HomeMy WebLinkAbout19- Change Order 3 - Williams Brother Construction - WRF Small Works Project EJCDC
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
Change Order No. 03
Date of Issuance: 1/22/2019 Effective Date: 1/22/19
Owner: City of Bozeman Owner's Contract No.:
Contractor: Williams Brother Construction Contractor's Project No.:
Engineer: HDR Engineering Engineer's Project No.:
Project: Bozeman WRF Small Works Project Contract Name:
The Contract is modified as follows upon execution of this Change Order:
Description: Includes CPR No. 10
Attachments: CPR's No. 10 and cover letter
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES
[note changes in Milestones if applicable]
Original Contract Price: Original Contract Times:
Substantial Completion: April 14, 2018
$838,800.00 Ready for Final Payment: May 4, 2018
days or dates
Increase from previously approved Change Orders No. Increase from previously approved Change Orders No.
to No. 2 to No. 2 :
Substantial Completion: November 1, 2018
$ 206,674.63 Ready for Final Payment: November 21, 2018
days or dates
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion: November 1, 2018
$ 1,045,474.63 Ready for Final Payment: November 21, 2018
days or dates
Increase of this Change Order: Increase of this Change Order:
Substantial Completion: July 1, 2019
$ 147,400.00 Ready for Final Payment: July 21, 2019
days or dates
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion: July 1, 2019
$ 1,192,874.63 Ready for Final Payment: July 21, 2019
days or dates
RECOMMENDED: ACCEPTED: ACCEPTED:
By: By: By:
Engineer(if equired) owner(Authorized Sign ture) C� a4,Kgnorized Signature)
Title: Project Manager Title: (,i,{-Uh ,� Title:
Date: 1/22/2019 Date Q• 11 , OU Date
EJCDC'C-941,Change Order.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
January 22, 209
Dear Barry,
The CPR No. 10 documentation is modified as follows. Signing of this Change Order No. 3 indicates and
understanding and compliance with these changes and is outlined in your attached quote.
Included all labor and equipment to furnish and install the boiler and appurtenances:
• ClearFire CFC-CE 2000MBH Boiler,
• Taco VR25-3 Pump
• Taco Model ACUF-400-AF 4" Balancing Valve
• Two position actuator with 24 V actuator to Combustion Air intake at the collar on the boiler
• Header Sensor Kit to the boiler
• Thermometer on the boiler inlet and the boiler outlet piping coming to and from the main
• Concrete pedestal for the boiler
• Discharge flue can be 8" diameter
• Natural gas regulator for 8 psi to 14"WC is included Hydroiron quote,though not specifically
mentioned.
• Boiler emergency shutdown tied into emergency button at exit.
Sincerely,
HDR Engineering
Coralynn L. Revis, PE t
Project Manager
hdrinc.com
700 SW Higgins AvenueSuite 200Missoula,MT 59803-1489
(406)532-2200
CHANGE PROPOSAL REQUEST AS-Revised 1
(Not a Change Order)
HDR ENGINEERING,INC.
Project: Bozeman WRF Small Works CPR No: 10
CPR Date: 1/4/2019
Date Sent to Contractor: 1/4/2019
Date Reed from Contractor:
TO: Williams Brother.Construction
Please furnish your proposal for executing the following changes(s):
Provide Cleaver Brooks high-efficiency natural gas boiler per the attached proposal.Size is 2.0 MMBTU output.
Provide all piping and electrical for a complete system. Provide boiler pump and 3-way valve,as shown. Drawings
of layout and location are shown.
Electrical requirements:
1100-HWBP-02: 1 hp,480V/3 ph
1100-TCV-07: 120V/1 ph,fraction of a hp.
1100-HWB-02: 120V/1 ph,fraction of a hp.Blower is a 15 A circuit.There will also be some electrical to the
natural gas train valve(s),but that is thru the boiler control panel. I am attaching a copy of the boiler wiring diagram.
Controls:
The boiler control panel will have local controls to turn the loop pump and maintain a supply water temperature
setpoint.The temperature sensor will sense the hot water supply temperature and will modulate the 3-way valve to
recirculate hot water back to the boiler or send.it into the main loop.
HDR:Cora Revis Date: 1/4/2019
TO: HDR En irg Leering.Ino.
Proposal:
Cost: .3 OO Credit: 15�,iW TO def'WG e To 8
(A time extension is not r for this modification unless otherwise detailed and justified:) (�
Contracto . Date:
TO: I Ci Bozeman
Accepted/Not Accepted 14DR Date:
Accepted/Not Accepted /Owner Date
City of Bozeman WRF Small Works Project No. 1
Bozeman Small Works Boiler Proj. # 10059730
Bid: 8-26-14 4:00 PM Addenda: 1();2(); 3()
Base Bid $1537400.15
Division 1
General Provisions 22,000
WBC
Division 2
Demolition 2,500
WBC
Division 3
Concrete 2,500
WBC
Reinforcing 400
WBC
Rebar Installation 400
Division 5
Structural-Misc.Steel 0
Division 7
Division 8
Division 9
Paint and Coating 500
WBC gas line
Division 10
Signs&Ident 50
Inst. 50
Division 11
Boiler 40,910
Inst. WBC 3,000
Circ.Pumps
with boiler 0
inst. 0
Division 12
Division 13
Metal Building 1,200
inst.
