defend against claims made in asuit or proceeding brought against Buyer by en unaffiliated third party that any Product infringes a device claim oda patent issued as of the effective date of this Agreement in the country in which the Product will be operated,and limited to the field of the specific Products provided under this Agreement,provided Seller is . notified promptly in writing end given the necessary authority,information and assistance for the defense of such claims;(ii)Seller shall satisfy any judgment(after all appeals)for damages entered against Buyer on such claims so long as such damages are not attributable to willful conduct or sanctioned gtigation conduct and(it)if such judgment enjoins Buyer from using any Product or a pert thereof,then Seller will,at its option: (a)obtain for Buyer the right to continue using such Product or pad;(b)eliminate the infringement by replacing or modifying all or part of the Products;or(c)take back such Product or part and refund to Buyer all . payments on the Agreement price that Sailor has received for ouch Product or pert The.foregoing states Seller's entire liability for patent infringement by any Product or part thereof. 10. SOFTWARE LICENSE,WARRANTY,FEES If Buyer and Seller have not entered into a separate license agreement,the following Software Terms and Conditions apply to any embedded software produced by Seller and furnished by Seller hereunder. Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 ANDRITZ D5LX Centrifuge I Date:18-Mar-2022 • . • a • • • • • .A • page:14(total 16) • (a) 'The Software,as described in the Agreement('Software'),and all written materials or graphic files that are faced in any tangible medium and that relate to and support the Software('Documentation'),and all present and future worldwide copyrights,trademarks,trade secrets,patents,patent applications,mask work rights,moral rights,contract rights,and other proprietary rights recognized by the laws of any country inherent therein,including all changes and improvements requested or suggested by Buyer in the support and maintenance of the Software are the exclusive property of Seiler('Seller's Intellectual Property Rights').All rights In and to the Software not expressly granted to Buyer in the Agreement are reserved by Setter.Nothing in this Agreement will be deemed to grant,by implication,estoppel,or otherwise,a license under any of Seller's existing or future patents.Software will not include any upgrades,new versions,releases,enhancements,or updates to the Software,unless agreed to by Seller in writing and at its sole discretion.To the extent any upgrades,new versions,releases,enhancements,or updates to the Software are provided by Seller,the tens°Software°shall be deemed to include such upgrades,new versions or releases,enhancements or updates. To the extentany ownership right arises in Buyer with respect to the above,Buyer hereby assigns all of its right title,end interestin and to any intellectual property embodied in in the Seller's Intellectual Property Rights, including enforcement rights,to Seller without the payment of any additional consideration thereof either to Buyer,or its employees,agents,or customers end agrees to execute any documents Seller deems necessary to effectsuch assignment. (b) Seller hereby grants to Buyer a non-exclusive,non-transferable,non-sub-licensable,revocable license to install,run,and use the Software,and any modifications made by Seller thereto only in connection with configuration of the Products and operating system for which the Software is ordered hereunder,and for the end-use purpose stated in the Documentation.Buyer agrees that neither it nor any third party shag modify, reverse engineer,decompile or reproduce the Software,except Buyer may create a single copy for backup or archival purposes in accordance with the Documentation(the'Copy").Buyer's license to use the Software end the Copy of such Software shall terminate upon any breach of this Agreement by Buyer.All copies of the Software,including the Copy,are the property of Seller,end all copies for which the license is terminated shall be returned to Seller,or deleted from Buyer's computer systems,with written confirmation after termination. (c) Seller warrants that,on the date of shipment of the Software or the Products containing the Software to Buyer.