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Home My WebLink About1987-10-26 87-400 ORDER8I-400 Introduced by Councilor Tilley, October 26, 1987 CITY OF BANGOR (TITLE) (OTDCrr, Butho i iag Interim City ManaBer toEnter into aLeaseAgreement v_1_M the B. F. Goodrich Co. - Wastewater Treatment Pilot Plant By the City C"m Of City OfBm"ypr: THAT, WHEREAS, the ongoing program for the development of secondary wastewater treatment facilities at the Bangor plant requires the pilot tenting of a trickling filter type facility, in order to determine the feasibility of using such equipment as the ultimate method of treatment; and WHEREAS, it is required that said pilot testing be conducted during the winter and spring months to determine the efficiency of the plant under lav temperature and high flow conditions; and WHEREAS, the availability of pilot testing equipment is extremely limited, and is considered to be "sole source availability; and WHBREAS, a pilot unit has been found to be available through the B. F. Goodrich Company; NOW, THEREFORE, Be It ORDERED. THAT the Interim City Manager be and hereby is authorized to enter into a Lease Agreement with the B. F. Goodrich Company for the lease of a pilot plant for a period of approximately eight (8) months, said plant to be set up immediately at the Bangor Wastewater Treatment Plant, the cost of said pilot plant lease and operation to be charged to Account 80-02-03.02. A copy of. said Lease Agreement 1s on file in the office of the City Clerk. STATENENT OF FACT: In order to stay on schedule in our rall program for the installation of secondary treatment as provided for in the Consent Decree with the Maine Department of Environmental Protection, pilot testing must be undertaken this inter. and installation must be accomplished is November to have the facility properly working during cold weather periods. The total estimated cost of the plant lease, Including occasional ce asional'e of a process engineer, normal main - reactors, and shipping, is $20.000. Funds for this project have been included in the current budget. 8]-400 GRDER IN CITY COUNCIL October 26, 1987 Title, al 89T22 FZZZ Passed �j,�— .AntJ14x�.ii n8 sn4SxLo �A4v. bAna&SC .S4. CI RE.CLBAEt�RR cI tF cy(Y CLERK RANCOR . 89445.�n44 .S MARS AAxS"Sn4 th... the B.F. Goodrich Co. - Wastewater Treatment Pilot Plant Introduced and filed by Cfuncilmen 8]-400 LEASE AGREEMENT The BFGoodrich Company, Fabricated Polymers Division ('BFGOodrich') agrees to lease to the City of Bangor, Maine ('Lessee°) and Lessee agrees to lease from BFGoodrich a Wastewater Treatment Pilot Tower identified by serial number on the following terms and conditions: 1. This lease agreement shall beco effective when signed by both parties and shall continue in full force and effect unless terminated by either party, upon at least thirty (30) days prior written notice to the other. 2. Theequipmentshall be shipped F.O.B.to the Wastewater Treatment Plant ----- Bangor, Maine, frieght prepaid. - Lessee shallpay all transportation charges for delivery and return Of the equipment by normal. transportation means. 3. Lessee shall pay rent at $2,000/month for the first three months and $1,000/month for each month thereafter. BFGoodrich shalt invoice Lessee for the equipment each month, at the end of the month. Lessee shall make payment upon receipt of monthly invoice. 4. BFGoodrich shall bear risk of loss of equipment upon tender of shipment and until Lessee makes receipt at Bangor, Maine. Lessee shall bear risk of loss of equipment thereafter until BFGoodrich makes receipt of equipment upon its return at Marietta, Ohio. Lessee shall use the equipment only for its internal use. Lessee shall inspect the equipment, inform BFGoodrich of any damage, and fill out truckers receiving report about said damages before acceptance, and such acceptance shall be deemed t0 be an absolute waiver by the Lessee of any claims relative to the quality, state or fitness of the equipment without BFGoodrich's prior written consent. 5. Lessee shall pay cost of routine maintenance including but not limited to oiling of pumps. motors and shafts; replacement of fuses and indicator lights; and other work deemed necessary to maintainthe equipment in operation. BFGoodrich shall replace other equipment components rendered inoperable through normal wear and tear during the period of this lease. 6. Lessee shall keep the equipment free of all liens and encumbrances and will pay all excise taxes and other charges levied by any government upon the equipment. 1. Lessee shall idemnify and hold BFGoodrich harmless against any loss, cost, damages, claims, injury, actions or liabilities, including any legal costs associated therewith, on account of injury to or the death of any .person or any property damage arising from Lessee's use or Possession of the equipment. IN 00 EVENT SHALL BFGOOORICM BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL CONSEQUENTIAL, DAMAGES. -2- 8. Lessee shall keep the equipment insured with 'all risk' insurance for the full insurable amount; $25,000; certificates of insurance will he supplied to BFGoodrich. Any loss shall be payable to BFGoodrich. 9. A process engineer is available for start-up services at $350.00 per day plus travel expenses. The process engineer will provide a written report on the start up. The process engineer is. available for intermin operations and maintenance at $350.00 per day plus travel expenses. 10. Lessee shall permit BFGoodrich representatives to inspect the equipment wherever located upon request and during normal business hours. 11. Upon termination of this lease, Lessee shall adequately package the equipment • and return to BFGoodrich (F.0.0. Marietta, Ohio) in accordance with BFGoodrich's instruction, in good condition, less normal wear and tear. Any damage beyond normal year and tear will be charged to Lessee. 12. Equipment shall at all times be in GFGoodrich's ownership, evidenced by a plate on the equipment clearly stating "Property of BFGoodrich Company.- Equipment shall at all times remain .personal property. Lessee shall not assign or sub -lease the equipment without the prior written consent of BFGoodrich. 13. If BFGoodrich determines at any time that the equipment is in danger of destruction, damage or mishandling or that BFGoodrich's Full interest therein is jeopardized, or if Lessee defaults in any obligation herein, or if in BFGoodrich's judgment, Lessee's credit or financial position is Impaired, BFGoodrich shall have the right to retake possession of the equipment wherever found with or without legal process, held the equipment free of any of Lessee's claims and charge Lessee for any amount required to place the equipment in good repair. 14. From time to time at the request of Lessee. BFGoodrich may furnish technical -advice in the formof instructional booklets and verbal recommendations on use of equipment, but upon the understanding that Lessee's qualified employees will evaluate such advice for Lessee's purposes. Lessee. therefore, uses such advice at his own risk, BF600drich assuming no obligation or liability for such use or any results obtained therefrom. , 15. This equipment Lease is the entire agreement between the parties relative to the subject matter herein and no modification of this agreement shall be of any force or effect unless in writing and signed by both parties. -3 - IN WITNESS WHEREOF, BFGoodrich and Lessee have caused this agreement to be executed by their authorized representatives. For The BFGoodrich Company A by 4r& aT�� title rr � date— /O--,�O-P7 For Lessee title date 0437E