WBC
Instrumentation 1,500
Division 14
Division 16
Process Piping 27,099
hydroiron 27,099.00
Seismic Control 0
HVAC 23,680
McLees w/12"Comb.Air <6000>for 8"
Plumbing 2,600
WBC,
Pipe Insulation 5,000
WBC
Division 16
Electrical 6,372
Frontier
Sub-Total 139,661
Bond.01 1,047
O&P 15% 11,173
Sub-Total 151,881
GRT Tax.01 1,619
Total 163,400
JLOjv
. Cleaver rooks
ClearFire Boil er
Proposal
Bozeman WRF
To: Barry Curtis By: Dan Mahn
Williams Brothers Construction, LLC Vemco Sales, Inc.
136 Foster Lane 201 N. Russell
Billings, MT 59103 Missoula MT 59801
406-259-9395 (406)258-0334
barry@wbcllc.com danm@vemcoinc.com
CleaverBrookw System Requirements
Proposal Number: 04680519/ Proposal Date: 01/17/19
Job Name: Bozeman WRF/Project Name: Bozeman WRF - Pony Boiler
Application: Hot Water
Fuel Series: Natural Gas
Boiler Capacity: 2,000 MBTU/hr Input
Design Pressure: 125HW psig
Operating Pressure: 30 psict --
Safety Valve Set point: 125 psigSupply Water Temperature: 180°F
Return Water Temperature; 140°F
Gas NOx Emissions Level: 20 ppin — —
Available Site Voltage: 110 V
Available Site Gas Pressure: 14 in.w.c. _Approximate Site Altitude: 4000 ft.ASL
Insurance Requirements: XL-Gap CSD-1 _
Page 3/8
CleaverBroolm oil
Quote Summary
Proposal Number: 046805191 Proposal Date: 01117/19
Job Name: Bozeman WRF/Project Name: Bozeman WRF -Pony Boller
Product . . = it rat
DescriptionItem Qty.
#1 1 Modular Boiler Model:CFC-E-700-2000-125HW(115/1/60)-SPC/CFG
Boiler Capacity:2000MBTU
Model Dimension:35.8in x 56in x 79.9in
Unit Weight:2166lbs
Fuel: Natural Gas
Primary Gas Train Required Gas Pressure: 14 Inches w.c.
Emissions Level(NG):20 ppm Fuel: Natural Gas
Burner Ignition Type:Direct Spark
Flame Detection: UV Scanner
Water Mixture:40%Glycol/60%Water
Boiler Supply Temperature: 180 F
Boiler Return Temperature: 140 F
Operating Pressure: 30 psig
Safety Valve Setting: 1251b
Stack ConnectionAn Slip_ID
Voltage: 115/1/60
Customer Site Voltage: 110 V
Insurance Requirement:CSD-1 Configuration Check:Custom-Special Quotes or Overrides
#2 1 Product Pricing Basis:Febl9 Price Book in use based on 1/16/2019 effective date for this product configuration.Pricing valid for 30
days.Ex iration:2/15/2019.
#3 1 Waterside Drain Connection: 1.5 in.NPT
#4 1 Fuel Series-Natural Gas
#5 1 Natural Gas NG NOx Emission Level Range:20 ppm
#6 1 Boiler Safety Valve Set point: 1251b HW
#7 1 Start Permissive Interlock Relay and Terminals
#8 1 Seismic Design Anchor Bolt Provisions:Mount on Base
#9 1 Supply and Return Connection:4 in. 150FL
#10 1 Air Vent Connection: 1.5 in.NPT
#11 1 Flue Gas Condensate Drain Connection: tin NPT
#12 1 Stack Connection:Sin Slip-ID
#13 1 Drain Valve:0.75 in.NPT SL
#14 1 Main Low Water Cutoff LWCO:Warrick 3E-1 MR
#15 1 Stack Thermometer:Sin Dial
#16 2 Condensate Treatment Package-Tank with Media,Trap By Others Max 8000 MBTU Capacity Each
#17 1 Combustion Air Filter
#18 1 Direct Vent Connection Size to Customer-Supplied Ducting:8
#19 1 Filter Cleaning Kit
#20 1 Primary Gas Train Configuration: Noma Rating:NEMA 1;Piping Material:Carbon Steel
Components from Burner to Customer Connection:
Manual Valve#2: 1.25in Butterball(Factory Piped);
Safety Shutoff Valves:Honeywell Dual Solenoid without POC(Factory Piped);
SSOV Double Valve: 1.25in(Factory Piped)
GPR Configuration: 21OD(Ship Loose)
Manual Valve#1: 1.5in Butterball(Ship Loose);Customer Connection: 1.5in
Pressure Requirements:
Minimum Gas Pressure(@ Inlet of Manual Valve): 12 in.w.c.