(1)the Software media contain a true and correct copy of the Software and are free from material defects;(2)Seller has the right to grant the license hereunder;and(3)the Software will function substantially in accordance with the related Seiler operating documentation.In no event does Seller warrant that the • Software is error free or that Buyer will be able to operate the Software without impairments or interruptions.In addition,due to the continual development of new techniques for intruding upon and attacking networks, Seller does not warrant that the Software or any equipment system,or network on which the Software is used will be free of vulnereblity to intrusion or attack. (d) If within 12 months from the date of delivery of the Products containing the Software,Buyer discovers that the Software is not as warranted above and notifies Seller in writing prior to the end of such 12 month • period,end if Seller determines that it cannot or will not correct the nonconformity,Buyer's and Buyer's Seller-authorized transferee's exclusive remedies,at Seller's option,are:(1)replacement of the nonconforming Software;or(2)termination of this license and a refund of a pro rata share of the Agreement price or license fee paid. (e) If any infringement claims are made against Buyer arising out of Buyer's use of the Software in a manner specified by Seller,Seller shalt()defend against any claim in a suit or proceeding brought by an unaffiliated third party against Buyer that the Software violates a registered copyright or a confidentiality agreement to which Seller was a party,provided that Seller Is notified promptly in writing and given the necessary • authority,information and assistance for the defense and settlement of such claims(including the sole authority to select counsel and remove the Software or stop accused Infringing usage);(t)Seller shall satisfy a final judgment(after all appeals)for damages entered against Buyer for such claims,so long as such damages am not attributable to wilful conduct or sanctioned Gtigaton conduct;end(iii)if such judgment enjoins Buyer from using the Software,Seller may at its option;(a)obtain for Buyer the right to continue using such Software;(b)eliminate the Infringement by modifying the Software or replacing it with a functional equivalent(in which case,Buyer shall immediately stop use of the allegedly infringing Software),or(c)take back such Software and refund to Buyer all payments on the Agreement price that Seller has received.However,Seller's obligations under this Paragraph 10 shall not apply to the extent that the claim or adverse final judgment relates to:(1)Buyer's running of the Software after being notified to discontinue;(2)non-Seller software,products, data or processes;(3)Buyer's alteration of the Software;(4)Buyer's distribution of the Software to,or its use for the benefit of,any third party not approved in writing by Seller;or(5)Buyer's acquisition of confidential information(a)through Improper means;(b)under circumstances giving rise to a duty to maintain its secrecy or limit its use;or(c)from a third party who owed to the party asserting the claim a duly to maintain the secrecy or limit the use of the confidential information. Buyer will reimburse Seller for any costs or damages that result from actions 1 to 5..THE FOREGOING.PROVISIONS OF THIS SECTION 10(e)STATE THE• ENTIRE LIABILITY AND OBLIGATIONS OF SELLER AND THE EXCLUSIVE REMEDY OF BUYER,WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF ANY PROPRIETARY RIGHTS UNDER SECTION • 10,INCLUDING BUT NOT LIMITED TO PATENTS AND COPYRIGHTS,BY THE SOFTWARE OR ANY PART THEREOF. (f) This warranty setfodh in subparagraph(c)above shall only apply when:(1)the Software is not modified by anyone other than Seller or its agents authorized in writing;(2)there is no modification in the Products in which the Software is installed by anyone other than Seller or its agents authorized in writing;(3)the Products are in.good operating order and installed in a salable operating environment;(4)the nonconformity is not caused by Buyer or a third party;(5)Buyer promptly notifies Seller in writing,within the period of time set forth in subparagraph(c)above,of the nonconformity;and(6)all fees for the Software due to Seiler have been timely paid. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,WITH REGARD TO THE SOFTWARE,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,COURSE OF DEALING AND USAGE OF TRADE. •(g) Buyer end its successors are limited to the remedies specified in this Paragraph 10. (h) Any subsequent modifications or enhancements to the Software made by Seiler are,at Seller's option,subject to a fee. 11. TERMINATION • - (a) Buyer may terminate this Agreement upon breach by Seller of a material obligation hereunder and Seller's failure to cure,or to commence a cure of,such breach within a reasonable period of time(but not less. than 30 days)following written receipt of notice of the same from Buyer. (b) Buyer may only terminate this Agreement for Buyer's convenience upon written notice to Seiler and upon payment to Seller of Setter's termination charges,which shall be specified to Buyer.end shall take into account among other things expenses(direct and indirect)incurred and commitments already made by Seller,overhead,and an appropriate profit.In case of such termination,the licenses granted in Paragraphs 10 and 12 hereof shall terminate. (c)Seiler shall have the right to suspend andlor terminate its obligations under this Agreement if payment is not received within 30 days of due date.In the event of the bankruptcy or insolvency of Buyer or in the event of any bankruptcy or insolvency proceeding brought by or against Buyer;Seller shall be entitled to terminate any order outstanding at any time during the period allowed for filing claims against the estate and shat receive reimbursement for its cancellation charges. • 12. INTELLECTUAL PROPERTY;CONFIDENTIALITY (a) All intellectual property embodied in the Products and Software provided to Buyer is the property of Seller,and any intellectual property developed,at least in part,by Seller under this Agreement is and remains the sole and exclusive property of Saler. (b) Buyer acknowledges that the information that Seller submits,to Buyer in connection with this Agreement and the performance hereof is Seller's confidential and proprietary information. Buyer agrees not to disclose such information to third parties without Seller's prior written consent.Seller grants to Buyer a non-exclusive,royalty-free,non-transferrable license to use Seller's confidential and proprietary information for the purpose of the installation,operation,maintenance and repair of the Products that are.the subject of this Agreement only;provided,however,that Buyer further agrees not to,and not to permit any third party to, analyze,measure the properties of,or otherwise reverse engineer the Products or any parts thereof,fabricate the Products or any parts thereof from Seller's drawings or to use the drawings other than in connection with this Agreement Buyer will defend end indemnify Seller from any claim,suit or liability based on personal injury(including death)or property damage related to any Product or part thereof which is fabricated by a third party without Seller's prier written consent and from end against related costs,charges and expenses(including attorneys'fees):All copies of Seller's confidential and proprietary information shall remain Seller's• property and,may be reclaimed by Seller at any time in the event Buyer is in breach of its obligations underthis Paragraph 12,or in case of Buyer's termination pursuant to Paragraph 11(b). 