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Home My WebLink About1990-04-11 90-154 ORDERDate y4-11-90V Item No. 90-154 Item/Subject: Authorizing City Manager to Enter Into Agreement with Dewatering Technologies, Inc. to Deliver and Install Innovative Responsible Department: Wastewater Treatment Equipment Legal Commentary: The proposed Agreement with Dewatering Technologies would permit them to install and test one of their new sludge dewatering units at the City's Treatment Plant_ In return for allowing them to test the unit over an 18-month period, the City would receive up to 3 dewatering units for permanent installation at the Treatment Plant. Under the terms of the agreement, we are required to advance the costs of installation of the mobile dewatering unit up to $20,000.00, which is to be reimbursed by DWT at the end of the trial period. This Agreement has received several revisions following the Municipal Operations Committeemeeting on March 28, 1990. We will need confirmation prior to the Council's action that the final agreement is acceptable to DWT. n/I r-neaC V wpmy"<word - ManageriCommenta:� _ . OaI bj�r,� ewe �YMann� Associate! Information: Budget Approval Fim ,e Direct, Legal Approval: n 'ASo(i<irur �ClC1ir✓YC Introduced For 6�rpasaage ❑ First Reading Page _of_ Ll Referral 90-154 Asdp dto Coonnoor Ealdacci, April ill 1990 CITY OF BANGOR (TITLE.) Orba nucn zing city Manager to_. Enter Into _Agreement with DeWatering Technologies, Inc. to Deliver and Install Innovative Wastewater Treatment Equipment' ............. ..........._. _._... ... _. _... .._.. By the City CouuB of@ City of Bunsen ORDERED, THAT WHEREAS, DeWatering Technologies, Inc. (DWT) Me approached the City of Bangor with an offer to install an experimental sludge dewatering unit at -the City's sewer treatment plant for testing and evaluation; and if said unit proves to be of benefit to the City's aawage treatment program, to subsequently deliver for permanent installation up to three such sludge dewatering unite at no cost to the City; and 1. WHEREAS, it appears likely that the new technology represented by DWT's sludge dewatering unit may be of great benefit to the City's sewage treatment program, resulting in substantial future savings of capital Costs and operating expense; WOW, THEREFORE, By THE CITY COUNCIL OF THE CITY OF BANGOR BE IT ORDERED, - THAT the City Manager of the City of Bangor is hereby authorized and directed to execute a certain Agreement with Dewatering Technologies, Inc., providing for such installation, a. copy of which is on file intheCity Clerk's office; and be it further ORDERED, THAT the sum of Twenty Thousand Dollars ($20,DDO.00)is hereby appropriated free the City's sewer treatment plant fund, to be advanced, if necessary, to meet.the costs of installation of the "mobile sludge dewatering unit", as provided in the said: Agreement. i z 90-154 i' 0 R D I R , IN CITY COUNCIL - Title, April Il, 1990 AUNoriz in Passed City Mana er to gnter Into 6..........6............ Agreement with DeWatering Technologies, Inc. to Deliverd Install Innovative Wastewater Treatment Cr ITY CLE •Ega••m n[^• •••••••••••• ,�.. A Amigned to ' r 1� .....�..... .......... Councilman . 90-154 Final Draft 4/4/90 hTS;I A W,N �4 THIS AGREEMENT made this _ day of April, 1990, by and between DeWATERING TECHNOLOGIES, INC. (hereinafter Called 'DAT"), corporation organized and existingunder the -laws -of the State of Maine and having a principal place of business at Winslow, Maine,. and. the CITY OF BANGOR (hereinafter. called "BANGOR"), a Maine municipal corporation, WITNESSETH WHEREAS, DWT is the developer and owner of a wastewater treatment process employing a new patented technology, and DWT desires to installitsprocess in an operating sewage treatment plant to test, refine and demonstrate its Process; and. wHEREAS, BANGOR seeks to improve the functioning of its Wastewater Treatment Plant through theuse of DWT's technology, -- IT IS THEREFORE MUTUALLY AGREED AS FOLLOWSz. (1) INSTALLATION OF OBIT.. .Within one hundred (110) days. following execution of this Agreement, contingent on operational readiness of the unit, DWT shall deliver to BANGOR a four foot by six foot (4' x 6') mobile sludge dewatering unit (hereinafter. -2 - 'mobile unit' or 'unit"), which shall be installed and made - operational in the Bangor WastewaterTreatment Plant for use in the plant's. operation. Said unit shall consist of the equipment, eco., .. described in "Appendix A": (2) COST OF INSTALLATION. The Cost of installing the unit on a flat-bed vehicle not to exceed Twenty Thousand ($20,000.00) Dollars, shall be advanced by BANGOR to MT. Any costs of installation in excess of Twenty Thousand ($20,000.00) Dollars shall be borne by DWT. .. (3) OPERATING COSTS:' REMOVAL' TITLE TO IMPROVEMENTS; _ PERMITS..