Maximum Gas Pressure(@ Inlet of Manual Valve): 56 in.w.c:
Customer Supply Gas Pressure Inlet of Manual Valve): 14 in.w.c.
#21 1 rimary Gas Train GPR-210D 1.5in(Ship Loose
#22 1 Premix Burner Control:Falcon-H dronic
#23 1 Communications Gateway Protocol Translator ModBus RTU to):BACnet I/P;Protocol Translator-ProtoNode Boiler Mounted Kit
#24 1 Remote Emergency Shutoff(Wall-Mounted):Terminals Only
#25 1 Main Power Distribution:Non Fused Disconnect 115/1/60
#26 1 Alarm Horn and Light Package(Ship Loose
#27 1 lGeneral Alarm Light: Red
#28 1 Fuel Valve Light:Green
#29 1 Low Water Light and Alarm:Amber
#30 1 Load Demand Light:White
#31 1 Net Item:Taco VR25-3 Variable Flow Pump
#32 1 Net Item:Taco ACUF400-AF Flow Control Valve
Page 4/8
CleaverBrooks' �� Quote Summary
Proposal Number: 04680519/ Proposal Date: 01/17/19
Job Name: Bozeman WRF / Project Name: Bozeman WRF - Pony Boiler
#33 1 Labor Startup Allowance
Published Labor Rate: $165/hr
Boiler Labor Hours:4 Hours
#34 1 Manuals: ClearFire CFC-CE/O&M's and Falcon Controls Operators Manuals
#35 1 Submittals-ASME Data Report CFC-E
#36 1 Submittals-Test Fire Report CFC-E
#37 1 Submittals-Wring Diagram CFC-E
Page 518
U
CleaverBrooksPillP Quote Summary
Proposal Number: 04680519/ Proposal Date: 01/17/19
Job Name: Bozeman WRF/Project Name: Bozeman WRF -Pony Boiler
11 111 . 1 1 1 11
Subtotal Price to Customer(USD)- 1 + 1 I
Freight(EXW-Ex Works Factory)Cost(USD): + + + +
Total Price to Customer(USD):
CLEAVER-BROOKS OFFERING
Cleaver-Brooks offers to furnish the Equipment described herein for the purchase price noted,exclusive of all taxes.Prices quoted are firm for 30 days from the date of Proposal subject to adjustment as
noted.Standard Cleaver-Brooks payment terms are unconditional net 30 from the date of readiness for shipment or unless otherwise specified in this Proposal.Cleaver-Brooks will review your order prior
to acceptance(and acknowledgment)and order entry Until acceptance and order entry,the Equipment is subject to prior sale.Incorporation of technical specifications or requirements different from or
additional to the Cleaver BrooksProposal and not previously reviewed by Cleaver-Brooks will extend the order review process and may postpone or prevent acceptance of your order and order entry.
Cleaver-Brooks does not agree and will not agree to INCIDENTAL,CONSEQUENTIAL AND LIQUIDATED DAMAGES OR IMPLIED WARRANTIES.Cleaver-Brooks does not agree and will not agree to,
unless specifically set forth in an agreement in writing having an authorized Cleaver-Brooks signature.(1)terms and conditions in your order that are different from or additional to those of Cleaver-
Brooks'Proposel:(2)technical specificatlona,technical requiremants or descriptions of the goods and services ordered that are different from or additional to those of Cleaver-Brooks'Proposal;or(3)
generalized expressions such as"per dens and specifications.•'
CLEAVER-BROOKS PRICE ADJUSTMENT POLICY
The price quoted in the Company's Proposal is firm for thirty(30)days from the Proposal date if shipment of the Equipment is made within six(6)months from the date of the Company's Proposal or the
Company's contract dorzrment if no Proposal was Issued.If the Equipment is not shipped within such six(6)months.the contract price shall be increased by one percent(1%)for each thirty(30)days or
fraction thereof lhal sttipmenl is deferred beyond six(6)months from the dale of the Company's Proposal or contract document.
PROPOSED PAYMENT TERMS PROPOSED SHIPPING TERMS
Amount At or Exceeds$250,000: No [x]EXW—Ex Works Factory
Payment Terms: ( ]CIP—Carriage and Insurance Paid to
Terms Description: [ J OTHER.-
Afore May require Cleaver-Brooks review it other than 204A/3049/50%referenced in¶Ila), Freight Allowed TO Location:
fyote:Freight unloading bi,others
BUYER OF CLEAVER-BROOKS EQUIPMENT CLEAVER-BROOKS SALES REPRESENTATIVE
Chrissy Korrell Dan Mahn
Buyer Representative Printed Name Sales Representative Printed Name
Vemco, Inc. Vemco Sales, Inc.