13. END USER • • If Buyer is not the end user of the Products sold hereunder(the'End User'),then Buyer wit use its best efforis to obtain the End User's written consent to be bound to Seiler by the provisions hereof.If Buyer does not obtain such End User's consent,Buyer shall defend and Indemnify Seller and Seller's agents,employees,subcontractors and suppliers from any action,liability,cost,loss,or expense for which Seller would not have been liable or from which Seller would have been indemnified if Buyer had obtained such End User's consent 14. FORCE MAJEURE (a) Force Majeure Defined.For the purpose of this Agreement'Force Majeure'will mean all events,whether or not foreseeable,beyond the reasonable control of either party which effect the performance of this Agreement,including,without limitation,acts of God,acts or advisories of governmental or quasi-governmental authorities,laws or regulations,stokes,lockouts or other industrial disturbances,acts of public enemy, wars,insurrections,riots,epidemics,pandemics,outbreaks of infectious disease or other threats to public health,lightning,earthquakes,fires,storms,severe weather,floods,sabotage,delays in transportation,rejection of main forgings and castings,lack of available shipping by land,sea or air,lack of dock lighterage or loading or unloading facilities,inability to obtain labor or materials from usual sources,serious accidents involving • the work of suppliers or sub-suppliers,thefts and explosions. -(b) Suspension of Obligations.If either Buyer or Seiler is unable to carry out its obligations under this Agreement due to Force Majeure,other than the obligation to make payments due hereunder,end the party affected promptly notifies the other of such delay,then at obligations that are affected by Force Majeure will be suspended or reduced for the period of Force Majeure and for such additional time as is required to resume the performance of its obligations,and the delivery schedule will be adjusted to account for the delay. (c) Option to Terminate.If the period of suspension or reduction of operations will extend for more than four(4)consecutive months or periods of suspension or reduction total more than 6 months in any 12 month period,then either Buyer or Seller may terminate this Agreement • 15. INDEMNIFICATION AND INSURANCE . (a) Indemnification.Seller agrees to defend and indemnify Buyer from and against any third-party claim for bodly injury or damage to tangible property('Loss')arising in connection with the Products provided by Seller hereunder,but only to the extent such Loss has been caused by the negligence,wilful misconduct or other legal fault('Fault')of Seller.Buyer shall promptly tender the defense of any such third-party claim to Seller.Seiler shall be entitled.to control the defense and resolution of such claim,provided that Buyer shall be entitled lobe represented in the matter by counsel of its choosing at Buyers sole expense.Where such Loss results from the Fault of both Seller and Buyer or a third party,then Seller's defense and indemnity obligation shall be limited to the proportion of the Loss that Seller's Fault beam to the total Fault. (b) Insurance. Seller shall maintain commercial general liability insurance with limits of$2,000,000 per occurrence and in the aggregate covering claims for bodily injury(including death)and physical property damage arising out of the Products.Seller shall also provide workers'compensation insurance or the like as required by the laws of the jurisdiction where the Services wit be performed,and owned and non-owned • auto liability insurance with limits of$1,000,000 combined single limit Seller will provide a Certificate of Insurance certifying the existence of such coverages upon request Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 • ANDRITZ D5LX Centrifuge Date:18-Mar-2022 .' .4 • • A• • • • • • • page: 15(total 16) • 16. U.S.EXPORT CONTROL Buyer recognizes that any Products that are the subject of Agreement and originate in the U.S.remain subject to U.S.export laws and regulations even after such Products ere exported from the U.S.