• It is agreed that HANGAR shall be responsible for all costs of Operating the unit while it is in place at BANGOR'S Wastewater Treatment Plant. -It is also agreed that BANGOR may, in its sole discretion and at any time, terminate its use of the unit and/or request its removal; and that upon such request DWT shall remove the unit at its sole expense. It is further agreed that no claims of any kind shall accrue against BANGOR on account of its decision, if taken, to terminate use of the unit or to request its removal. Upon removal of the unit, BANGOR shall retain possession of and title to any improvements made in connection with the . initial installation of the unit.-.. It is further agreed that DWT shallbe responsible to obtain all City of Bangor code permits and.. State and Federal licenses or license amendments necessary to allow initial installation and operation of the unit, except. that BANGOR .may voluntarily assist DWT in obtaining such permits or licenses. -3- (4) REIMBURSEMENT OF INSTALLATION COSTS., It ie expressly agreed between the parties that upon completion.of .the eighteen (18) month trial period specified in Paragraph (6) below, -.or., if the mobile unit shallprove unsatisfactory in its trial operation upon removal mf the mobile unit,. DWT shallrefund:to-BANGOR all costa advanced:inconnection with the installation of the unit. it is further agreed that DW shall provide suitable guarantees, in.a form acceptable to the City Solicitor, of repayment of the amount advanced. (5) RISA OF LOSS., All risk of lose,damage to, or destruction of the DHT unit during installation,:, removal, and while.- in place at EANGOR's wastewater Treatment Plantwhall.be borne solely by. BNT, and no claims shall be .asserted against BANGOR for any such loss, damage or destruction,- whether. occasioned by the negligentacts of RANCOR employees or otherwise. (6) CITY TO PROVIDE FACIBITIESARD TO PERMIT D@IDNSTRATIONS. In. consideration of its use of the DWT -unit, BANGOR shall make available its plant facility, testing laboratory and personnel as appropriate for thedaily operation; testing and demonstration of .the unittoall parties invited -to view the operation of the unit by DWT'or-..BANGOR:-_ DWT shall. be permitted:. to - invite observers .to• the : BAEGOR.Nastewater .Treatment Facility, Co:.:;.. ,.• view the operation of the unit at all timesconvenient-for r BANGOR" wastewater Treatment Plant personnel, upon reasonable prior notice _4_ by DWT. Upon such notice, and at suitable convenient times, BANGOR Wastewater Treatment Plant personnel.shall conduct demonstrational, provide test results, and give supporting testimonial declarations. based upon BANGOR's experience in using the unit. Unless BANGOR shall terminate its use of the unit or request its removal at as earlier date, the unit shall remain in place and in, operation at BANGOR's Wastewater Treatment Plant for thispurpose not more than eighteen (18) months following initial, installation.. During this time period, at the convenience of BANGOR Wastewater Treatment Plant personnel-, DWT may temporarily remove the mobile unit at its sole expense for purposes of conducting trials and demonstrations at other locations. " (7) RISK OF INJ IES; INDEMNIFICATION. All risk of injury to any person or property as -a result of regular operation or any — malfunctioning of the mobile unit shall be borne by DWT exclusively, and DWT shall indemnify and hold BANGOR harmless for all claims arising out of any injury or property damage caused by regular operation or any malfunctioning of the DWT unit. (8) 'INSURANCE REOOIRED. Prior t0 initial installation Of the unit, DWT. shall furnish. to BANGOR.evidence,.:.in: a .form�... acceptable to the BANGOR City Solicitor), of personal. injury/liability/property damage insurance covering..the.unit.in the r following amounts; e ('.0. 