Buyer Reprosentallve/Company Name Sales Representative/Company Name
P.O. Box 129 201 N. Russell
Billings, MT 59103 Missoula, MT 59801
United States United States
Buyer Representative/Company Address,State/Province,Area Code,and Country Sales Representative/Company Address,State/Province,Area Code,and Country
406-549-6113 (406)258-0334
Buyer Representative/Company Phone Number Sales Representative/Company Phone Number
danm@vemcoinc.com danm@vemcoinc.com
Buyer Representative/Company Email Address Sales Representative/Company Emall Address
Buyer Representative Signature Sales Representative Signature
If
Dale Accepted(MMIDDNYYY) Date(MM/DDfYYYY)
CLEAVER-BROOKS TERMS AND CONDITIONS OF SALE ON NEXT PAGE
Page 6/8
CleaverBrooks- '� Terms and Conditions of Sale
0 Date Revised: March 12, 2018
CLEAVER-BROOKS TERMS AND CONDITIONS OF SALE
Cleaver-Brooks, Inc. (the 'Company') offers to sell the Equipment described on the attached Proposal/Order Acknowdedgement/Involce to the buyer named on the attached Proposal/Order
Acknowledgement/invoice(the'Buyer)upon the following terms and conditions of sale(the'Terms*).These Tema are the only terms which govern the sale of the Equipment,unless the parties enter
into a written contract,signed by both parties,covering the sale of the Equipment in which case the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
Additional or inconsistent terms and conditions accompanying Buyers purchase order are NOT accepted by the Company unless specifically agreed to in venting.
1.TERMS AND PRICES
(a) All orders are accepted by the Company at its home office.Standard terms of payment for projects valued al less than E250,000 are thirty(30)days net from the date of Invoice for completion of
agreed performance milestones for payment.Including readiness of the Equipment for shipment.Partial shipments of units under mxdbple unit orders shall be Invoiced and paid separately.Payment terms
on projects valued at or above$250,000 will require progress payments based on specific milestones,Including but not limited to 20%upon Issuance of submittals.30%upon release for production,and
50%upon readiness to ship.
(b) In addition to the purchase price,Buyer shall pay any excise,sales,privilege,use or any other local,State,or federal taxes which the Company may be required to pay arising from the sale or
delivery of the Equipment or the use thereof Prepaid freight,if applicable,will be added to the purchase price and invoiced separately.Where the price includes alloyed transportation or other shipping
charges,any Increases in transportation rates or other shipping charges from date of quotation or purchase order shall be for the account of and paid by Buyer
(c) If Buyer requests changes in the Equipment or delays progress of the production of the Equipment,the purchase price and delivery schedule shall be appropriately adjusted to reflect such Change,
delay and Increased cost caused thereby If Buyer requests changes in the Equipment or delays progress of the production of the Equipment,the contract price and delivery schedule shall be equitably
adjusted to reflect changes caused thereby.
(d) Buyer shall pay interest on all late payments at the lesser of the rate of 1.5%per month or the highest rate permissible under applicable law,calculated daily and compounded monthly.Buyer shall
reimburse the Company for ail costs incurred in collecting any late payments,including,without lim itahon,altomeys'fees.In addition to all other remedies available under these Tennis or at law(which Ov
Company does not waive by the exercise of any rights hereunder),the Company shall be entitled to suspend the construction and/or delivery of any Equipment if Buyer fails to pay any amounts when due
hereunder.
(a) Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with the Company,whether relating to the Company's breach.bankruptcy or
otherwise.
(f) Pricing In this proposal is directly tied to the CRU USA Midwest FOB Phil index. Pricing is subject to fluctuations based on this index
2. SHIPPING TERMS AND DELIVERY
Unless otherwise agreed to in writing by the parties,delivery shall be ExWorks(NCOTERMS 2010),at the Company's plant of origin(the'Delivery Pont')using the Company's standard methods for
packaging.Buyer shall take delivery of the Equipment within the number of days set forth in the Company's written notice that the Equipment has been delivered to the Delivery Point.
3.TITLE AND RISK OF LOSS
Title and risk of loss passes to Buyer upon the Company's delivery of the packaged Equipment to the Delivery Point.If for any reason Buyer(or Buyers transporting comer)fails to take delivery of the
Equipment on the dale on which the Equipment has been delivered to the Delivery Pant or if the Company is unable to deliver the Equipment at the Delivery Point because Buyer(or Buyer s transporting
carrier)has riot provided appropriate instructions,documents,licenses or authorizations.(0 risk of loss to the Equipment shall pass to Buyer,(it)the Equipment shall be deemed to have been delivered,
and(ij)the Company,at its option,may store the Equipment until Buyer picks it up,whereupon Buyer shall be liable for all related costs and expenses(including,without brnitabon,storage and
insurance).As collateral security for the payment of the purchase price of the Equipment,Buyer hereby grants to the Company a lien on and security Interest in and to all of the right,We and interest of
Buyer in,to and under the Equipment.wherever located,and whether now existing or hereafter arising or acquired from time to time,and In all accessions thereto and replacements or modifications
thereof,as well as all proceeds(Including insurance proceeds)of the foregoing.The security interest granted tinder this provision Constitutes a purchase money security Interest under the Georgia Uniform
Commercial Code.