(if applicable). Buyer certifies that such Products will not be diverted,transshipped,re-exported,or otherwise transferred in contravention of U.S.export laws end regulations.Buyer further affirms that such Products will not be used, directly or indirectly,in any application involving missile technology,nuclear proliferation,or chemical and biological weapons proliferation. 17. GENERAL (a) Seller represents that any products or parts thereof manufactured by Seller will be produced in compliance vrith all applicable federal,state and local laws applicable to their manufacture and in accordance with Seller's engineering standards.Seller shall not be liable for failure of the Products to comply with any other specifications,standards,laws or regulations. (b) This Agreement shall Inure only to the benefit of Buyer and Seller and their respective successors and assigns.Any assignment of this Agreement or any of the rights or obligations hereunder,by either party without the written consent of the other party shall be void. (c) This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prier oral and written understandings between Buyer and Seller concerning the Products and any prior course of dealings or usage of the trade not expressly incorporated herein. (d) This Agreement may be modified,supplemented or amended only by a writing signed by an authorized representative of Seller.Seller's waiver of any breach by Buyer of any terms of this Agreement must also ' be in writing end any waiver by Seller or failure by Seller to enforce any of the terms and conditions of this Agreement at any time,shall not affect,limit or waive Seller's right thereafter to enforce and compel strict compliance with every term end condition hereof. (e) All terms of this Agreement which by their nature should apply after the cancellation,completion or termination of this Agreement,including,but not limited to,Paragraphs 4,12,16 end 17,shall survive end remain fully enforceable atter any cancellation,completion or termination hereof. (t)()If Seller's office is located in the United States,this Agreement and the performance hereof will be governed by and construed according to the laws of the State of Georgie. • ()If Seller's office is located in Canada,this Agreement and the performance hereof will be governed by and construed according to the laws of the Province of Ontario.. (g)ti)In the circumstances of t()above,any controversy or claim arising out of or relating to this Agreement,or the breach hereof,or to the Products provided pursuant hereto,shall be definitively settled by arbitration, to the exclusion of courts of law,administered by the American Arbitration Association(°AAA°)in accordance with its Construction Industry Arbitration Rules in force at the time this Agreement is signed end to which the parties declare they will adhere(the AAA Rules'),and judgment on the award rendered by the arbftrator(s)may be entered in arty court having jurisdiction over the party against whom enforcement is sought or • having jurisdiction over any of such party's assets.The arbitration shall be conducted In Atlanta,Georgia bye panel of three members,one of whom will be appointed by each of Buyer and Seller and the third of whom• will be the chairman of the panel and will be appointed by mutual agreement of the two party appointed arbitrators.All arbitrators must be persons who are not employees,agents,or tomer employees or agents of either party.In the event of failure of the two party appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator,the third arbitrator will be appointed by the AAA in accordance with the AM Rules.In the event that either of Buyer or Seller fails to appoint an arbitrator within 39 days after submission of the dispute to arbitration,such arbitrator,as well as the third arbitrator, will be appointed by the MA in accordance with the AAA Rules. (ii) In the circumstances of f()above,any controversy or claim arising out of or relating to this Agreement,or the breech hereof,or