90-lSy-Amend,.w„�-h 'F9 Wirx RAc.ph �a-0-90 Personal/bodily injury $ 300,000 per person.. liability insurance 1,000,000 per occurrence Property damage/liability Insurance 1,0000000 per occurrence BANGOR and its Wastewater Treatment Plant employees shall be named insureds under such policies, and BANGOR shall be named as loss payee with respect to any damages to its Wastewater Treatment Plant or other facilities. (9) DWT TO PROVIDE ADDITIONAL UNITS. In consideration of the performance of BANGOR as outlined herein and after testing adequate to establish the performance characteristics of the DWT unit, DWT shall deliver to BANGOR additional units adequate to meet BANGOR's current needs, not to exceed three (3) units. Such units shall be delivered free of any liens, security interests, or other title encumbrances. if acceptable to BANGOR for permanent installation, such units shall be delivered and installed within R TiipEF29M6 caYnOAT d« W, RO ov/c or iHs Pe R'T/i Q<E [(NST qND /N » /hANNEN- Nc> T6 IAI77 /,copT iba 7NE 09��Y s�a�eE /�R 6ca 5S/N9 cs pe RN TT/oN. n-a-manner-eo—ae-to—not—inCerrupt reatment-Rlant.- ownership of the units shall pass to BANGOR without cost, provided, however, that installation shall be at BANGOR's sole expense. It is further understood and agreed that DWT shall not be obligated to provide the additional unite if BANGOR shall have terminated its use of the mobile sludge dewatering unit and requested its removal less than six (6) months following its initial installation, unless the parties shall agree in writing to an earlier termination or removal. -5- -Personal/bodily injury $ 300,000 per person liability insurance 1,000,000 per occurrence Property damage/liability insurance 1,000,000 per occurrence BANG and'ita:Wastawater: Treatments Plant amployses- shall rbeneamed.::-.-. .. insureds under such policies,.and BANGOR shall be mimed as loss payee with respect to any damages to its wastewater Treatment Plant or -other facilities. (9) DWT TO PROVIDE ADDITIONAL KNITS. In consideration of the performance of BANGOR as outlined herein and after testing adequate to establish the performance characteristics of the DWT unit, DWT Shalldeliver to BANGOR additional unite adequateto meet .... BANGOR'S current,needs, not to: exceedithree:(3)-units: :Such -units. - shall be delivered free of any liens, security interests, or'other title'encumbrances.,.If_ acceptable.toBANGOR'.-for permanent -1-m- .. - .. installation, such units shall be delivered and installed within ninety (90) days following expiration of the eighteen (18) month demonstration period specified in Paragraph (6) above. Such unite shall be delivered and installed in a manner so as to not interrupt the dewatering operation of the wastewater Treatment Plant. ownership ofthe units shall pass to BANGOR without cost, provided, however, that installation shall,be at BANGOR's' sole expense. .it is further understood and agreed that DHT shall' not be obligated to x provide the additional units if BANGOR shall have terminated : its - use of :the-mcbile:sludge dewatering unit and'requested+ita.remreal,i=+r:.. '.-.. leas than six (6) soothe following its initial installation, unless .the parties shall agree in writing to an earlier termination or removal. -6- (10) AUTHORITY TO EEECUTE AGREEMENT. By the signatures below, theparties mutually covenant that they have taken .all steps,. necessary to authoriseexecutionofthis Agreement by their.. respective corporate officers and City Manager.. WITNESS the following hands and seals the day and year first written above. DeWATERING TECHNOLOGIES, INC. By Witness Its �4 sO� v Oishl By Witness Edward A. Barrett Its City Manager STATE OF MAINE CUMBERLAND, as. April , 1990 Then personally appeared the above-named , of DeWatering Technologies, Inc., and acknowledged the'foregoing instrument.to'be. his: free act and in his said capacity, and the free act and dead of said corporation. Before me, - Notary Public/Attorney-at-Law Printed Name, My Commission Expiresa -7 - STATE OF MAINE PENOBSCOT, as. April , 1990 Thea personally, appeared, the. above-named. EDWARD A. BARRETT,. City Manager, and acknowledged -the .foregoing instrument to be his. free act and deedin his said capacity, and the free act and deed of said body corporate.. - Before me, Notary Public/Attorney-at-Law. printed Names My Commission Expires: Appendix A _. A unit. shall .consist of thestandzxd.ffiter: and fewer assemhly.wich.all'necessary L piping and appurtences not limited to but Including the electronic controls.- - hydraulic pump. sludge pump and compressor.- ' It is hereby agreed that the City will assist In the installation of unite which will be permanently installed. in. the Wastewater Facility by providing the..c . compressor, the electronic control and the hydraulic pump. It is understood - that ome hydraulic pump in sufficient to operate three units and that each unit requires an electronic control unit