4.WARRANTY
The Company warrants that at the time of delivery the Equipment manufactured by it shall materially conform to the Company's written specifications and to such additional specifications as may be
otherwise agreed to by the Company in venting.The Company's warranty is conditioned upon the Equpment being property installed,maintained and operated within the Equipment's capacity under
nominal load conditions with competent,supervised operators and,if the Equipment uses water,wtth proper water conditioning.Equipment,accessonns and other pans and components not manufactured
by the Company are warranted only to the extent of and by the original manufacturers warranty to the Company;in no event shall such other manufacturers warranty create any more extensive warranty
Obligations of the Company to the Buyer than the Company's warranty covering Equipment manufactured by the Company.THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,ORAL OR
EXPRESS OR IMPLIED,INCLUDING ANY WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE EQUIPMENT.THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE
CONTAINED IN THIS PARAGRAPH AND TO THE EXTENT PERMITTED BY LAW THERE ARE NO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.This warranty does not
apply or extend,to expendable items;ordinary wear and leer,altered units;units repaired by persons not expressly approved by the Company;materials not of the Companys manufacture;or damage
caused by accident,the elements,abuse,misuse,temporary heat,overloading,or by erosive or corrosive substances or by the alien presence of oil,grease,scale,deposits or other contamllnants in the
Equipment.
5.WARRANTY CLAIMS
Buyer must make claim of any breach of any warranty by written notice to the Company's home office within thirty(30)days of the discovery of any defect within twelve(12)months from the date of inllial
operation but no more than eighteen(18)months from date of shipment for any part or parts of Equipment,or within one(1)year of shipment for any spare parts shipped under an Equipment order.Buyer
shall provide the Company a reasonable opportunity to examine the Equipment and Buyer(f requested to do so by the Company)shall return such Equipment to the Company's place of business for the
examination to take place there.If the Company reasonably verifies Buyers claim that the Equipment Is defective the Company shall repair or replace,at its option,ExWorks(INCOTERMS 2010)at the
Company's plant of origin,BUT NOT INSTALL,perils)which shall prove to be defective,to the Company's satisfaction(including return to the Company's plant,transportation prepaid,for Inspection,if
required by the Company).Warranty adjustments shall not extend the initial warranty period The warranty period for replacements made by the Company shall lermjnale upon the termination of the Initial
warranty period.Epenses incurred by Buyer in replacing or repairing or returning the Equipment or any part or parts will not be reimbursed by the Company.This is Buyer's exclusive remedy and the
extent of the Company's liability for breach of implied(if any)and express warranties,representations,instructions or defects from any cause in connection with the sale or use of the Equipment
6. INTELLECTUAL PROPERTY INFRINGEMENT
The Company shall defend and hold Buyer harmless In any suits instituted against Buyer for infringement of any claim of any United Stales Patent covering solely the structure of the Equipment as
originally manufactured by the Company per the Company's specifications,exclusive of combination or modification by the Buyer,provided Buyer shall have(i)given the Company immediate notice in
writing of any such claim or institution or threat of such suit,(II)authorized the Company to control settlement of the same,and(k)given all needed information,assistance and authority to enable the
Company to do so.Buyer shall defend and indemnify the Company against all expenses,costs,and loss by reason of any real or alleged infringement to the extent arising from the Companys
incorporating a design or modification requested by Buyer.The Company's total liability hereunder is expressly limited to an amount no greater than the sales price of the Equipment and may be satisfied
by the Company's refunding to Buyer at the Company's option,the sales)rice of the Equipment.In the event the Company elects to defend any such suit and the structure of the sad Equipment is held to
infringe any such United States Patent and if the Buyers use thereof is enjoined,the Company shall,at its expense and at its option:()obtain for the Buyer the right to continue using the Equipment of(i)
supply non-infringing Equipment for installation by Buyer,or(iii)modify the Equipment so that it becomes non-infringing.or(iv)refund the then market value of the Equipment.
7. LIMITED LICENSE
The Buyer agrees that the Company has spent considerable time and money developing proprietary hardware and software components that are Incorporated into the Equipment.Nothing in these Terms
is intended to grant or create any right or license to Buyer to copy,reverse engineer,disclose,publish,distribute or alter any pre-existing software,patent fights,copyrights,trademarks or other inteilectual
property rights owned or controlled by the Company,except as necessary for Buyer to use the Equipment in accordance with these Terms
8.TERMINATION
In addition to any remedies that may be provided under these Terms,Company may teminate these Temps with immediate effect upon written notice to Buyer,if Buyer(i)fads to pay any amount when
due under these Terms:(11)has not otherwise performed or complied with any of these Terms.in whole or in part;or(Ill)becomes insolvent,files a petition for bankruptcy or commences or has
commenced against it proceedings relating to bankruptcy,receivership,reorganization or assignment for the benefit of creditors.Buyer may not tem9nete an order without the Companys express written
consent.Buyer shall be responsible for ail costs associated with ten ination of an order.