to the Products.pmvided:pursuant hereto,shall be definitively settled under the auspices of the Canadian Commercial Arbitration Centre('CCAC°),by means of arbitration and to the exclusion of courts of law,in accordance with its General Commercial Arbitration Rules in force at the time the Agreement is signed and to which the parties declare they MI adhere(the°CCAC Rules,and judgment on the award rendered by the arbitrator(s)maybe entered in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such party's assets.The arbitration shall be conducted in Saint John,New Brunswick by a panel of three arbitrators,one of whom will be appointed by each of Buyer end Seller and the third of whom will be the chairman of the arbitral tribunal and will be appointed by mutual agreement of the two party-appointed arbitrators.All arbitrators must be persons who are not employees,agents,or former employees or agents of either party.In the event of failure of the two party-appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator,the third arbitrator will be appointed by the CCAC in accordance with the CCAC Rules.In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration,such arbitrator,as well as the third arbitrator,will be appointed by the CCAC in accordance with the CCAC Rules. • (h)In the event this Agreement pertains to the sale of any goods outside the United States or Canada,the parties agree that the United Nations Convention for the International Sale of Goods shall not apply to this Agreement (()The parties hereto have required that this Agreement be drawn up in English.Les parties aux presentes ont exige qua la presente convention soit redgee en anglais. Feb.2019 Rev. • • • • • • • n ' • Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 • ANDRITZ D5LX Centrifuge • Date: 18-Mar-2022 k G page:16(total 16) • APPENDIX A - PRELIMINARY CENTRIFUGE DRAWINGS • • • • • • • • • • Ashland WWTP—D5LL Centrifuge Replacement 3660867-1-Rev-1 '. ANDRITZ D5LX Centrifuge Date: 18-Mar-2022 • • . p ., 8 6 5 • 4 3 2 • 1 PIPING CONNECTIONS 4 SPACES C 145 1/2'0 HOLE 3.656-14.625[371] PORT SIZE DESCRIPTION 750[19] • NOTE. KEEP MOTOR CONOW0S AWAY FROM FRONT OF 2'CLASS 150 FEED n n • • FIBERGLASS GUARDS.RUN MOTOR CONDUITS.TOWARD REAR OF.MACHINE A ANSI RF FLANGE INLET - 11 ==�!! 22W 0.500[13] TO ALLOW FOR COVER AND REMOVAL B .12-1/4 X24-1/2 SOLIDS 11.162[284] r- n ? 1111 P. RECTANGULAR. DISCHARGE ` id • , C .8-7/8 X 16-15/16 CENTRATE iiTSiSi II II ,--, • RECTANGULAR DISCHARGE NN. fin[ t - ®^ N u r D 1'FNFr SLUDGE . n ■1 fp a'm rd m I fY[bY'1� p- - SAMPLE I, h N 1111 E 7'FNPT POLYMCONNECTION ro 1■ II ® 'nom H 5 D �.y i--1 l� -T . F 1"FNPT" WASNWATL-R cci n�, J ` I, �I N t_J ` li 11 f J-H H Try >IiiV�III�'.I G 1-3/8"ODTUBE CENTRA CASING II I'� . DRAIN • H 4-1/2"OD TUBE VENT 750[19]-4�� ^ ' " a �� • ^ ,mom_. 12.250[311] m :n.D 6.878[175] 'n'-' uo.u FLEXIBLE ` LSV uT d. o CONNECTOR �LAUWJ� I 2X®4.831 In u1 1fi.125[410] n L- s,. \ VIEW B-B VIEW A-A fr `,\ CENTRATE DISCHARGE FLANGE PATTERN SOUDS DISCHARGE FLANGE PATTERN I ai:S:l7II;I::114 \ - - ■ u- , 118.11 [3000-OOmm] 36'MIN.CLEAR FOR !!I- `I --. I _ 161.5597 [4103.60mm] n 77 �_\ A MIN.CLEAR TO REMOVE SCROLLMAINTENCE TYP. ij� / • 37.9836[964.78mm] 80.1969[2037.00mm] \,.. © 0 Opening of ii ` i I • -- tr005RI55100 hood L1 • C.7 r^!1� ---�' 1 I � I , DOOR FOR LIQUID i-�iih\ iw�. - I I 'o o r-rrn I I I LEVEL ADJUSTMENT / `\ I I _ i 1 1 111 SII /[ . I I �^ ISI n i J / A m ILL ,-, plitlit, .-,\ Fr': .TLI ti IV e N ' 0., flir,f,.I I�� , a E • 14.6148'[371.21mm] d� r - �.•. I�i1•;, LJ� mm:i CENTRALE FLEX SOURS FLEX ��t • , E e' �� n_ ` N m OCONNECTOR CONNECTOR SOLID ' h ii �,= I NOTES: f., DISCHARGE f �f'. 10.2756[281.00mm] -�- O �• • - . -��® ] -I 15.7480[400.00mm] 15.7480[400.00mm] o .� ••• .E 1. ALL PIPING TO MACHINE TO BE SUPPLIED BY OTHERS S a n. 2. SEE FOUNDATION DETAILS DMF1469 FOR DESIGN LOADS 926161 [2352.5omm] i' , v Y• • # AND CONNECTION DETAILS. CENIRATE 0 •• 7 3. ALL DIMENSIONS ARE IN INCHES WITH mm IN [ ]. DISCHARGE AA 4. DRY WEIGHT OF MACHINE 10,606LB [4,811Kg]. . . 