9. DELAY/FORCE MAJEURE
The Company shall not be liable for loss or damage to Buyer from delay resulting from causes beyond the Company's reasonable control or caused by strikes or labor difficttties,lockouts.ads or
omissions of any governmental authority or the Buyer,Insu rreWon or not,terrorism or threats of terrorism,war,fires.floods.Acts of God,breakdown of essential machinery.accidents,pnonbes or
embargoes,car and material shortages,delays in transportation or inability to obtain labor,materials or pans from usual sources.Any such delay shall be excused for the time reasonably necessary to
Compensate for the delay if performance by the Company of these Terms is prohibited or significantly restricted by any governmental agencies,or by laws,rules or regulations of the United Stales
Government,the Company(at its option)may cancel these Terms without liability.
10.WORK BY OTHERS:ACCESSORY AND SAFETY DEVICES; USE BEFORE START UP
The Company,being only a supplier of the Equipment shall have no responsibility for labor or work of any nature relating to the Installation or operation or use of the Equipment,all of which shall be
performed by Buyer or others.It is the responsibility of Buyer to furnish such accessory and safety devices as may be desired by it and/or required by 1 aw or OSHA standards respecting Buyers use of the
Equipment.Buyer shall be responsible for ascertaining that the Equipment is installed and operated in accordance with all code requirements and other applicable laws,rules,reguiabons and ordinances
if damage to the Equipment or other property or injury to persons is caused by use or operation of the Equipment prior to its being placed in initial operation by the Company(where such service is
Included in the purchase price),then Buyer shall Indemnity and hold the Company harmless from all liability,costs and expenses for all such damage or injury
Page 7 18
CleaverBrooks Terms and Conditions of Sale
Date Revised: March 12, 2018
11. 13ACKCHARGES
Items delivered by the Company may require work or revision after shipment,whether for repair of damage(transit,unloading,handling,damage by other contractors),adaptation to site interface
cendltlons with existing facilities or work of other contractors,or otherwise.If Buyer provides to the Company the necessary information in the situation.the Company shall promptly advise Buyer of the
applicable standards or technical guidelines for such work,and the extent of the Company's other obligations,d any,with respect to such work.The Company will use its best efforts In the circumstances
to assist Buyer to obtain appropriate resources as may be required for such work.Any work to be done at the Company's expense requires the Company's prior approval as to scope:identification of who
will perform such work:applicable quality standards.arrangements for the time,place and urgency of such work.an agreed price or estimate of cost,and.the opportunity for the Company to have a
representative In attendance.Costs claimed for work done without such prior approval shall not be accepted as backcharges.
12. CONFIDENTIAL INFORMATION
All run-public,confidential or proprietary information of the Company,including,but not limited to,specifications,samples,pahems,software,designs,patented and unpatented intellectual property,plans,
drawings,documents,data,business operations.customer lists,pricing,discounts or rebates,disclosed by the Company to Buyer.whether disclosed wally or disclosed or accessed in written,electronic
or other form or media,and whether or not marked,designated or otherwise identified as-confidential,'in connection with these Terms is confidential,solely for the use of performing under these Terms
and may not be disclosed or copied unless authorized in advance by the Company in writing.Upon the Company's request.Buyer shall promptly return all documents and other materials received from
the Company.The Company shell be entitled to injunctive relief for any violation of this Paragraph.This Paragraph does not apply to Information that is:(a)in the public domain,(b)known to Buyer at the
time of disclosure:or(c)rightfully obtained by Buyer on a non-confidential basis fmm a third party.
13. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL. INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR
REVENUES OR DIMINUTION IN VALUE,ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS,WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN
DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER,REGARDLESS OF THE LEGAL OR EQUITABLE THEORY(CONTRACT,TORT OR
OTHERWISE)UPON WHICH THE CLAIM IS BASED,AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS,WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT,TORT(INCLUDING NEGLIGENCE)OR OTHERWISE,EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE EQUIPMENT SOLD HEREUNDER.
(c) The limitation of liability set forth in Paragraph l(b)above shall not apply to(1)liability resulting from Company's gross negligencis or willful mscenducl and(it)death or bodily Injury resulting from
Company's acts or omissions.
14:INSURANCE
The parties shall,each at its own expense,maintain and carry insurance In full force and effect which includes,but is not limited to,commercial general liability(including product liability)in amounts
reasonable and sufficient for such party's business activities and Industry with financially sound and reputable insurers.
15. RELATIONSHIP OF THE PARTIES
The relationship between the parties Is that of independent contractors Notting contained in this Agreement shall be construed as creating any agency,partnership,joint venture or other form of joint
enterprise,employment or fiduciary relationship between the parties and neither party shall have authority to contract for or bind the other party in any manner whatsoever.These Terms are for the sole
benefit of the parties hereto and their respective successors and permitted assigns and nothing herein,express or Implied,is Intended to or shall confer upon any other person or entity any legal or
equitable right,benefit or remedy of any nature whatsoever under or by reason of these Terms
16.COMPLIANCE WITH THE LAW
Buyer shall comply with all applicable laws,regulations and ordinances Buyer shall maintain in effect all the licenses,permissions,authorizations,consents and permits that it needs to tarty oul its
obligations under these Temps.Buyer shall comply with all export and import laws of all countries Involved in the sale of the Equipment under these Terms or any resale of the Equipment by Buyer Buyer
assumes all responsibility for shipments of the Equipment requiring any government import clearance,The Company may terminate these Terms if any governmental authority imposes antidumping or
countervailing duties or any other penalties on the Equipment.