5. SCROLL+LIFTING BEAM 1,272LB [577Kg]. FOR INFORMATION ONLY 55•,1181 [1400.00mm] 6. PROCESS REQUIREMENTS 3 NONE REVISED MACHINE WEIGHTS IN NOTES AND ADDED NOTE BP TRW 6/14/19 WASHWATER: 52.8-106GPM ® 43.5-58PSI NOT FOR CONSTRUCTION PURPOSES - 2 NONE ADO NOTOR WIN95 NOTE - CDR .0W 06/19/15 ®TO BE EXTENDED AND CONNECTED BBY OTHERS (SEE EXT(SEEEE SHUTDOWN: 15m1n I NONE REVISED SCROLL RQIOYF,LL RECURRENT LENGTH CM .8W 02/17/15 • CIP: 10min ASAP DOCUMENT No.- REV ER 6EVRMEN 9 AA'D DATE VENTY NOTE 6 AIR FLOW) AIR FLOW: 1 18CFM . • - tsurvm 1102f11.1124 DRAwN BY: DATE - TOTE ^e.a mmsus MINIMUM SLUDGE INLET PRESSURE: 7.5 PSI AT - DH 11/10/14MOM D5LX E2 CENTRIFUGE CENTRIFUGE FEED FLANGE MESS minx SED= CHECKED BY: DME GENERAL ARANGEMENT - A 7. CENTRATE CASING DRAIN TO BE CONNECTED TO CENTRATE PIPING DYMOND ARE NOM • FA83JDIDI=RAM Appnya;By; DAZE AHORDZ SEPAADON.DIG 91E DRAHND NOIBER REV WITH FLEXIBLE TUBING (SUPPLIED BY OTHERS). 7axwD Actr MEC= gS 1Dto mtRmiaAL 6LAD-sour- D D M.A 2 6 8 3 . 3 >-�o.• RID 18 1DLERNOS 01/02/15 ARNICrO6 TDn5 759) SDin61 AIRI T 101St-m0 TIM ptlNE(61»465-5811 ''"� ` orwin - •tDt Tw91 ALL D.m PROJECTOR Sr�uE 1/16 I FlIE DMA2683 I sxEET 1 °F 1 ��8�P�� 7 6 5 4 3 2 1 n • A 8 7 • 6 5 4 , • 3 2- - - 1 • 4.481 [114] ' ISOLATOR NOTE! • - 0.709 I a .. n • � APPLY LOCfffE TO ALL VIBRATION ISOLATOR y j__I�.. HARDWARE DURING INSTALLATION. • • 3E • �.j • E i ILA 11 n . 8% 1/2'X 6-1/2 HILTI HVA ADHESIVE SYSTEM • 2. :OLY 316 L SS 4-1/4'EMBEDMENT. DRILL • 9/16 DIA X 4-1/4'DEEP. b • 9.827 i - - [250] ISOLATOR DETAIL . SCALE 1/4 15.750 [400] • • ANCHOR BOLT LOCATION • SEE ISOLATOR DETAIL . • a�O,a -n THEORETIGLL TOTAL,LOAD TO DISTRIBUTE AMONG THE 4 ISOLATORS .11( �� (IN NORMAL OPERATION) w STATIC LOAD VERTICAL DYNAMIC LOAD IN LBS[N].CYCUNG FORCE EOUNALENT TO UNBALANCE _ 107,874[2740] PERPENDICULAR TO THE ROTOR AXIS AND APPLIED TO THE CENTER OF GRAVITY. n u ----------------------- ,L WEIGHT OF EMPTY MACHINE 10606 LBS • MACHINE • EOUI. BEFORE AFTER 45 LBS �j [47.778 N] SPEED FRED. ISOLATOR ISOLATOR Y M 5■■ ■.+ X 1.2(WITH PRODUCT)— [56,612 N] . IN NORMAL . 800 RPM 13.3 HZ [951 LBS237 [200 N] ,_� IR.1 II • .OPERATION 7,737 LBS 154 LBS ' -„ le.-V-,...1 •-I 2,750 RPM . 45.8HZ [34.416 N] [885 N] • I •FOUNDATION PLAN .1 'Foy '-. _ 3,000 RPM 50.0 HZ • 8,392 LBS [747 LBS 2.241 [57] E"i [37.330 N] N] .dg.§ 8,952 LBS 179 LBS 4.481 [114] 8ffi3,200 RPM 53.3 HZ [39,820 N] [796 N] • • • 182 UBS 1,273 LBS w AT ISOLATORS RESONANCE' 350-750 RPM 5.8-12.5 HZ [810 N] [5,663 N] I I I I . TOTAL PRACDCAL LOAD TO CONSIDER FOR CALCULATION OF THE FOUNDATION (TO DISTRIBUTE AMONG THE 4 ISOLATORS) STATIC 10,608 IBS12,727 LBS (4.7.178(4.7.178X 12 s N] [ssslz N] VERTICAL • DYNAMICS o • 12,727 LBS X 10% 1,276 LBS [56,612 N] [5.612 N] - HO;ZOMADYNAMIC= 5772 L8N5 X 10= [576p2 BS NGES • (•)WHILE SHUT DOWN OF MACHINE,AND IN CASE OF ABNORMAL OR ACCIDENTAL UNBALANCE ' I.ALL DIMENSIONS IN INCHES WITH MIWMEIPJI,IN[I., 2.THE FOUNDATION DESIGN SHOWN INDICATES MINIMUM REQUIREMENTS FOR CLEARANCE AND " DRAINAGE.ACTUAL FOUNDATION DESION AND CONSTRUCTION TO BE FURNISHED BY • OTHERS 3.ALL PIPING TO AND FROM WE MACHINE TO BE COMPLETED WITH ELEGEM CONNECTIONS. ' 4.ALL VIBRATION PADS TO BE LEVEL WITHIN 1/32'[0.79mm]. ' 5.APPROXIMATE WDGHh. • TOTAL MACHINE ETAPIY:10,60BIAs[4.811kg] Z\.(\ • SCROLL+LIFTNG BEAM: 1,272Ibs[577kg] • FOR INFORMATION ONLY ' • NOT FOR CONSTRUCTION PURPOSES - 2 NONE REVISED MACHINE,WDGHOO AND NOTES BP 1RSF 0/14/18 I NONE REVISED WUCFITS IN NOTES • CON .8% 02/17/15 ' ASAP DOCUMENT NO.- REY BR REVISION 9Y AND DATE • fSAWDI IOW N Its ORAm1013* EH 11/24/14 TIThE m1x a cEHlaPucE MEM pRFAM9:SFITI II GNECpD VA GATE D5LXAlicluL • E2 CENTRIFUGE • OP0)�S NE N DOES FOUNDATION DETAILS FTHe aRN lOIFFIPas AUPTIRN ST 0 1E MOM 9EPIAATRIH:we 5GLE DRAWING HUMP MA .,m . ]OO1L010 Mar 1DIF1® 92 01/02/15 7070 RIIYFRCNI 9Lw.50VRi • Walla]TIMM= """A ON'°FOOT D DMF 1469- 2 �� •• � �N)IF311ID MIIME PHONE(017)46.5-5911 ca �re e mm v,r 7 YLL 7181 R1 NW PRAIECIICN / �f 1/1E � OMF1469 �1 Or`:' 5 • 4 3 . 2 I 1 4.