17. DISPUTE RESOLUTION
(a) The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Temps promptly by negotiation between executives who have authority to settle the controversy and
who are at a higher level of management than the persons with direct responsibility for administration of these Terms.Either party may give the other party written notice of any dispute not resolved in the
normal course of business Within 15 days after delivery of the notice,the receiving party shall subr it to the other a written response.The notice and response shag include(a)a statement of that parry's
position and a summary of arguments supporting that position,and(b)the name and tlUe of the executive who will represent that party and of any other person who will accompany the executive.Winn
30 days after delivery of the initial notice,the executives of both parties shall meet at a mutually acceptable time and place,and thereafter as often as they reasonably deem necessary,to attempt to
resolve the dispute.All reasonable requests for information made by one party to the other will be honored.All negotiations pursuant to this paragraph are confidential and shall be treated as oompromise
and settlement negotiations for purposes of applicable roles of evidence
(b) If the dispute has not been resolved by negotiation as provided herein within 45 days after delivery of the initial notice of negotiation,or if the parties felled to meet within 20 days,the parties malt
endeavor to settle the dispute by non-binding mediation under the International Institute for Conflict Prevention&Resolution('CPR')Mediation Procedure currently in effect provided,however,that d one
parry fails to participate in the negotiation as provided herein,the other parry can initials mediation prior to the expiration of the 45 days.Unless otherwise agreed.the parties will select a mediator from the
CPR Panels of Distinguished Neutrals.
(c) If the dispute has not been resolved by mediation as provided herein within 45 days after initiation of the mediation procedure,these Terms do not preclude either parry from initiating litigation:
provided,however.that if one party fails to participate in either the negotiation or mediation as agreed herein,the other party can Initiate litigation prior to the expifetion of the time periods set forth above
(d) Notwithstanding anything herein to the contrary,a party may file a complaint if in its sole judgment such action is necessary to protect its rights Despite such action,the parties,will continue to
negotiate in good faith.
(a) Any legal stet a hon or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the Slate of Georgia in each case
located in the City of Thomasville and County of Thomas,and each party Irrevocably submits to the exclusive jurisdiction of such courts in any such suit,action or proceeding.
18. MISCELLAENOUS
THESE TERMS ARE THE COMPLETE AGREEMENT BETWEEN THE COMPANY AND BUYER AND NO ADDITIONAL OR DIFFERENT TERM OR CONDITION STATED BY BUYER SHALL BE
BINDING UNLESS AGREED BY THE COMPANY IN WRITING,No course of prior dealings and no usage of the trade shall be relevant to supplement or explain any terms used herein.These Terms may
be modified only by a writing signed by both the Company and Buyer and shall be governed by and construed In accordance with the internal laws of the State or Georgia without giving effect to any
choice or conflict of law provision or rule(whether of the Slate of Georgia or any other jurisdiction)that would cause the application of the laws of any jurisdiction other than those or the Slate of Georgia
The failure of the Company to insist upon strict performance of any of the terns and conditions stated herein shall not be considered a continuing waiver of any such term or condition or any of the
Company's rights.If any term or provision of these Terms is invalid,illegal or unenforceable in any jurisdiction,such invalidity,illegality or unenforceability shall not affect any other term or provision of this
Agreement or Invalidate or render unenforceable such term or provision in any other jurisdiction.
Page 8 18
Thursday, January 17, 2019 CleaverBrooks, t�
Barry Curtis
Williams Brothers Construction, LLC
136 Foster Lane
Billings, MT 59103
Dear Barry,
Through a steadfast commitment to research, development, strategic acquisitions, and a focus on providing boiler room
solutions for more than 80 years, Cleaver-Brooks is the sole provider of integrated boiler, burner, and controls solutions.
With the#1 market share in North America, Cleaver-Brooks is the global leader in designing and manufacturing integrated
boiler room systems, and the Cleaver-Brooks brand is globally synonymous with the highest quality, best reliability, and
creative innovation in boiler room solutions. Industry-leading proprietary burners, controls, components, and accessories
engineered by Cleaver-Brooks perform together seamlessly at peak energy and emissions efficiency.
Cleaver-Brooks offers the broadest range of integrated boiler room systems, subsystems, components and accessories in
the market, giving it a distinct competitive advantage as a complete solutions provider across commercial, industrial, and
institutional markets. A principal component of the Cleaver-Brooks strategy is to offer the most advanced and completely
integrated boiler room systems that satisfy diverse energy demands, high-efficiency performance, ultra-low emissions,
safety, reliability, and convenience from utilizing a single-source manufacturer.
From the Power of Total Integration, Cleaver-Brooks offers boiler room systems including mission-critical subsystems
performing water treatment, heat recovery, exhaust management, integrated system controls, and maintained by a
worldwide dedicated sales and service representative network. All sales and service representatives employ trained
technicians to provide first-class routine maintenance and repair services in accordance with national, state/provincial,
and local codes and standards.
As a Cleaver-Brooks Representative Association (CBRA) member near you, Vemco Sales, Inc. has produced this
proposal from your system requirements and equipment specifications. At your convenience, please review this proposal,
and contact me regarding any questions or comments.
Sincerely,
Dan Mahn
Vemco Sales, Inc.
201 N. Russell
Missoula, MT 59801
United States
(406)258-0334
danm@vemcoinc.com
4EJ-�'
0
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rig • • •
HYDROIRM
�ae.5�a.�5ea
HYDRO/RON JOB QUOTE:
OWNER: City of Bozeman
CONTRACTOR: Williams Brothers Construction
JOB IDENTIFICATION: WRF new boiler install in digester 3 building
DATE:0111512018
SCOPE OF WORK:live tap 2 ea 4"taps into 6"heat loop main, install heat pipe, heat pump, gas
pipe, and condensation piping associated with new Cleaver Brooks boiler
EXCLUSIONS:Boiler, boiler install, Insulation, housekeeping pad,flue piping, low/high voltage
control and electrical, start up of equipment.
Bid Sum of: $27098.05(twenty-seven thousand ninety eight dollars and five cents)
BEST REGARDS,
OffLNLANG(0fUVErVPRF.SIDENT)
IIYDROIRON I.LC
72 i,70LET RD.
BOZEAMNAIT 59718
PHONE(406)640-1588 Finail:olangChvdroiron.net
m��EEs
INCORPORATED
January 10, 2019
ATTN: Barry - Williams Bros. Construction
RE: Bozeman Water Reclamation Facility—New Boiler Venting
Solids Dewatering Building
Bozeman, Montana
We are pleased to quote on the above-referenced project as shown on the plans and bidding
information to include the following HVAC work.
• Install new Double-wall Stainless Steel boiler flue and Single-wall Galvanized combustion air
duct from the new Boiler location in the Basement up thru the Main Level and roof. Includes a
2-position motorized damper and duct insulation for the combustion air vent. Flash new
vents to existing metal roof and provide insulation thimbles as necessary.
• Includes Permits and Licenses, Prevailing wage rates.
Ventingand Installation .................................................................................................. $ 16,830.00
Add Hole Coring—Two (2) Holes thru Main Level ......................................... ADD ..... $ 850.00
TOTALHVAC ...................................................................................................................... $ 17,680.00
Bid Exclusions:
All plumbing and fixtures,gas piping, Boiler, boiler piping and pumps.
Condensate piping and drains—Boiler flue will typically require a drain connection.
Piping insulation.
Electrical power wiring, interlocks and connections.
Temperature Controls and Process Controls, including CA damper interlocks to Boiler.
Testing and Balancing. Commissioning.
Guards or enclosures around Boiler venting thru Main Level.
This proposal maybe withdrawn by us if not accepted within 30 days. We reserve the right to accept or reject any
subcontract at any time,regardless of the quote.
Estimator/Project Manager
--------- P.O. Box 1080, Belgrade, Montana 59714 P: (406) 388-1401 F: (406).388-6258 --------
FRONTIER
electric
Bozeman WWTP Boiler install
Prepared By: Robert Levandowski Work: 406-438-1789
118 6"'Ave. Cell: 406-431-3368
Havre, MT.59501 Fax: 406-443-1789 Email: rlevandowski@frontierelectric.us
Engineer: HDR Project: Dated:
Frontier Electric will be pleased to perform all Conduit Installation,Wire Pulls, and Points Terminations,
for the above referenced project in Great Falls, Montana.
Work listed is by our discussion at the walk thru:
Conduit and wiring From MCC to the Boiler Control Panel (120 Vac 20-amp circuit)
Install a local disconnect for boiler power(Switch)
Conduit and wire to the circ Pump for power. (240 vac 1 phase from MCC)
Install a local disconnect for Circ pump power(Switch)
Control cabling from the Boiler Control panel to the Damper(if this is where it is controlled from)
Conduit and wire From the Scada to the Boiler Control Panel.
Conduit and wire From the Scada to the Circ Pump
Boiler Install Parts $ 2772.00
Boiler Install Labor $3600.00
Price Includes:
Exclude:
Total Bid: $6,372.00
Acknowledge Addendums:
FRONTIER
e ectric
Frontier Electric Essentials:
Montana Contractor#f 163033
Mt Electrical Contractor ELE-CO-LIC-2505
MDT listed DBE 0295 Expires 31 OCT 2020
Member NFPA
1
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November 2014
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Features and Benefits
• Flow-optimized disks provide the maximum flow Fixed Factor/Pressure Factor Measurement(PFM)
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